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Don Karotkin

Don Karotkin’s Answers

1,549 total


  • How can a judge award attorney fees to the defendant when the judge dismissed claim?

    I filed a sm. claims action in TX. The court date was changed and I didn't get the notification of the new date due to being out of town for a family emergency.The defendant had filed a counter claim. The defendants attorney appeared but I didn't....

    Don’s Answer

    I see only two realistic options here: 1) pay the judgment; or 2) appeal the judgment to county court at law. For option number two to do you any good, however, you will have to hire a lawyer. Perfecting and prosecuting the appeal is not a DIY project for a non-lawyer. Act quickly. There are close and strict time deadlines that apply here.

    Good luck.

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  • Can an attorney claim to represent you for a case when you did not hire her and you hired your own attorney?

    I hired my own attorney 3 hours after making bail. In jail I had a court appointed attorney. This attorney (Goodman) solicited me in jail and I told her under no circumstances would I EVER have her represent me. She had no knowledge of specifics ...

    Don’s Answer

    You are at liberty to file a complaint against the lawyer. A link to the website of the State Bar of Texas appears below. There you will find all of the information and forms you need in order to make a complaint. Please take note, however, that SBOT cannot award you any money. If getting your money back is your primary objective, you should consult a lawyer about suing the lawyer.

    Good luck.

    http://www.texasbar.com/

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  • Daddy's attorney said to me, "If he has to submit an itemized bill, then his bill will be a hell of a lot more money.

    My father is in assisted living. I'm his daughter with POA. For 15 years, back in the 90's, I worked for three different attorneys; bankruptcy, litigation & insurance defense. Each of these attorneys, that I worked for, impressed on me that itemiz...

    Don’s Answer

    Declining to submit itemized bills does not violate any disciplinary rule. The lawyer's statement does not violate any rule either. Those things said, I think you should hire your daddy a new lawyer who is used to preparing itemized bills and doesn't object to doing it.

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  • The attorney representing me withdrew after the trial ended but at the same time he filed a motion for a new trial.

    He claims he fulfilled his obligation under our contract to sue the defendant. The hearing on his motion is not scheduled but he does not intend to appear. Is this attorney obligated to continue representing me?

    Don’s Answer

    It depends primarily on the terms of the contract you entered into with the lawyer when you hired him. I suggest that you read the contract carefully and go from there. In the meantime, you would be well advised to hire a new lawyer right away. Even if the lawyer is in the wrong here, no one can force him to represent you and you clearly need representation right now.

    Good luck.

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  • Is it a conflict of interest for a lawyer family member to represent a board of director on which their family member is part of

    This person on the condo board of directors asked her/his family member to represent the board (without consulting other board members) and is lying to this person. The lawyer is contacting the attorney that the homeowners have hired and lying to...

    Don’s Answer

    The facts you state do not reveal a conflict of interests. However, lying is prohibited by the disciplinary rules. If you really believe that the lawyer is lying, as opposed to making statements which he believes, but which are not true, your remedy is to file a complaint against the lawyer with the State Bar of Texas. Instructions and forms for this appear on the SBOT website. Follow the link below if you are interested in pursuing this.

    http://www.texasbar.com/

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  • How do I file a contempt if court if I'm pro Se

    Need to file a contempt of court but can't find the paper work on where to file or where to fill out forms

    Don’s Answer

    The short answer is: You don't. The reason is that you do not know how to draft the motion and you don't know how to prove what you would have to prove in order to get the judge to grant it. Therefore, your effort would be doomed to failure. Please do yourself a favor and either hire a lawyer or forget about this.

    Good luck.

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  • Can an attorney have an affair with a client?

    Friend has hired an attorney to handle her divorce.I believe he's unmarried. But now they are sleeping together. She says they r not...but he is cooking for her and at her house until morning.

    Don’s Answer

    Generally speaking, yes, but not everything a lawyer can do is wise. For a lawyer to have sex with an existing client is generally very unwise. It can and does result in complaints to the bar and civil litigation against the lawyer. Accordingly, I advise my lawyer clients to avoid it like the plague.

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  • What attorney would dispute a Medical Examiner ruling? Medical Malpractice?

    The M.E. that ruled my son's death a Suicide, had no basis, I.e, no crime scene photos nor officers' statements, etc, to make this ruling. He told me that he had initially ruled Undetermined until receiving a report from the detective, causing him...

    Don’s Answer

    I am sorry for your loss.

    It depends on your objective. If you want to challenge the M.E.'s determination because your son had life insurance and the insurer has denied your claim because of the suicide ruling, you need to consult an insurance lawyer. If your objective is something different, I would need to know what it is in order to help you find the right kind of lawyer. In no event, however, do you need a medical malpractice lawyer.

    Good luck.

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  • Is it legal for an emergency room doctor to bill you separately from the emergency room?

    I received stitches in November and am now receiving a bill from the doctor who stitched me up. My insurance paid the hospital, but will not pay the doctor separately. Is it legal for this doctor to be personally billing me separate from the hospi...

    Don’s Answer

    Yes, it is legal. Generally speaking, emergency department doctors are not hospital employees. They are either self-employed or members of a group of doctors who have contracted with the hospital to staff the ED. If you read the documents you received from the ED when you were treated, chances are you will see that they contain an explanation of this relationship and clearly inform you that you will receive a bill for professional services from the doctor, separate and apart from the hospital bill.

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