When seeking attorney’s fees, the general rule is that a claimant must provide evidence of the number of reasonable hours worked multiplied by a reasonable hourly rate. This is known as the lodestar method and requires a claimant to provide sufficient evidence for both rate and hours.In April of 2019, the Texas Supreme Court provided […]
Author: Philip Silberman
Vacating a Default Judgment in Texas
A default judgment is granted by the trial court when a defendant hasn’t filed a timely response. This means that a defendant did not respond to the lawsuit by 10 a.m. on the Monday after 20 days has elapsed from the date of service as dictated by Rule 83 of the Texas Rules of Civil […]
Where a Texas Deposition May Be Taken
The deposition is one of the most valuable pre-trial discovery methods in a trial attorney’s arsenal. Depositions allow parties to a suit to obtain the testimony of witnesses and parties involved in an action. The deponent’s testimony is given under oath and recorded for evidentiary purposes. Notice Procedure for Oral Depositions The Texas Rules of Civil Procedure […]
Lawsuits in Texas: A Basic Guide
There are few phrases that make the heart stop quite like “you are being sued.” A civil lawsuit can be a stressful experience; however, promptly obtaining competent legal counsel and understanding the basic language and process in Texas will ensure you are legally protected and proactive in asserting your rights. The first step in dealing […]
Homestead Laws and Specific Performance
Homestead laws are designed to protect property owners, and Texas has some of the strictest in America. They are meant to prevent creditors from forcing the sale of the family home to pay off the owner’s debts, even when there are no other assets to satisfy the owed amount. But what happens when the issue […]
Using the Probate Process to Stop Foreclosure in Texas
After a person dies, real property is immediately owned by the heirs-at-law if there is no will or by the beneficiaries in a will if the person left a last will and testament. Tex. Estates Code §§ 101.001(a), 201.001, 201.002, 201.003. Many properties that are inherited by heirs or given to devisees under a will […]
Texas Structured Settlement Agreements
It is not uncommon for plaintiffs in Texas to receive a structured settlement as opposed to a lump sum as compensation for their losses. Generally, there are certain tax benefits for the plaintiffs and cost savings for defendants associated with structured settlements. Despite settling for a series of payments over time, many plaintiffs and their […]
Hard Money Lenders and Homestead Property
Texas has strong protections from the forced sale of homestead property; however, there are some limited exceptions for certain types of liens that do attach to homesteads. It is well settled that non purchase money loans from hard money lenders will not attach to homestead properties in Texas.If unable to qualify for a home equity […]
Consulting Experts vs. Testifying Experts
Experts are a vital part of most litigation in Texas. There are generally two types of experts used in the litigation process: testifying experts and consulting experts. “A testifying expert is an expert who may be called to testify as an expert witness at trial. A consulting expert is an expert who has been consulted, […]
Limitations For Contribution Claims Between Co-Owners
Co-tenants in Texas that bring partition suits often have claims for reimbursements that may include insurance premiums, repairs, improvements, rent and taxes. In many situations, one co-owner of real estate has paid expenses or collected rent for the property for years and sometimes decades.These claims for reimbursements are typically pleaded as a claim for contribution. […]