Areas of Practice

FAQs

Corporate Business and IP LAW

When starting a business how do I begin?

When starting a business you need to begin by setting goals and create a business plan.   Without a clear idea of where you want to go and how you plan to get there, you may find yourself stumbling through the stages of starting a business and facing unwanted stress and frustration.  With guidance from your attorney, together you will outline what you intend to accomplish in the short term, ie., 1 month, 6 months, 12 months, etc., as well as over the long term, ie., 2 years, 5 years, 10 ears, etc.  Once you have set out your goals, you can create a business plan that will guide you over time.

Do I need a business plan to start a small business?

Yes, you need a business plan. The plan should include, at a minimum the following: an outline of your vision for the business; your mission or purpose for starting the business; a list of your objectives or business goals, both large and small; your strategy for building your business; the start-up capital required to get your business off the ground and carry monthly expenses over 3 months, 6 months and 1 year; and, plan of action for carrying out the business now and in 1 year.

Do I need legal help for my business?

We represent businesses and individuals who have been victims of serious damages throughout the nation.  When you or your business has been harmed because of another’s wrongful conduct, our lawyers can help you take action to rebuild your business.  We employ exhaustive preparation, meticulous research and an aggressive pursuit of justice.

I want to form an entity for my business. Which type of entity should I form?

The limited liability company is the most commonly formed entity used today.  However, particular aspects of your business might make alternative form of entity more suitable for your needs and goals.

Can I register my business name and logo?

There are numerous factors affecting your ability to register your business name with the U.S. Patent and Trademark Office as a registered trademark or service mark, such as a potential confusion with other marks used in commerce.   However, you still may have common law rights in your name and logo.

Why can’t I draft my own agreement?

In a business setting, people who attempt to save dollars in the beginning by saving on legal fees, usually end up paying much more in legal fees to correct the situation.

Real Estate Law

Do I need a real estate lawyer if I purchase a home?

Buying a home will likely be the biggest financial transaction of your life. You need an experienced professional to guide you and to help you steer clear of potential problems.

Your real estate contract has an option period. During the option so legal holidays and weekends count as days in option period?

Yes, legal holidays and weekends count as days in the option period unless there is specific written language in the Contract to the contrary.

I have allowed the neighboring land owner to use 12 feet of my property. Do I lose ownership of that land by allowing the neighboring landowner to use it?

Often the user relies on what it appears to own or the land he physically uses, and a buyer relies on what he actually sees as being part of the property being purchased.  The argument of “who owns what” can be avoided by having your attorney prepare an easement agreement between the landowners from the inception of use so that there is no dispute at a later time as to “who said what” about using the land.   The document would give the neighbor use for a period of time to allow the owner to retain ownership rights, be signed by both landowners, and then recorded with the County so the future purchasers are aware of the agreement and the present owners are not exposed to liability.   Otherwise, at the time one of the landowners decides to sell the land there could be a legal battle to determine who owned the portion, and as a result, prevent the sale and generate high litigation costs.

Your real estate Contract is for 10 acres of land “more or less”. How do I know what I am buying?

The most accurate way to determine exact quantity of land is to obtain a new survey of the property from a registered land surveyor.  If you rely on an old survey of the property you take the risk of not knowing if new easements were filed on the property, whether the perimeter has been lessened by widening of a street, or similar problems.   Don’t take the risk.

Litigation

Do I need a lawyer?

If you are asking that question, you should call us or email one of the attorneys on our website and talk to us about your situation.

When should I consult a lawyer?

Ignoring a problem won’t make it go away.   In a business context, the other side is probably already consulting a lawyer.  At the very least, ask an experienced lawyer whether you can wait to retain them.

I would like to speak to an attorney about a potential lawsuit, what are the first steps?

You can set up a meeting by calling our office at 972-788-1400 or by emailing one of the attorneys listed on our website.   You can then set up a mutually convenient time to meet and discuss the merits of your case. 

What is the attorney-client privilege?

The attorney client privilege permits a client to refuse to disclose and/or prevent other individuals from disclosing confidential statements made between the client and the attorney.  This privilege fosters the client’s ability to speak freely with his or her lawyer and ensure that such communications will be protected.   Due to the nature of these generally-protected communications, the client will be free to express any and all matters concerning his or her case, and permit the lawyer to make a full and fair assessment of the client’s legal position.

How much would a lawsuit cost?

There is no way anyone can accurately estimate fees.  Many factors affect ultimate costs, including where the suit will be filed, the amount in controversy, the complexity of the case, whether experts are needed and the reasonableness of the other side.   Our firm makes every effort to deliver superior legal services as efficiently as possible.   We will explore every possibility for early settlement and will work with you the best we can to achieve results within your financial ability.

What is a Fee Agreement?

A Fee Agreement is a formal, binding contract between a law firm and a client which expresses the parties’ intent and scope of representation.   Generally speaking, the Fee Agreement will provide a detailed description of the services  the firm will provide to the client, the full nature of the scope of the subject matter concerning the new representation, and the agreed upon fee (usually either an hourly rate, or a contingency rate).  Typically, prior to the engagement, the law firm will request that the client review the agreement and then return the executed agreement with a retainer fee before any legal services will be performed.

How long does litigation typically take?

It depends on a multitude of factors involved, including the subject matter of the suit, the number of claims involved, where the lawsuit is filed (federal or state) and the number of parties involved, along with several other factors.

Do I have to show up for every hearing?

No, most hearings are evidentiary, meaning that the Court will not hear testimony or receive evidence, but instead will only listen to the lawyers’ arguments.  If the hearing is evidentiary, e.g., an injuction hearing or the final trial, you will need to attend. If you are the plaintiff bringing the lawsuit, you should consider attending the hearings anyway in order to demonstrate tot eh Court that the case is important to you.

If I pay the Firm a sum of money as an initial retainer, can I get the unused portion of monies back?

Yes, any unused amounts of money that are placed with the Firm during litigation will be returned to the client, in accordance with the Firm’s policies.

Do you have a Results Driven Strategy?

Our lawyers design and execute innovative strategies in close consultation with our clients. Depending on the case, our litigation strategy may involve responding to an opponent’s case through strategic motions, prevailing at trial, or positioning the case for the best possible settlement.   Carrying out cost-effective litigation strategies requires lawyers who are not just book-smart but also strategic-thinkers who exercise top-notch judgment.  All of our partners have significant trial experience, which often allows them to outperform larger groups of lawyers by carefully anticipating and managing every phase of the case.

Is my case a “Bet-the-Company” case?

A lawsuit can be expensive and can devastate a company.  These types of deals require a different type of risk versus reward analysis.  You need proven professionals to handle these types of issues for you. 

How long do I have to file a Breach of Contract case?

In Texas, you have four years from the date of the breach to file your lawsuit.  If you believe you have other claims against the breaching party, you need to consult a lawyer to determine when the claims arose and how long you have to bring a lawsuit arising from that claim.  The statute of limitations may vary in your state. 

I believe that I was fraudulently induced to enter a contract several years ago, but I just found out about it. Do I still have a right to pursue a cause of action against that person?

In Texas, the clock on your claim does not begin to run until you “discover” the fraud. Therefore, even if the fraud occurred more than four years ago, but you recently “discovered” the fraud, the 4 year clock begins when you “discovered” the fraud, which is often referred to as the “discovery rule.”  The discovery rule defers accrual of claim when it applies, triggering the running of the statue of limitations at the point of discovery. As a general rule, a cause of action accrues and the statute of limitations begins to run when facts come into existence that authorizes a party to seek a judicial remedy.

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