Skip to main content
Timothy Dennis Riley

Timothy Riley’s Answers

3 total

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

    I have suspected that the attorney and doctors are presenting a fraudulent case, working in their best interest. I was told to give inaccurate information during a deposition, which practically confirmed my suspicion. After I filed the grievance, ...

    Timothy’s Answer

    • Selected as best answer

    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. You should check those local rules as soon as possible, Call the office of the district clerk for that county and they should be able to direct you as to where to locate the local rules.

    You can appear at the hearing if you wish, and most lawyers would recommend you do so. Otherwise, the judge may impose some conditions on your case going forward and you need to be aware of those.

    Your very best option would be to retain competent counsel to substitute in on your behalf and appear at the hearing for you. There is an issue with regard to the attorneys' contingent fee between the two lawyers, which your new lawyer can explain to you.

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

    Mother in law experienced a fall at home which caused broken neck. After being released from hospital, went home and couldn't sleep for several days. Went back to hospital and diagnosed with high level of anxiety. Over the phone, a doctor presc...

    Timothy’s Answer

    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 them electronically. However, many hospitals will resist and try to get the requesting party to pay hundreds to thousands of dollars for printed records, hoping that will discourage inquiries and suits. An experienced medical malpractice lawyer can assist you in obtaining the records if you have trouble doing so.

    See question 
  • How to respond to DWOP?

    I filed a small claims appeal in Texas county court on 9-2-11. Today, 10-8-11 I received a Dismissed for want of prosecution hearing for 10-28-11. Why would the court try to dismiss a case that is less than 60 days old? What do I need to do at ...

    Timothy’s Answer

    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.

    See question