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Legal F.A.Q.

The answers to the questions on this page do not constitute specific legal advice about any particular claim or matter by the Conover Law Firm.  If you have a particular question about a specific legal issue, you should contact an attorney before taking action.  You may also go to the Contact page of this website and submit a question, however, merely contacting this office does not create an attorney-client relationship.

Frequently Asked Questions

• How much will it cost to hire an attorney?

The cost of each case is based upon the unique facts and circumstances involving your situation. After an initial consultation, often free of charge, the attorney will be able to provide an estimate of the anticipated fees for handling your case. A payment of a “retainer fee” is often required. In addition to attorney’s fees, you will also be responsible for the payments of the costs associated with the litigation, such as filing fees and discovery costs.

• Does my case have merit?

After discussing your case with you, an attorney can help you evaluate whether you have a meritorious claim or defense. The person filing a lawsuit in court has the “burden of proof.” In most civil cases, you must establish certain matters by a preponderance of the evidence. In defending a case on the merits, the person being sued must demonstrate a lack of sufficient evidence or affirmatively prove some legal theory of defense.

• When will my case go to court?

Once a lawsuit is filed, the proceedings are governed by the “rules of procedure.” These rules are established by the Texas Supreme Court and apply in every court in the state. Before a trial is held, both sides engage in a process known as discovery. This involves answering questions and producing documents before the trial. In most civil cases, the courts now require some sort of alternative dispute resolution before proceeding to trial. After discovery and if a settlement has not been reached, the case is then set for trial.

• How long will it take for a lawsuit to be resolved?

Every case is different.  It can take as little time as a few months to as long as several years, depending on whether the case goes to trial or is appealed.  An attorney should always try to resolve a case as quickly as possible consistent with obtaining the best result for the client.

• When do I need to file my lawsuit?

The time within which you must file your claim in court is called the “statute of limitations.”  The statute of limitations varies depending upon the type of case you have.  Some types of cases, especially those involving governmental bodies, may have special limitations periods and a requirement that administrative remedies must be exhausted before suit can be filed.  If you fail to exhaust these administrative remedies or fail to file suit within the limitations period, your right to file suit is barred and you will lose any legal basis for recovery.

• Is the information I provide my attorney confidential?

Yes, the information you provide an attorney, even that information provided to an attorney during a consultation that you do not hire, remains confidential except in limited circumstances.  This is called the “attorney-client privilege.”  This privilege remains in effect even after the case is concluded.  However, a client cannot use this privilege in an attempt to commit a crime.

• I have been sued, but I did not do what the person suing me says I did . Do I need to hire an attorney?

In all likelihood, you will need to hire an attorney. If you have been sued, you must answer the suit within a period of weeks after having been served with the lawsuit. If you fail to file an answer, the attorney for the person that filed the suit will obtain a “default judgment” against you. It is much more difficult and expensive for an attorney to present a defense on your behalf if you wait until the last minute to hire an attorney to defend you.

• I was arrested and put in jail.  I bonded out of jail and now have criminal charges filed against me.  Do I need to hire an attorney?

Generally, you will need an attorney at your side when you are charged with a crime. The “prosecutors,” attorneys paid by the State of Texas, usually have extensive resources to bring charges against you in court. In addition to the police, prosecutors have access to their own investigators and criminal histories of the Defendants. With all the resources available to the State, the likelihood of being able to defend yourself is slim.

• I was arrested for DWI and refused to provide a sample of my breath or blood.  The police officer took my driver’s license.  I need a license so I can drive to work.  What can I do?

Under Texas law, if you fail to give a sample or your breath or blood upon request by a peace officer, you automatically lose your driving privileges.  This process is known as “administrative license revocation” or “ALR.”  You can appeal an ALR decision, but you must do so within a specific period of time.  If you do not prevail at the ALR hearing you will lose your license.  Even when you do provide a breath or blood sample, you will lose your license if your sample exceeds the legal limit for intoxication.  In both cases, you will need to apply to the court for an “occupational license.”  You should hire an attorney to assist you with both the ALR process and the occupational license procedure.

• I was divorced 2 years ago, and now my ex-spouse refuses to pay child support and will not comply with several other provisions of the divorce decree.  What can I do to enforce my rights under the divorce decree?

You must file suit against your ex-spouse to enforce the provisions of the Final Decree of Divorce.  If the child support obligations are payable through the Office of the Attorney General, it could take months or years before action is taken.  By hiring an attorney to file suit to enforce the decree, action could be taken more quickly.  Moreover, the Attorney General does not get involved in matters such as custody and visitation disputes, or other issues that do not involve the financial obligations of your ex-spouse.

• My father died without a will.  Four of his five children are alive, but one of them died, leaving three grandchildren.  My mother is in a nursing home and cannot handle her finances any longer.  What can I do to straighten out my father’s estate and ensure that my mother is taken care of financially?

These are common problems that most general practitioners deal with on a routine basis.  Legal documents need to be filed with the court concerning your father’s estate, and your mother needs to have a will.  The heirs of your parents may or may not have any legal rights depending on the facts and circumstances involved.  When questions and issues such as these arise, you should consult an attorney as soon as possible.  It is best that wills, powers of attorneys, medical powers of attorney, advanced health care directives, and other legal documents be in place before some catastrophic event happens.  By hiring an attorney before something bad happens to a loved one or yourself, you or your surviving family members can avoid years of heartache and potential litigation.

• I own a small business that is not incorporated.  I have heard that if I incorporate my business, I can avoid being held liable if someone files suit against me. Can you give me some advice about incorporating my business?

Suits against businesses, whether incorporated or not, can be costly. Incorporation of the business may or may not be the best thing to do, depending on the nature of the business and the potential for liability. You should consult an attorney, as well as financial professionals, before deciding to incorporate. Then, your attorney should assist you in the incorporation process to advise you of any legal ramifications. You should have an attorney review any contracts before you sign them and assess any risks your particular business may have in the area of personal injury litigation.

Disclaimer

The information obtained from this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Your calls, letters, and electronic mail are welcome, however, merely contacting The Conover Law Firm does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established. Licensed by the Texas Supreme Court.