Filing a formal response to a lawsuit is a critical step for any defendant. However, the complexity of this initial pleading differs significantly between Texas state courts and the federal court system, largely due to Texas’s unique and liberal pleading standards. Texas: The Liberal Pleading Standard Texas state courts are often described as having a […]
Author: Philip Silberman
Can I Pay an Attorney Just to Answer My Lawsuit?
Yes, it is possible to hire an attorney for the limited purpose of drafting an initial legal answer to a lawsuit, especially if you cannot afford full representation. This is a common practice for individuals facing the threat of a default judgment who need time to secure full counsel or funding. The Threat of a […]
The Step-by-Step Guide to Converting Your Sole Proprietorship to an LLC
Transitioning from a sole proprietorship to a Limited Liability Company (LLC) is a smart move for small business owners seeking asset protection and potential tax advantages. This process involves a series of necessary legal and administrative steps to ensure the new entity is properly formed and separated from the owner. Step 1: Form the LLC […]
The Purpose of an Alternate Juror
The role of an alternate juror is a critical component of ensuring the stability and completion of a jury trial. Their primary purpose is to act as a standby replacement should one of the sworn jurors be unable to complete their service. The Alternate’s Role in the Courtroom An alternate juror is selected and sworn […]
How to Get Someone Committed to a Mental Hospital
When a loved one is suffering from a mental health crisis and is a danger to themselves or others, family members often seek legal intervention to get them immediate help. While this is an emotional and urgent situation, the legal system has specific, often frustrating, procedures for involuntary commitment. The Mental Health Warrant Process The […]
Guardianships For People With Mental Health Issues
Dealing with a loved one who suffers from a severe mental health issue and is unable to care for themselves can be heartbreakingly difficult, especially when you seek legal intervention like a guardianship. Unfortunately, these cases present unique challenges in the Texas legal system. The Challenge of Mental Health Cases Attorneys who specialize in probate […]
How to Sell Your Duplex or Four-Plex as a Condo
Many property owners who own a multi-unit building like a four-plex eventually consider selling the individual units to different buyers. While the idea of simply drafting a deed for each unit may seem simple, converting a multi-unit property into individual, separately sellable residential units requires a formal legal process that establishes a condominium regime. The […]
Why Small Businesses Don’t Like C-Corp Status
The C Corporation (C corp) is one of the oldest forms of business organization, and while it offers asset protection, it is widely unpopular among small business owners due to its default tax structure, which subjects income to double taxation. The Double Taxation Problem The primary reason small business owners generally avoid C corporations is […]
LLC vs. S Corp in Texas: A Fundamental Distinction
The distinction between a Limited Liability Company (LLC) and an S Corporation (S corp) often confuses small business owners, but the difference is clear: the LLC is the legal entity, and the S corp is the tax election. The LLC: The Legal Entity An LLC is a state-level legal entity that has become the standard […]
How Much Do Executors Get Paid in Texas?
The question of how much an executor of an estate is entitled to charge for their services is a common one, especially for individuals who are not named as beneficiaries in a will. In Texas, the compensation for an executor is governed by state law, which sets a maximum amount that is often far less […]