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Texas Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Is it my legal right to see my discovery before court?

Is it my legal right to go over my own discovery before court? I was charged with possession of over 400 grams, but I had no idea it was in my vehicle, and it definitely wasn't mine. I was indicted along with two other passengers. I've retained an attorney who has had the discovery... View More

John Michael Frick
John Michael Frick
answered on Mar 17, 2025

If your trial is in ten days, you should stress. Most competent and experienced attorneys will have thoroughly reviewed all evidence in your case and spoken with all willing witnesses weeks or months before your trial setting.

1 Answer | Asked in Divorce, Legal Malpractice and Civil Litigation for Texas on
Q: Can I file a motion for a new trial due to collusion evidence discovered post-divorce in Texas?

I have documented evidence of my ex-husband and his attorney colluding against me during our divorce proceedings. Their emails discuss default judgments made before I was ever served and contain derogatory remarks about me. Due to my mental health and financial struggles at the time, including PTSD... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2025

No

2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: I overheard my court appointed attorney calling me a liar to the DA when I was sitting in court today waiting for him

He also told her I admitted guilt which I did not then told her I had a personality disorder of course when we went up for my turn to see the judge I requested to fire my attorney I proceeded to tell him why because he asked… the judge then told me to be quiet what should I do

Madolyn García Falone
Madolyn García Falone
answered on Jan 17, 2025

You need to hire a private criminal defense attorney. The attorney you hire will be able to replace your appointed attorney. There may be some damage done to your case by the original counsel, but that’s something for the new lawyer you retain to deal with as appropriate.

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1 Answer | Asked in Legal Malpractice for Texas on
Q: my attorney added false information to my lawsuit without telling me. i found it online. can i sue?

the false information compromised my case

John Michael Frick
John Michael Frick
answered on Dec 6, 2024

Maybe. It depends on the facts and circumstances of your particular case and why the attorney added the false information.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Texas on
Q: Can DFPS case be dismissed with evidence of perjury and breaking procedure?

Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More

Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Oct 15, 2024

You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.

1 Answer | Asked in Legal Malpractice for Texas on
Q: How can I obtain my full settlement amount from my case I asked my lawyer to give it to me but he didn't what can I do?

If my lawyer refused to give me the full settlement amount that I was supposed to be getting from my case how can I find out the full amount of my case settlement?

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

A Texas attorney could advise best, but your question remains open for a week. Without knowing the details of your file, one possibility is that there could be liens on the case that need to be satisfied (money demanded from medical providers or insurance carriers). Another possibility, that could... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can a city cop use use bolt to stab into my door seal and rip my door open my door without a Warren outside city limits
James L. Arrasmith
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answered on Sep 16, 2024

If a city police officer attempts to use a tool like a bolt to stab into your door seal and force it open without a warrant, especially outside city limits, this could be a violation of your rights. Generally, law enforcement officers need a warrant to enter your home or vehicle, unless there are... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Do public defenders/court appointed attorneys have “permission” to act the same as a hired attorney?

I was once charged with a crime and hired a lawyer who advocated strongly and fiercely on my behalf. Dismantled my case and got it dismissed. Filed motions, held hearings, called witnesses, the whole 9 yards.

I know that’s what I paid for, but are court appointed attorneys/public... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

A court-appointed attorney or public defender can and should represent a defendant with the same zeal using the same legal procedures that a retained privately paid attorney uses.

1 Answer | Asked in Legal Malpractice for Texas on
Q: If I use a fake id at a gas station and the clerk calls the cops on me, am i legally allowed to leave before cops arrive

I would like to know if I can legally leave, and if so, will there be a follow up notice given to me

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

You may legally leave but could be arrested without advance notice later.

1 Answer | Asked in Legal Malpractice for Texas on
Q: Who sues other attorneys for rights violations, ethic violations, and breaching the duty of care?
Joel Gary Selik
Joel Gary Selik
answered on Dec 29, 2023

Legal Malpractice Attorneys. Some states certify attorneys as legal malpractice specialists.

1 Answer | Asked in Legal Malpractice for Texas on
Q: Can I sue my attorney for missing a court date in a civil matter and I am the plaintiff?
John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes if the attorney missing the court date caused you to incur damages.

1 Answer | Asked in Legal Malpractice for Texas on
Q: Is it legal for a Montgomery County? Texas constable to be pulling people over in Harris County and harassing them.
John Michael Frick
John Michael Frick
answered on Oct 4, 2023

It is not legal for a constable or any other law enforcement officer to pull over people to harass them. They must have a valid reason to stop them, typically observing the violation of a traffic law.

1 Answer | Asked in Legal Malpractice for Texas on
Q: If a disability attorney ruined my disability case. Will I be able to file a legal melpractice on him?

My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 2, 2023

Yes a legal malpractice case is possible.

The first question is did the attorney act below the standard of care (malpractice).

The next question is did the attorney's malpractice cause you harm, that is does it cost you money.

You are required to mitigate your...
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2 Answers | Asked in Personal Injury and Legal Malpractice for Texas on
Q: If you fire your personal injury lawyer and you can prove he never even called the adjuster how does he charge a third

And what process can I go through to try to get him not to be paid he never even called he had been retained for 2 weeks

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The attorney probably can’t recover a full one-third contingency fee if the attorney has not performed any material work on a case.

Calling an adjuster may or may not be necessary in a lawsuit. But a delay of two weeks in a lawsuit that likely will last two years isn’t particularly material.

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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Texas on
Q: how do i go about withdrawing my attorney from my divorce case so I can finish the process in default?

Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case.

John Michael Frick
John Michael Frick
answered on Jul 12, 2023

You will need to instruct your attorney to file a motion to withdraw. Once an attorney has appeared on your behalf, you cannot file court papers on your own behalf in a civil case. Your attorney will have to file a motion to withdraw.

Alternatively, you can hire another, more responsive...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Our lawyer was discussing our case with the person who.referred me.to her.is.that legal

I was referred to our attorney by a neighbor. My lawyer has been sharing opinions details and information about our case to this person. That person is someone I recently had to file a police report on for stealing close to $800. When I confronted my attorney and reiterated what was being said she... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

Generally, no, these details should not have been shared.

3 Answers | Asked in Legal Malpractice and Wrongful Death for Texas on
Q: My husband was in a rehab facility and there where several incidents that occurred and this last one resulted in his de

Resulted in his death what should I do

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

The first thing is have someone perform an autopsy on your husband’s body to determine the cause of his death. Ask the medical examiner to focus on any mistreatment or malpractice that might have contributed to his death. Include a full toxicology screen.

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1 Answer | Asked in Civil Litigation and Legal Malpractice for Texas on
Q: If I plan to file a malpractice suit against my attorney am I supposed to notify him in advance or just do it?
John Michael Frick
John Michael Frick
answered on Apr 7, 2023

That is up to you. Unless your agreement with your former attorney requires presuit notice, mediation, or arbitration, there is no legal requirement to give prior notice.

In my experience, presenting your claim prior to filing suit in detail and offering to mediate before filing can help...
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2 Answers | Asked in Legal Malpractice for Texas on
Q: Can I sue for legal malpractice

I paid a lawyer for a land lord tenant situation to represent me a dpta case and landlord dispute. I sign a contract of aggressive representation and 10 hrs of legal work for an amount paid .I only got a 40 min phone call to be told he can't represent me or nothing but this happen after I paid... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

While it is possible that you may have legitimate grounds to dispute the fee, you should not necessarily assume that the 40 minute phone call was the only legal work performed by the attorney and his law firm on your behalf.

Depending upon the facts of your situation, the attorney may have...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Can a lawyer settle my case without my consent in Texas? Or Under what circumstances if it is legal?
John Michael Frick
John Michael Frick
answered on Feb 21, 2023

No.

However, many attorneys (especially personal injury attorneys) include in their fee agreement a provision in which the client provides consent for the attorney to settle the case on the client’s behalf.

Most attorneys, including those with such provisions in their fee...
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