Although statistics show 93% of folks who refuse to blow after a DWI stop actually lose their ALR hearing and their license, at least 7% win. Even in Travis and Williamson Counties in Texas. One who won recently was represented by our firm and it was very important since he is a fireman and his commercial driver's license is crucial to his job...and thanks to us remains so.
Continue reading "Big ALR license vicotry for DWI client in Williamson County, Texas"
Almost every lawyer has had someone say, "you cannot represent my wife in our divorce, you did our wills!" Wrong. (citations omitted) Or, you cannot represent my wife in your divorce, you represented me in my DWI. Wrong again. (citations omitted) But what about, "you cannot represent my wife in my motion to modify because your partner represented me in our divorce" ? It would seem obvious that a modification is by definition a different matter only dealing with things that arose after the divorce, and that even if it weren't a partner would actually have to have real confidential information that might harm a (former) client, not just the supposition of or speculation about such evidence. But watch it...the natural response of "if you think there's a conflict, file a motion to disqualify" is dangerous...the former client of a partner can file a grieveance if the motion to disqualify happens to be granted. In short, if anyone files a motion to disqualify you as a lawyer, you had better simply agree to it!
Continue reading "Conflicts checks and Williamson and Travis County Motions to Disqualify"
Almost every lawyer has had someone say, "you cannot represent my wife in our divorce, you did our wills!" Wrong. (citations omitted) Or, you cannot represent my wife in your divorce, you represented me in my DWI. Wrong again. (citations omitted) But what about, "you cannot represent my wife in my motion to modify because your partner represented me in our divorce" ? It would seem obvious that a modification is by definition a different matter only dealing with things that arose after the divorce, and that even if it weren't a partner would actually have to have real confidential information that might harm a (former) client, not just the supposition of or speculation about such evidence. But watch it...the natural response of "if you think there's a conflict, file a motion to disqualify" is dangerous...the former client of a partner can file a grieveance if the motion to disqualify happens to be granted. In short, if anyone files a motion to disqualify you as a lawyer, you had better simply agree to it! Or you may be defending a grievance. Wow.
Continue reading "conflicts checks and grievances in williamson and travis county in texas"
Just like mediation was unknown back in the 1980s and now it's required prior to trial by most every Court in Travis and Williamson County in Texas, collaborative law is beginning to be very important and there are at least two huge misconceptions....first is that collaborative law is for easy agreed cases...it's not. It's for cases where both sides think the other is lying and will spend $10,000 or more on experts and so they agree to use just one expert...whether it will be a parenting expert or a financial expert. Second, it's thought that most collaborative law cases don't settle, but just like with mediation, more than 75% settle because anyone who doesn't listen to the one chosen expert gets to hire a new lawyer...a penalty for be an uncontrollable waste of money client. In short, collaborative law is for the tough cases, not the easy ones, and only a few lawyers are trained to write a collaborative law agreement in Travis or Williamson County in Texas.
Continue reading "Collaborative Law in Travis and Williamson Counties in Texas"
A common techniquie in Williamson and Travis County, Texas custody disputes has been for the parties to agree on a social study expert to conduct a Section 107 Social Study and essentially tell the Court who the best parent is. Occasionally, a party, through their attorney, will agree in a "rule 11" agreement to pay for 1/2 a social study and will then refuse to do so...withdrawing their signature on the Rule 11 Agreement or trying to....well although Rule 11 agreements are not like Mediated Settlement Agreements or Court orders in that such agreements as to custody are not necessarily enforceable, in these counties' courts such agreements ARE enforceable at least as to who pays for the therapist or social worker....
Continue reading "Williamson and Travis County you'd better hold to your Rule 11 Agreements to pay for 1/2 a social study"
