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Frequently Asked Questions about Houston business law attorney, real estate lawyer, and civil litigation services.
Frequently Asked Questions
These are no silly questions when it comes to the law. Read some of our most frequently asked questions below.
General Questions
We are committed to providing cost-efficient legal and mediation services. Our approach includes the client in every step to ensure transparency, and actively manages costs by making sure every action taken is strictly targeted at achieving your specific goals.
Integrity is one of our core values. While large firms rely on complex billing and opaque pricing, we prioritize client consent and predictability.
As a modern, solo practice, we cut out administrative overhead and pass the efficiency to you, ensuring you understand the value and the cost before we begin work.
The primary reason is high education costs. In 2024, the average law school graduate owed at least $130,000 in student debt while many owed significantly more.
71% of all law school students graduate with large amounts of debt.
Real Estate Law
Yes. If you are buying or selling property you should have a deed prepared and record the transaction with the county in which the property is located. There are several different types of deeds commonly used in Texas including a General Warranty Deed, Special Warranty Deed, Transfer on Death Deed also known as a “Lady Bird Deed”, a Quitclaim Deed, and a Deed of Trust.
The “warranty of habitability” as a type of implied warranty in residential leases in most jurisdictions, including Texas. This warranty requires the landlord to keep their property “habitable” and applies even when the lease does not specifically require the landlord to make repairs. Under this implied warranty a tenant’s obligation to pay rent is contingent upon the property’s habitable condition and the tenant may withhold rent if the home is not up to the required standards.Habitability is not clearly defined and may include any issue that may affect the health of safety of a tenant, but at a minimum is any property which complies with the local housing or building codes.
The “warranty of good and workmanlike construction” is a type of implied warranty which requires the builder or builders of a construction or renovation project to ensure that the work is performed by people with sufficient knowledge, training and experience to result in a habitable building. As an implied warranty, it cannot be waived and is an inherent part of any residential project. This concept has been extended to other areas, where consumers expect the work to be performed by qualified individuals including auto mechanics.
If you are buying a property you should get your own inspection performed even if the seller has a recent inspection. Make sure to hire a high quality inspector, you can consult your attorney for a recommendation. A good inspector will take the effort to check commonly overlooked issues and hopefully reveal any hidden defects or dangers in the property you are intending to purchase which could save you thousands in repair costs.
If you discover an issue with your home, you should consult an attorney. The damages may be the responsibility of the builder, or the result of a manufacturer defect in the materials.
First, consult your lease. Generally speaking, whether you are dealing with commercial or residential leases, the lease determines the rights and obligations, including repair obligations, of each party. If you are unsure what your lease obligates you or your landlord to do, consult an attorney. If your landlord is refusing to make repairs that the landlord is obligated to make you may be entitled to withhold rent, terminate the lease, and may have other claims against your landlord.
Business Law
Business law is a broad term that includes numerous rules, statutes, codes, and regulations which are enforced to govern commercial relationships and establish a legal framework within which businesses may perform and transact their business. Business law is incredibly diverse and includes such areas such as:
Business Formation + Organization
Transaction Business Law (Contracts)
Business Planning
Business Negotiations (Vendors, Suppliers, Licensing, Etc.)
Mergers + Acquisitions
Divestitures
Litigation + Dispute Resolution
Choosing which entity is best for you requires a number of considerations including the differences in the protection of your personal assets, the tax requirements imposed on different corporate structures, whether you are required to register as a professional service, and consideration of future expansion and acquisitions. You are best served by contacting an attorney to assist you in determining which entity is best for you.
An assumed name is also known as a “doing business as” (d/b/a), or a “trade name”, and can be thought of as a “nickname” by which your entity will be or become known within the marketplace. Assumed names are particularly useful for lengthy, difficult, or technical official names. Assumed names can be registered at a county level, or statewide. Assumed names do not have to be registered, but it is best practice to record your assumed name in order to prevent conflicts from arising later.
A non-profit is a formal organization which complies with the statutes governing non-profit organizations, including that none of the organization’s income may be distributed to its members, directors or officers and are often terms non-stock corporations. Such organizations typically include but are not limited to churches and public charities, educational organizations, sports organizations, legal aid societies, professional associations, and volunteer services.
- The first step in protecting your business is to speak with other business professionals: business attorneys, accountants, and insurance agents at a minimum, and also consider business consultants and market experts. These other professionals are necessary components to any successful business as they ensure that you are protected legally, ensure your finances remain in order, and insure against unforeseen obstacles.
Most states require that corporations hold a board of directors meeting at least once per year. The purpose of the meeting is to go over the past year’s details and decide on actions and strategy for the coming year. Best practices recommends holding meetings once a quarter and to update any decisions taken by the shareholders in the minutes of the meeting.
Civil Litigation
Civil litigation is a usually slow, complex, and an often long process involving months and more commonly years worth of discovery, inspections, motions and hearings, sometimes involving many different parties, and costing thousands to hundreds of thousands of dollars in expenses and attorney’s fees. If you are considering litigation, you should be prepared for the process, even in small claims court to take a minimum of several months. Civil courts are notoriously overwhelmed with the number of lawsuits filed each year, and most cases settle before ever being presented to a judge or jury, but often after a significant amount of attorney’s fees have been incurred. If your case goes to trial, your case will be presented to the judge or jury and the other parties will have the opportunity to present their defenses or claims of their own. At the conclusion of the parties presentation of their claims and evidence, the judge or jury will render a decision.
Depending on several factors, including whether you or your company was an original contractor or a sub-contractors, and depending on when the work was performed, you may have the ability to file a lien to secure the payment of work you or your company performed. Even without filing a lien, you may still have other claims including breach of warranty, or unjust enrichment.
While generally American citizens have a broad right of free speech and expression, when it becomes harassing, or involves falsity or negligent representations about a person or a business,it may be considered defamation (the broad term encompassing slander and libel) and business disparagement. If someone is publicly revealing private information about you, or publishing information which is not true, you may have a litigation claim to recover damages.
Under certain circumstances you may be able to get your attorney’s fees reimbursed from the opposing party. If your contract has a “prevailing party” clause you may have a contractual right to recover the costs of your attorney’s fees from the other party if you win your lawsuit. However, in litigation there is always a risk that you do not win your lawsuit and you will end up paying the other side’s attorney’s fees in addition to your own. In Texas, under certain circumstances, a party may have a statutory right to recover their attorney’s fees if they win their lawsuit.
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