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Texas Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

If a provider left on bad terms, although voluntary, can they use former employer's contact numbers to write their prescriptions? I have had a few calls from pharmacies regarding her prescriptions for other patients. Is there any legal issues with this? Is there something that could place our... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to send her...
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1 Answer | Asked in Child Custody, Family Law, Constitutional Law and Legal Malpractice for Texas on
Q: What are some motions that I can file in Texas for child custody when the state has tmc i go to trial next month,

They took tmc for allegations of drug use without ever even giving me a drug test and at my 262 hearing I tested clean but the judge continued anyway said it was because of my history my case worker calls me maybe one a month she also told my therapist not to schedule me a session until I submitted... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Mar 30, 2017

You need to hire a family law attorney to represent you in Texas. The state is very serious about protecting children and about following their instructions and abiding by their rules. If you want to be sure your parental rights are protected, contact an attorney right away. This is not a matter... Read more »

2 Answers | Asked in Business Law, Estate Planning, Legal Malpractice and Real Estate Law for Texas on
Q: My father has just been legally claimed incompetent by by step mother, he has a very large estate and business. He us

He used false addresses for paperwork to be concealed. I need to get access to the properties that have now been sent to unclaimed property and money. I do not know the lawyer in charge of these two entities in Louisiana.

How can I can access before they illegally continue to misappropriate... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 25, 2017

If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact... Read more »

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1 Answer | Asked in Consumer Law, Business Formation and Legal Malpractice for Texas on
Q: Hi Can I use the word "dental clinic" in my teeth whitening business name? I'm not using dentist or dentistry..Thanks

I'd like to use the name dental in my teeth whitening business name.

The word dental means: Of, relating to, or for the teeth: - Is this illegal? Thanks

Peter N. Munsing
Peter N. Munsing answered on Sep 9, 2016

I think the Texas Dental Associatioon would view it as holding yourself out as a dentist. Because "clinic" is defined as a place that renders outpatient treatment, you could have problems with state agencies. Further, if you aren't a dentist I hope you have a good liability insurance policy because... Read more »

1 Answer | Asked in Legal Malpractice for Texas on
Q: How to reopen or reconsiider or appeal cause of my lawyer legal malpractice I lost my case

My lawyer was suppended on the date of hire but never informed me this situation. Cause of his neglegents I lost my

Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

File a motion to reopen based on that. Look for a lawyer who handles legal malpractice who is a member of the Texas Trial Lawyers Assn--they give free consultaitions.

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Texas on
Q: Last year I entered a drug rehabilitation center to get help. I left my youngest under the care of her father-noncustod.

when I got out and went back to work I was served papers my ex had filed for temporary custody of my daughter without any warning my first day back to work. I had a nervous breakdown and a set back. I met with his lawyers and verbally agreed with the order but never signed anything. Court was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 9, 2016

you need to contact legal services/legal aid.You need to get copies of the court dockets and the orders, so whoever you talk to can see what is going on and advise you. You should have received notice/service. But that's not malpractice.You can file to reopen the custody matter but you need an... Read more »

1 Answer | Asked in Energy, Oil and Gas and Legal Malpractice for Texas on
Q: If a lawyer file your case in a court to sue for oil and gas interest and then was offer a settlement but you didn't

Like or sign can he just not try your case because you didn't sign the settlement when he filled your case in court?

Peter N. Munsing
Peter N. Munsing answered on Jul 9, 2016

If there are problems with the case he discovers he can, within the code of ethics, ask to withdraw.

1 Answer | Asked in Legal Malpractice for Texas on
Q: What information does a lawyer who is trying to be removed as counsel have to show if I contest.

He is basing his request on not being able to communicate with me in a manner consistent with good attorney/client relations

Adam Studnicki
Adam Studnicki answered on Feb 16, 2016

More info is needed. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Can a lawyer be reported to the state bar association for using their resources for personal gain?

My wife was in a car accident with a man back in August. After filing claims, both insurance companies decided that they would deny both claims, stating that there is not enough evidence to support said claims. Both parties basically backed up into one another when leaving a parking lot.... Read more »

Adam Studnicki
Adam Studnicki answered on Jan 13, 2016

Not clear on the specifics. Just because he is a lawyer doesn't mean he can't tell people he will sue them. Check with local ethics counsel.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: Can you sue another criminal trial lawyer ?
Adam Studnicki
Adam Studnicki answered on Jul 18, 2015

Depends on what circumstances of what they did.

1 Answer | Asked in Legal Malpractice for Texas on
Q: Law on an attorney overcharging their client

Court case on a construction Company. the Attorney over charged his client purposely

Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 23, 2012

Most state bars have a fee dispute committe you can contact.

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