Marijuana has an unusual place in the law and in our opinions about parents. Here in Texas possession of small amounts of Marijuana is a Class B Misdemeanor like Driving While Intoxicated. While in other states like Colorado or Washington, possession of what would be felony amounts of Marijuana products here is totally legal. This differing treatment of the same substance leads to a great deal of confusion over the effect of marijuana on a family law case. Perhaps surprisingly in this age of relaxing drug prohibition, the Texas Department of Family Protective Services (CPS) has and will … [Read more...]
Contrasting the Perverse Incentive of Family Law and Collaborative Divorce
The Conflict Incentive There is a dirty secret in some family law cases, one that clients only learn about long after they’ve retained counsel, and sometimes only after they look back at the pain, stress, and expense of their divorce. The secret is that some family lawyers have a perverse incentive. Attorneys bill clients by the hour to solve their problems. That means they get paid more if the clients have more problems. Quite simply, lawyers have an economic incentive to create conflict to bill the file. Sure they have a lawyers’ creed that says they will be reasonable and advocate … [Read more...]
Texas Rising Star Joins Springer and Lyle Law Firm
Denton Attorney Joins Springer & Lyle Law Firm Daniel Abasolo, a Denton attorney, is joining the Springer and Lyle, LLP. Abasolo returns to the firm after spending some time at a larger firm and then operating his own private practice. Abasolo was a member of Springer Lyle in 2012 and rejoins to focus on family law and business transactions. He has focused much of his career on family law, earning recognition as a Rising Star in family law by Super Lawyers Magazine in 2015 and 2016. Mr. Abasolo has also distinguished himself in family law mediation, and has invested over 100 hours … [Read more...]
My ex won’t pay debts from the divorce and now it’s ruining my credit!
I hear this one frequently and there is no simple, satisfying answer. First, some basics: Your creditors were not parties to your divorce action so they cannot be made to follow the final decree of divorce and only look to the spouse ordered to pay the debt. Creditors and debt collectors will generally go after whomever they think might actually pay regardless of what the decree says. When someone is ordered to do something, like pay a debt on another’s behalf, and they fail to do it, the remedy is usually an enforcement action or some sort of seizure of the asset involved. Generally, … [Read more...]
How to Prepare For Divorce and Maybe Save Your Marriage
Clients regularly ask us what they can do to prepare for a divorce before it’s filed. Of course some of that varies by situation and we will be happy to give you advice tailored to your situation, but there are some basic steps most people should take and surprisingly these steps go a long way toward improving marriages. Understand your Financial Situation Often there are big disparities in basic understanding about a couple’s budget, debt, and assets. One spouse may be nearly clueless how much is being saved for retirement, how much debt exists, how much money it takes to run the … [Read more...]
What to Expect in Your Personal Injury Claim
When you have been injured, you want a quick recovery, both medically and financially. No one desires a drawn out legal battle that devours your time and leaves you wondering when you can pay your bills. Even though the process is not always quick, knowing what is going on behind the scenes can make the waiting easier. The attorneys at Springer & Lyle can help you navigate the challenges of the system and ensure it goes as smoothly and quickly as possible. I. Investigation Once you hire counsel, there is a period of time where you will be asked to submit information. Because … [Read more...]
Why are Personal Injury Claims in Texas So Complicated?
There are many reasons why these claims have become so complex in Texas. To start, a medical malpractice case is much different than an 18-wheeler case or one involving a defective product, workers’ compensation, premises liability or, dangerous drugs and animals. Additionally, Texas leads the nation in “tort-reform” legislation which, among other things, has capped damages in certain types of cases. These laws have also put many procedural hurdles in place which makes it more difficult, time consuming and expensive to take a case from start to finish. Texas also places the right … [Read more...]
Comparing Collaborative Divorce to Litigated Divorce
How do you decide whether a collaborative divorce or a full blown litigated divorce, that is to say going to court, is the best option? The following blog originally appeared on the Denton County Collaborative Professionals website. Our goal is to help couples at facing the reality of their marriage ending to understand that there are options for a divorce that go beyond the typical stereotype of a nasty fight. So how do you decide, here are some factors that may help to make the decision about the best route to choose. It is difficult to determine whether … [Read more...]
GM Ignition Switch Linked to Serious Injury and Death
by Jeff Springer and Frank Lyle --- On Feb. 13, 2014, General Motors (GM) recalled over 750,000 Chevrolet Cobalts and Pontiac vehicles to repair an ignition switch that can allow the key to slip from its “run” position when the car hits a bump or, if the keychain is too heavy. The defect can cause an engine shutdown and loss of power steering, brakes, and safety systems, including airbags and anti-lock brakes. On Feb. 25, GM expanded the recall to include hundreds of thousands of additional Chevy, Pontiac, and Saturn cars, bringing the total number of affected vehicles to 1.4 million. … [Read more...]
Victory for Big Pharma: Texas Adopts “Learned Intermediary” Rule
Big Pharma had a major victory on June 8th, when the Texas Supreme Court handed down its ruling in Centocor, Inc. v. Hamilton. The Court held that "When a drug manufacturer properly warns a prescribing physician of the dangerous propensities of its product, the manufacturer is excused from warning each patient who receives the drug. The doctor stands as a learned intermediary between the manufacturer and the ultimate consumer." Further, "A prescription drug manufacturer fulfills its duty to warn end users of its product's risks by providing adequate warnings to the intermediaries who … [Read more...]