In most cases, an owner of a vehicle has the right to entrust that vehicle to another person. However, the situation becomes problematic if the owner of the vehicle loans that vehicle to someone who should not be driving. While negligent drivers are usually held accountable for the damage they cause in an accident, when […]
Category: Litigation
Motions for Substituted Service in Texas
When conflict cannot be resolved, sometimes legal action is the only recourse. Once a client and attorney determine that the client has a viable reason to file a lawsuit, the attorney will draft and file a petition. Because that petition informs the defendant of the claims against him or her as well as the relief […]
What to Know Before Filing a Lawsuit in Texas
When a business or other relationship sours, conflict often escalates, sometimes to the point of legal action. Before taking such drastic and costly action, it is wise to determine what exactly a lawsuit in Texas involves and to carefully consider whether the potential advantages of a lawsuit outweigh the costs. Even if a client and […]
The Basics of a Texas Petition
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 […]
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 […]