Statutory Damages for Fraudulent Contractors' Liens. As a contractor, you should be wary of the damages for filing a fraudulent lien found in Chapter 12.002 of the Texas Civil Practices and Remedies Code. This provision provides that if a lien is found to have been filed fraudulently (as that [...]
Child Support and Losing Your Job. What should you do if you lose your job and can no longer afford your child support? Child support orders are based upon the amount of income you have at the time the order is entered. They do not take into account any [...]
The Importance of Deadlines in Divorce Cases Many clients ask why the divorce process can sometimes take a year or longer. The reason is, most of the time, that divorce moves as fast as the slowest person. What that means is that if one of the spouses wants the [...]
How Many Applications for Receivership Can a Creditor Make? Applications to appoint a receiver are one method collections lawyers have to secure payment of judgments and other relief. So, what happens if an application is successfully defended and the application is denied? The law in Texas does not appear [...]
How Early Mediation Can Impact Divorce Cases I am often approached to represent clients after a mediation has occurred. Most that approach their divorce this way do so in an attempt to work out most or all issues with their spouse without having to pay an attorney. From a [...]
The Changing Role of Fathers and Mothers in Divorce. More and more, fathers have taking a more active role in parenting their children. They are seeking broader conservatorship rights and duties. With this, visitation pursuant to a Standard Possession Order has become more inadequate, and more fathers are seeking to [...]
Divorce Decrees and Payments from Your Spouse Many spouses in divorce are awarded either lump sum amounts or payments from the other spouse in as part of the division of property, either to pay debts, or to effectuate a just and right division of the community estate, or a myriad [...]
Collaborative Divorce is a Mindset as Well as a Process. I get many calls from potential clients asking me about collaborative divorce. Typically, the parties do not have many or significant disputes, they want to work the divorce out themselves at their own pace and with good business judgment, and they do [...]
The Importance of the Business Decision Mindset in Litigation Litigation, in its purest most big-picture form, is nothing more than a dispute. Parties have a disagreement they can't resolve themselves. So, one party seeks out someone, whether that is a court or an arbitrator or some other decision-making body, to decide it. [...]
Surveillance and Covert Operations in Divorce Cases I recently read an article in the Houston Chronicle entitled "Spy Gadgets Infiltrate Divorces:" https://www.chron.com/default/article/Spy-gadgets-infiltrate-divorces-as-domestic-3518643.php Many spouses are using sophisticated and expensive technology to secure evidence of cheating, misuse of finances, diversion of money, excessive spending, lying, and a myriad of other malfeasance [...]
Construction Lien Basics and Collection Tools The construction industry has been hit very hard by the economy. Construction has slowed as consumers and businesses find ways to save money and delay construction that is not absolutely essential. This environment has also created an aggressive market for collections in the [...]
Receivership - A Collections Tool Gaining Popularity In this economy, many businesses and entrepreneurs find themselves falling behind with creditors and bills. While they fully intend to pay these obligations, and frequently see money coming in the near future to satisfy these obligations and get caught up, aggressive creditors often [...]
Drama Driven Lawyer Advertising. I was at a seminar recently, and one of the presenters was a business lawyer that likened plaintiff lawyers to a hungry lion and businesses to raw steaks. If you turn on the television, you will see ad after ad of lawyers re-enacting car accidents, watch brightly [...]
Basic Information About Construction Contracts. A construction contract or agreement is actually made up of several instruments in addition to the contract. Construction agreements are governed by the contract, written change orders, and the plans/specifications for the project. It is important to know that these instruments are reviewed together in confirming all [...]
Powers of Arbitrators When parties agree to arbitrate disputes, the law is not settled as to what powers an arbitrator has. For example, do arbitrators have the power to enforce witness subpoenas, compel parties to comply with the arbitrator's orders, issue injunctions, or hand down sanctions? Additionally, if discovery is needed [...]
Business Mediation Why should businesses look at mediation to resolve disputes? When a dispute arises, business leaders first turn to counsel to evaluate the risk, time, and resources a dispute may require to resolve. Litigation or arbitration may cost legal fees, expert fees, require hundreds or thousands of hours [...]