Chad William Koplien's Answers

How can I subpoena text messages from a cellphone

Generally, in order to obtain subpoena power, you would need to file a lawsuit and have your attorney draft a subpoena to the cellphone provider. Since your question sounds like it is a family law situation, you would most likely need to file a divorce petition. Alternatively, you could hire a PI who, operating under the laws of the State of Texas, could obtain information pertaining to the texting. Here are a couple of links: http://forum.freeadvice.com/arrests-searches-warrants-...

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Chances of winning a premises liability slip and fall lawsuit in state of Texas

Also, as a rule of thumb and many lawyers will cringe when they read this -- but I believe it -- is that a measure of the value of your personal injury claim is three times your medical bills (3Xbills rule). Items that add value from the 3Xbills rule are: (1) a qaunitfiable permanency report from your doctor establishing the percentage of permanent disability and forecasted cost of future medical expenses, pain and suffering; and (2) undsiputable liability without consideration of...

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Partition action - how does that work?

You simply file a lawsuit in circuit court alleging a claim for partition, which asks the judge to either force the other side to sell its portion of the property. The judge may consider facts such as which party invested more into the purchase price or improvements in divvying it up. There is always a risk when filing suit that you could get an unexpected result, however, I suggest your discuss this with a real estate lawyer in the county where the property is located to assess your options...

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Under Wisconsin criminal code can a person be charged with felony assault if no one was injured

Do you mean battery instead of assault? Here is the statute on battery and you can see that it is still felony charge if the conduct did not result in actual harm if it in fact created the risk of substantial harm to the victim: 940.19 Battery; substantial battery; aggravated battery. (1) Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor. (2)...

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Can a collection attorney still demand monthly payments after a lien is put on my home

If a lien is filed, depending on the type of lien (e.g., construction, mortgage, judgment, mechanic's) all it is, is a sign to anyone who is interested in buying the home, that the lien claimant will have the right to get paid before the seller does to the extent the lien is valid. The short answer is yes, the lawyer can still seek payments from you, even though the lien is filed; however, the value of the lien should decrease with each payment made by you. To the extent that there is a lien...

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My question is what are my options? Will the move negatively affect my custody case?

While it has been a while since I have practiced in family law, the general standard in Wisconsin for modifying a placement/custody order is as follows: "To modify a child’s placement, the moving party must establish (1) “the modification is in the best interest of the child;” and (2) “there has been a substantial change in circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement.” WIS. STAT. § 767.325(1)(b)"...

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Under Wisconsin criminal code can a person be charged with felony assault if no one was injured

Here is a link to the criminal code regarding violence to the person: www.legis.state.wi.us/Statutes/Stat0940.pdf

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Under CA family law what can I do about my law firm sending different attorneys to my family law hearings

What you need to do is the following: (1) contact a reputable family law lawyer in your area (I was stationed at Victorville while in the USAF so I know of San Bernadino; (2) ask for an opinion as to whether the law firm's conduct constituted malpractice; and (3) whether the malpractice resulted in measurable damages to you. One website summarizes the elements of legal malpractice in California as follows: "THE well-known elements of a cause of action for legal malpractice are: (1) the...

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Chances of winning a premises liability slip and fall lawsuit in state of Texas

Slip and fall cases are very difficult to win. In my experience, jurors disfavor these types of cases, and defense lawyers are very adept at convincing jurors that the plaintiff "should have been more careful." Personal responsibility is a big theme. In your case, it appears that you have substantial damages with surgery, and if there is an identifiable code violation, that will help the merits of your case. Sometimes the violation of a code can create what is known as "negligence per se."...

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I purchased a car while living with G/F. She took title and registered it in her name before I had titled it to me. What do I do

You can sue her in civil court or small court depending on the value of the vehicle (small claims would be the appropriate venue if its value is $5000 or less). Your claims could include breach of contract, fraud, conversion or reformation of title. I recommend that you retain a lawyer in your county to assist you if the value is in excess of $5000, otherwise you should be able to file small claims on your own. I have written legal guides that can assist you in that process which are available...

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