Melissa A Juarez's Answers

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!

If you feel you have a legitimate complaint against an attorney in the handling of your case, you should contact your state's Bar. They can direct you to the adminsitrative body that investigates and evaluates complaints against lawyers. In order for a lawyer to be found to have committed misconduct, it must be shown that his or her acts have violated the Rules of Professional Conduct. Charges of misconduct must be supported by the facts. Thus, if you merely did not get along with a...

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My landlord will not clean up the yard. What are my legal right?

The first step you need to take is to put your concerns in writing. Write a letter to your landlord (send it certified mail, return receipt requested) or send the landlord an email, asking him/her to clean up the yard. If you get no response, I would contact your municipality and explain your situation. There may be some public health concerns that the town may need to respond to depending on the level of debris and potential hazardous nature of the trash.

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Real estate taxes and home owners insurance if just renting

If you are renting property with no lease, then you are a tenant at will. This means you may vacate the property and the landlord may also evict you at any time, usually both with 30 days notice. As a renter, you are not responsible for paying real estate taxes and insurance on the property. All you are responsible for would be paying the monthly rent and any other incidentals negotiated in your lease such as utilitites, etc. What the landlord does with your monthly payment is his or her...

This is a question posed to us in our Law Office Management class....

The answer to the question is simple: nothing prevents the disbarred attorney from applying to another state to practice law. Whether or not the other state admits the attorney is another question altogether. The answer will be probably not. Most state bar applications will do a thorough due diligence on the prospective attorney and you can be sure they will ask regarding disbarrment in another jurisdiction.

My Homeowners Association has been charging me a monthly "washing machine fee" of $25 per month

Homeowner's Association fees are tied to the property. In other words, when you bought the unit, you bought subject to the any fees the association had in place. Thus, the only way to change a fee is to amend the association bylaws, and this usually does not happen. My advice to you is to call the association and explain your situation. They may be able to give you a deferral until you find a job. Follow up with your request in writing. Until you receive a response from the association,...

What are my options with my ex-landlords?

My advice to you is to contact an attorney and explain your situation. While the behavior you describe may or may not be actionable, your lawyer can send them a stern letter demanding that they stop harrassing you. Sometimes this is all that is needed to stop their bullish behavior. If not, your lawyer can assess your rights and give you advice on how to proceed.