FAQ

Yes, we always offer free consultations. We also offer remote consults via zoom

or telephone if you are unable to come to our office.

We only take on contingency cases for personal injury cases?

If you need a status update, feel free to call or e-mail the attorney or paralegal handling your case.

The response time to hear back from a lawyer or para legal depends on the case load of the attorney at that time.  If we are in trial, we are generally focused on that and will have to get back to you when we are able to.  For a quicker response, you may ask the para legal handling your case for a status update as they are very knowledgeable about each case they handle.

We can arrange payment plans, but we generally need at least 50% of the quoted retainer. 

The case length is determined by the type of case, the complexity of the case, statutory requirements of that type of case, as well as the parties themselves.

For instance, a divorce case must wait at least sixty days from the date the original petition is filed with the court before it can be finalized by the judge.  If both parties are in agreement to the terms of the final Decree, we can have the divorce done in 61 days.  If neither party is in agreement, and the case is complex, the case could take a year, or in some rare circumstances even longer.

Criminal cases can be short if for instance we are able to show that there was no probable cause for the arrest.  If the case is complex, the case can last in excess of a year.

Mediation is a structured, interactive process where a neutral third party, the mediator, helps disputing parties negotiate and reach a mutually acceptable resolution through specialized communication and negotiation techniques.  In easy-to-understand terms, the parties sit down with a trained neutral third party (The mediator) and you try and negotiate a settlement of your dispute without having to go to Court.

Mediation can be a more efficient and cost-effective way to resolve disputes compared to litigation or arbitration, and it often leads to more satisfying outcomes for all parties involved.

It depends.  In Texas, Courts in many counties have a requirement that the parties mediate prior to hearings for Temporary Orders and Final Trials in Divorce or child custody cases.  

In other types of litigations, the Judge may Order the parties to mediate prior to trial to attempt to settle the matter, or at least narrow the issues that are in dispute at trial.

A half day mediation which is four hours is $500.00 per side.  

A full day mediation which is eight hours is $1,000.00 per side.

If the mediation exceeds the allotted time, additional charges can apply.

If you need a short mediation just to get an agreement that already exists locked in, the charge is $150.00 per side for an hour.

If your spouse is avoiding service, the Court can authorize you to serve your ex through alternative means such as posting on the front door, serving via certified registered mail, through social media, or in extreme cases via posting in the newspaper.

Separate property is very specific and consists of property owned or claimed by the spouse prior to marriage, property acquired by the spouse during marriage by gift, device or descent (you inherited it} and the recovery for personal injuries sustained by the spouse during marriage except for recovery of lost wages during the marriage.

Community Property is all other property acquired during the marriage.

It depends, however in Texas, there is generally a sixty day waiting period between the time the initial petition for divorce is filled, and the day the divorce can be finalized by the judge.  So the time would range from 61 days, to several months depending on multiple factors.

Many factors can influence the calculation for child support to include income, and number of children, however the simple answer would be that child support is calculated. We calculate the percentage of the party ordered to pay child support gross income.  In the case of one child, the percentage would be 20%.  The percentage goes up by 5% for each additional child. 

Then you follow the federal law, which currently states whoever has the child for 50.01% of the time gets to claim the kids.  

Generally yes, your spouse needs to be personally served unless they sign a waiver of service or file an answer.

Generally no.  If you receive property as part of an inheritance, that is considered your separate property.

In part yes, and in part no.  Adultery can be used as a reason to ask for an unequal division of community assets and debts, but functionally, it usually only changes that division by a few percentage points.

Child support is based off your income, and if you retire and your income is reduced, your child support should be reduced. However, if the Court finds that you retired exclusively to reduce your child support the Court can decide that you are intentionally underemployed and can keep your child support the same.

Generally yes.  There are some exceptions for distance to the Court, but it is usually a good idea to follow any Court Orders.

The steps depend on your type of business. It may involve filing a DBA certificate with your County and paying a fee, or filling Incorporation papers with the state. 

If you have a medical power of attorney and are deemed incompetent by a doctor, you may be placed in a nursing home against your will. The same applies to individuals designated as wards. If you are competent, you cannot be forced into a nursing home. To avoid this, ensure you have a solid estate plan and financial stability. Discuss your concerns with your lawyer and request a 'Supported Decision-Making Agreement'. 

Yes, as long as the children have resided with you for over 6 months, you have standing to bring a suit to name you as the Managing conservator.

Child support is based off your income, and if your income is reduced, your child support should be reduced, however if the Court finds that your reduction in income is voluntary to reduce your child support, the Court can decide that you are intentionally underemployed, and can keep your child support the same.

A trust is an agreement which can be made effective during your life, and a will is a document which is effective upon your death. A will requires less mental competence to create than a trust. Trusts are often used to avoid probate, but a mismanaged trust is much riskier than a simple will. One almost always needs a will, and sometimes needs a trust. 

A Will is a document that transfers your probate property upon your death, as well as covering certain personal desires and directives. This document must conform with some strict laws in the State of Texas, but is otherwise rather free form in its drafting.

A trust is an agreement or directive that places certain property into the name of a person who manages the property (the trustee) for the benefit of a named individual or entity (the beneficiary) which is managed by the rules set out by the person creating the trust (the settler). At its core, it creates a fiduciary duty, the highest duty under law, for the trustee to manage the objects in the trust for the benefit of the beneficiary..

You should locate the original will, keep it safe, and contact an attorney and set up a consultation within a month or so of the individuals passing. You are welcome to disclose the contents of a will. It is not common in the State of Texas to have a reading of the Will, but you can arrange this with a lawyer if you so desire. You should bring at least a copy of the will, a rough list of assets, and a death certificate to this consultation. At that time, the attorney will review the facts, and the information provided and inform you whether or not probate is appropriate. 

When you ask a lawyer a question, you generally get the answer “It depends”. However, and generally speaking, a well drafted will that has good evidence of the competence of the person signing it, and is tailored to fit the needs of the individual, takes at least three hours to complete. We offer flat fee pricing for estate planning services, and those fees start at $1,000.and top out at $5,000.. 

When you ask a lawyer a question, you generally get the answer “It depends”. However, and generally speaking, a well drafted trust will take about five hours to complete and get to execution, as the terms of the trust are critical. When discussing trusts, we charge either an hourly rate or have flat fees starting at $2,000 and going up to $5,000. You would discuss your goals with your attorney and select the process you feel is more efficient for you. 

A lady bird deed is a term of art to describe a deed which is more strictly called an “Enhanced Life Estate Deed”. This deed retains to the owner of a piece of real property the right to live in an enjoy a piece of real property, and upon their death the property goes to a remainderman; basically a beneficiary designation.