Robert S. Bennett's Answers

Robert S. Bennett
Houston Lawsuit / Dispute Attorney.
Contributor Level 9

1

Attorney answers:

  1. Robert S. Bennett

Seeking pro bono or low cost attorney in TX for divorce matter

Asked by a user in Mineola, TX - almost 4 years ago.

At each Law School in the State of Texas there are legal clinics that may be able to assist you with a low cost or free divorce. You will need to call the law school and ask about the clinic and ask if the clinic handles divorces. Some do and some do not. In Houston, you can also call the Houston Lawyer Referral Service which is a non-profit organization that provides referrals for attorneys who among other things will do divorces for a reasonable fee. If you are close to Austin, you can call...

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2

Attorney answers:

  1. Robert S. Bennett
  2. Melissa A Juarez

How can I report a lawyers misconduct? What is the best way to expose bad practices? I live in Tx. I would appreciate any info!

Asked by a user in Texas - about 3 years ago.

in responding to your hypothetical question and as an exercise in legal education, please follow these suggestions. If there is any interest in trying to resolve the problem with the attorney, contact the State Bar of Texas Client Attorney Assistance Program ( CAAP). This office will communicate with the Texas Attorney in question and request an explanation as to what happened. If the CAAP Office is unable to resolve the conflict, you will be referred to the State Bar of Texas Office of Chief...

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4

Attorney answers:

  1. Robert S. Bennett
  2. Cynthia Russell Henley
  3. William J. Dyer

Do I have to keep a bad lawyer for an expunction hearing?

Asked by a user in Houston, TX - about 1 year ago.

Texas Disciplinary Rule 1.15 DECLINING OR TERMINATING REPRESENTATION requires an attorney to withdraw from a case, (part 3), if the "lawyer is discharged". You should bring with you a document or letter that shows you have given notice to the attorney that he has been discharged - that you have fired him. You will need to ask the Court to honor your request, and I believe the Court will do so. Beyond that, he is an officer of the Court, so he can " show up" and be present inside the bar. He...

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2

Attorney answers:

  1. Robert S. Bennett
  2. Jonathan H Levy

Is it ethical for an attorney to take a case where a summary judgment has been entered by a judge who was his former law partner

Asked by a user in Mckinney, TX - about 3 years ago.

As a hypothetical question and as a legal education exercise, I do not believe the OCDC would recommend an investigation to be opened based on these facts. You would almost have to have a document or a statement that the ex-partner was filing the case in the court because he used to be a law partner with the judge. Very difficult to come across that type of evidence and the simple appearance of trying to get an advantage on the part of the attorney does not rise to the level of a grievance....

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2

Attorney answers:

  1. Cynthia Russell Henley
  2. Robert S. Bennett

If you tell a lawyer or his secretary your case and you do not hire them can they disclose what you told them

Asked by a user in Dallas, TX - 11 months ago.

The case law and Texas Rules and ABA recommended rules view the attorney-client relationship from the viewpoint of the client or prospective client. Is it reasonable to believe that you thought you were seeking legal advice from an attorney or that you thought that an attorney-client relationship existed? The problem with your question is that you pose an alternative in your question. If you call up an attorney and his secretary comes on the line and you tell this person that you had...

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1

Attorney answers:

  1. Robert S. Bennett

Do we need a malpractice attorney? or just a refund?

Asked by a user in Bedford, TX - over 1 year ago.

The followiing answer is posted as a public service to help inform the public about the Texas Legal System. As an officer of the Court, all attorneys have a duty to perform public service, pro bono work,and help improve the Texas Legal System. From an academic point-of-view, and not to provide you legal advice on this particular fact scenario, your facts do not provide whether or not you received your discharge from your Chapter 7. Let's assume that you did get your discharge and your only...

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1

Attorney answers:

  1. Robert S. Bennett

Lawyer charging for thoughts?

Asked by a user in Houston, TX - over 2 years ago.

The purpose of this notice is not to give you legal advice but to state general principles of law that may or may not apply to your situation. Generally, an attorneys fees must be fair and reasonable but if they are not, the Office of Chief Disciplinary Counsel will investigate complaints of over charging. We have been involved in several cases where the amount of the fees paid to an attorney has been questioned. If there is a breach of fiduciary duty, all payments to the attorney can be...

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1

Attorney answers:

  1. Robert S. Bennett

Is it malpractice if my lawyer meets with the D.A. after I repeatedly ask for a letter of withdrawal?

Asked by a user in The Woodlands, TX - almost 3 years ago.

The following information constitutes public education regarding public information and does not constitute the formation of an attorney client relationship. You have not disclosed what the fee is or the details of the contract you signed. Thus a final opinion can not be formed given the limited nature of the question and lack of information. Nevertheless, if the fee paid so far is reasonable and if the "deal" arranged by the Attorney is accpetable, you would probably owe him a reasonable fee....

1 person marked this answer as helpful

2

Attorney answers:

  1. Robert S. Bennett
  2. Jonathan H Levy

How does one determine if an attorney/firm is a reputable/effective one in Dallas area?

Asked by a user in Dallas, TX - almost 3 years ago.

This answer is provided as a public service and disclaims any attempt to establish an attorney-client relationship. It is good for anyone one to know what is the best way to go about trying to find an attorney for any case and there are several avenues to pursue.There are several ways of trying to get a recommendation for an attorney for your daughter who has a DWI case in Dallas. I would start with names in Dallas of attorneys who do criminal law. I would also check other sites such as avvo....

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1

Attorney answers:

  1. Robert S. Bennett

What do I do if a lawyer did not do their job while representing me in a divorce and I have paperwork to prove that?

Asked by a user in Pineland, TX - almost 3 years ago.

Your queston raised issues involving ethical and professional violations that may or may not be actionable. You should first pose these questions to your attorney in written form and ask for her response in writing too. If she refuses to respond, you may contact the State Bar of Texas Attorney Client Assistance Program in Austin, Texas (1-800-204-2222. Ext.1780) and ask for help in contacting your former attorney. This agency will also assist you in making the detemination if a grievance should...

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