Timothy Dennis Riley's Answers

I recently filed a complaint with the State Bar because I believe my attorney has handled my case unethically.

In a lawyer's motion to withdraw hearing in Texas, generally the judge will want to know the reason for withdrawal, whether the client has approved, and whether a new attorney is ready to step in to represent the client. Provided there is no imminent trial setting, most judges in Texas are fairly liberal in allowing withdrawal of legal counsel, even if it means the client will be pro se (without counsel). Many counties have local rules that address what must accompany a motion to withdraw....

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How to respond to DWOP?

You need to file a Motion to Retain the case on the court's trial docket, pursuant to Texas Rule of Civil Procedure 165A. In the motion, you need to provide "good cause" why the case should not be dismissed. Generally, that means you need to state why you have delayed in obtaining service of process or pursuing the case, what you have done to date, what you intend to do and when, and generally why your case is meritorious. Show up at the hearing and argue for the case to be retained.

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Can family sue doctor and/or hospital for prescribing meds that caused cardiac arrest and coma?

There is probably a good claim against the prescribing physician, perhaps the pharmacy as well. However, a lawyer will need to have the records to evaluate the case. I suggest you obtain the medical records from the doctor and the hospital and consult a competent medical malpractice attorney. On the hospital records, there is a statute in Texas that allows a patient or qualified patient representative to obtain records electronically for only $75, if the hospital is capable of furnishing...