Our Most Frequently Asked Question

A board-certified lawyer has taken several steps to be so recognized by the State Bar of Texas as a specialist in a particular area of practice. The board-certified attorney must have a certain level of years of practice in the area, taken continuing legal education prior to being tested, and been endorsed by attorneys and judges familiar with his or her work. Any applicant for certification must undergo testing administered by the State Bar of Texas. If certified, the attorney's certification is renewed every five years, during which time he or she must maintain a certain level of legal education and proficiency.

Less than 3% of all practicing attorneys have been certified by the Texas Board of Legal Specialization. Less than 1% of attorneys have been certified in more than one field.

Not necessarily. Although it may be more convenient for you hire a Texarkana lawyer to handle a matter pending in Bowie County or an Amarillo lawyer for a matter pending in Potter County, any attorney who holds a license issued by the State Bar of Texas to practice law in the State of Texas my practice in any municipal court, justice court, county court, district court, court of appeals or the Supreme Court of Texas. On some occasions it may be wise to engage local counsel to assist with filings and courthouse contacts, such as coordinators, if the county where the suit is filed is not readily accessible. Engaging a local counsel should not increase the amount you may have to pay your attorney, if you have a contingency arrangement, but it could affect the amount you may have to pay if you elect to pay your counsel on an hourly basis.

There are various ways an attorney can be engaged. A large percentage of attorneys charge an hourly rate for services and may require that a retainer be paid at the time of engagement in order to secure payment for investigative and filing costs. Hourly rates vary from one lawyer to another, and such rates could vary based upon the services sought to be provided.

Some lawyers may be amenable to charge a set fee for services to be provided, such a preparation of a will or handling a short trial. You should make certain that the fee charged either includes or is in addition to court courts and other expenses that might be incurred by the lawyer in the handling of the matter.

Other attorney, particularly civil trial attorneys, may opt to represent you through a contingent fee contract. Such a contract provides the attorney shall be paid his/her fee based upon a stated percentage of the settlement or verdict recovered. If there is no settlement, or the jury does not award damages, the attorney will receive nothing for a fee. No funds are required to be paid by the client, such as court costs, discovery costs, expert witness fees, etc. unless there is a settlement recovery or verdict amount.

An initial contact should be made by the client with the attorney. The client may provide the attorney contact information, name/age/address of the client, a description of the occurrence giving rise to the claim, the type of injuries or damages sustained by the client, and the medical treatment the client has received.

After the initial contact is made, the attorney should arrange for a face-to-face interview with the prospective client. It is important a client meet and be able to speak with the lawyer that will be representing him or her. The client should also be introduced to the attorney’s staff who will be assisting him with the handling/development of the case.

The attorney will then submit notice letter(s) to the responsible parties or their respective insurance representatives or legal counsel. Such letters usually state the attorney is now representing the client’s interest. The attorney will provide a synopsis of the incident giving rise to the claim, the injuries sustained by the client, and the damages incurred by the injured client.

After the notice letter is sent, the attorney will generally submit additional liability evidence to the other party’s insurer or counsel, as well as the client’s relevant medical records and other damage information, such as lost wages.

If the case cannot be settled, suit will be filed in an appropriate jurisdiction, either the county where the incident occurred or where the defendant party lives. Suit might be filed in either state court of federal court, if jurisdiction in the federal court actually exists. The attorney would have to be admitted to the particular district where the federal court is located in order to file an action in said court on behalf of the client.

After suit is filed, the parties commence with discovery, either in written form (interrogatories, requests for production, requests for disclosure, or requests for admission), depositions (oral or by written questions), or the production of records in admissible form.

Following a reasonable period for discovery to occur, the parties to the litigation may consider scheduling a mediated settlement conference, which is conducted by a third-party neutral (usually a lawyer or retired judge) with the parties and their counsel. This process, which is usually required by judges in advance of trial, is a negotiation process where the mediator will try to have the parties agree to a settlement in order to avoid the risk or expense of trial.

If the case cannot be settled at mediation, the parties either negotiate a private settlement with their counsel or announce ready for trial, where a judge or jury will decide liability and damages.

A personal injury trial involves litigation based upon an individual’s injury from automobile accidents, medical professional malpractice, defective products or negligent conduct on the part of another person. Examples of personal injury litigation may involve, but not be limited to, any of the following type cases:

• Serious personal injury 

• Wrongful death

• Commercial truck (18-wheeler) accident

• Watercraft accidents on area lakes and rivers

• Automobile accidents caused by the conduct of an intoxicated or impaired driver or the person or business that served the intoxicated driver when that person was obviously impaired or provided the intoxicated driver with a vehicle 

• Defective premises (“slip-and-fall”) cases

A civil trial is a claim or lawsuit brought to redress a private wrong, such as breach of contract, encroachment or negligence, or to enforce civil remedies such a compensation, damages, or injunctions. The commencement of a civil claim or trial involves a person or an entity (corporation, government), known as the plaintiff, alleging that another person or entity, known as the defendant, has failed to fulfill a legal duty owed to the plaintiff. Civil litigation may involve not only contracts or negligence, but also businesses and business owners, creditors and debtors, fair debt collections, landlord and tenant relationships, and deceptive trade practices.

The Trimble Firm, P.L.L.C., is available to prosecute or defend civil trial matters, including but not limited to, any of the following type cases:

• Breach of contract or fraud - examples of which would be a contractor’s failure to complete repairs or abandonment of a construction project or an individual’s or business’ failure to pay for services rendered.

• Deceptive Trade Practices Act claims – these involve activity by an individual or business that is intended to mislead or lure the public into purchasing a product or service. Some examples of deceptive trade practices are false advertising and odometer tampering.

• Homeowners, property, health, life, disability and accidental death and dismemberment claims against insurance companies - such claims would include windstorm, hail, and hurricane damage.

• Deviation of the natural flow of drainage or storm runoff that results in property damage to downstream property owners

• Damages caused by the creation of a public or private nuisance

• Complex business disputes

Get a FREE consultation. Call us today at 936-539-3457 or come see us today at 209 Simonton St.