Filing a lawsuit begins what is generally a long, costly process. After consulting an attorney to determine that the facts warrant a lawsuit, the attorney must then draft a document that outlines the claims against the defendant, including how exactly the plaintiff has been harmed by the defendant and the plaintiff’s claim for relief. Other […]
Category: Litigation
Serving a Defendant with a Lawsuit in Texas
Filing a lawsuitis not an easy decision, and it often has long-term repercussions for all parties involved. After collaborating with an attorney to determine that a lawsuit is the best course of action, the attorney then drafts, files, and serves a petition to the defendant named in the lawsuit. Like other processes in litigation, the […]
Motions to Withdraw in Texas
Since most people turn to an attorney when they need help with serious, often complex issues, the client-attorney relationship is an important one. Most often those relationships are cooperative and beneficial. For a number of reasons, however, attorney-client relationships may end before expected. More complicated than a simple verbal break-up, the attorney must adhere to […]
An Introduction to Attorney Client Privilege in Texas
A person usually reaches out to an attorney for help with a serious situation. In order to benefit from the attorney-client relationship, the client must feel completely free to share all information about that situation without fear. Fortunately, the importance of that freedom is recognized and codified in Rule 503 of the Texas Rules of […]
Actual Notice and Constructive Notice as Part of the Innocent Purchaser Defense
To benefit from the innocent purchaser defense in Texas, a party must not have actual or constructive notice that another person may have an ownership claim to the property. Knowledge of the claim may result in divestment of the purchaser’s ownership interest. According to Texas Property Code § 13.001, actual notice means that the purchasers […]
Innocent or Bona Fide Purchaser Defense in Texas
The Latin phrase bona fide translates to “something of good faith, authentic, and genuine.” A Bona Fide purchaser, then, is someone who purchases property in good faith, assuming that things are as they seem, that the purchase is legitimate, and the title is unencumbered. If a third party presents a claim against the property, a […]
Topics to Avoid During a Closing Argument in Texas
Closing arguments usually occur after reading the court’s charge to the jury and are often an attorney’s favorite part of the trial. Frequently critical to the trial’s verdict, there are two main purposes of a closing. The first is to remind the jurors of the relevant evidence and facts of the case, thereby providing proof […]
The Spearin Doctrine in Texas
Construction projects do not always go smoothly, to the consternation of property owners and construction companies. Sometimes the surprises are unforeseeable and unavoidable, but sometimes they are the result of carelessness, miscommunication, or poor planning. Given the time and expense of these projects, the courts have often been involved in determining liability when construction projects […]
Special Appearances in Texas
If a person or entity is sued in Texas, that person or organization has a right to challenge the state court’s jurisdiction, particularly if that person is a non-resident, the person or entity has no connection to Texas, and/or any property involved is not located in Texas. This type of challenge is called a “special […]
Venue in Texas
Because the venue of a lawsuit may have a significant impact on the outcome of a court case, it is an important consideration for both plaintiff and defendant. A convenient venue makes the already difficult legal process less challenging. Judge and jury predisposition may also vary depending on venue. The effects of the venue are […]