So exactly, What is a writ of habeas corpus in Texas? Many people do not understand what the term means. A writ of habeas corpus is a constitutionally recognized process, it is an order to bring the person holding you (or your loved one who is in prison) to justify why they are legally holding…
The grounds you assert on your Writ of Habeas Corpus can make or break your case. It is very important that you and your loved ones know the ground to assert your case on, but that raises the obvious question: What grounds are good to assert in your case, and what grounds have no chance?…
There are many steps that you have to go through to file your 2255 Writ, but there are a few important steps to filing the writ that you need to know to have the best shot at freedom for your loved one. The 2255 writ is a modern descendant of the common law petition for…
Communication is key in time-sensitive matters often relating to contracts, plea agreements, and settlement offers. Lawyers are obligated to communicate any settlement offers to the client in a civil case or plea offers in a criminal case in full terms. Rule 1.03 specifies that a lawyer shall keep a client informed about the status of…
Lack of communication is a leading cause of ethics violations and malpractice claims. Good communication protects the client from making decisions based on a lack of information. While we are all aware of how important communication is, so many attorneys still fail at it. Poor communication methods, improper relationship management, and lack of time are…
For lawyers, good client communication means setting expectations from the start. Being legal guru’s lawyers love to have everything in writing. This means that the contract for services or representation agreement will outline lawyer communication basics. Often the lawyer will ask you to agree to keep any contact information up to date and send them…
The Texas Disciplinary Rules have specifically addressed how a lawyer should use Social media or traditional advertising in their communications with clients. Lawyers must tread lightly in this area in their use for promotions and communications. Commercial speech laws restrict how the lawyer may respond if you’re contacting them for the first time. A lawyer…
The U.S. Constitution guarantees your right to an attorney in a criminal case. This right extends to state prosecutions through the due process clause of the 14th Amendment. The Texas Constitution article I also provides this right. This doesn’t mean you must be provided an attorney at no cost. What this right grants you is…
In many cases, no one has retained counsel for you absent some heads up that the charge is pending, and you had time to reach out to a lawyer. You can expect to see your attorney in short order through the attorney appointment process. Appointed counsel should do the same despite the disparity in pay….
Conflicting responsibilities are part of the nature of practicing law. Good attorneys know that failing to deal with impermissible conflicts of interest lead to difficult ethical problems in their practice. Attorneys must recognize conflicts of interest under Rule 1.06 and take appropriate action. The lawyer must at a minimum withdraw and communicate that the representation…
