Legal: Services & Issues

Bicyclists are often the target of public bias shared by insurance companies, says Plano personal injury lawyer Richard Armstrong. Anti-Bicycle Bias.  Whether the facts support it or not, cyclists are often blamed for accidents that are not their fault. What many Texans don't realize is that Texas law accords cyclists the same rights and responsibilities as automobiles. But the fact that they have the same rights and responsibilities merely increases the burden cyclists bear to educate the public and insurance adjusters about the facts in a given accident, and how the law applies to those facts. Additionally, it is not enough to merely observe the rules of the road. In an age of increasing traffic congestion, especially in major me  [more info...]

Welcome to NetOffer.com Blogs. This is your first post. Edit or delete it, then start blogging!  [more info...]

Traumatic brain injury, says Plano personal injury lawyer Richard Armstrong, is usually an acute event similar to other injuries, but that is where the similarity ends. Common causes of TBI include violence, transportation accidents, construction, and sports. In the United States, about 28% of TBI is attributable to slip and fall accidents, while motor vehicle accidents account for approximately 20%. Being struck by an object causes about 19%, personal violence for 11%, and bicycle accidents not involving motor vehicles for 3%. Bicycles and motorcycles are two major causes of TBI, with the latter increasing in frequency in developing countries. Estimates range between 1.6 and 3.8 million traumatic brain injuries each year that are a  [more info...]

Irving Estate Planning Attorney Answers Frequently Asked Questions About Wills. Can I use a computer or online program to prepare a will? You can but this should be done with extreme caution. If the will does not dispose of all of your property, have appropriate language for an independent administration, or include a self proving affidavit, you could actually increase the cost of probating your estate. Other problems could arise from using a software program as well. If I have a will from another state will that work? Since all wills are based entirely on state law you should have an out of state will reviewed by an attorney. The will may be effective in Texas but not provide for an independent administration or have a  [more info...]

Plano Personal Injury Attorney Richard Armstrong believes it is one of the worst things a person injured by another's negligence can do. A personal injury lawsuit can disrupt the life of even the most stable individual, says Plano lawyer Richard Armstrong. This unsettling aspect of such a unique event in a person's life can cause an individual to make a poor decision. Insurance companies are notorious for attempting to deflect liability and minimize the value of personal injury claims. Not only is the claimant faced with expensive medical bills, but he or she may have to take time off from work, sometimes for weeks or months." Although it may seem tempting to handle your own claim," says Armstrong, I have yet to see it pay off for thecli  [more info...]

DFW Business Attorney James Atwood of The Atwood Law Firm discusses use of LLC's for Asset Protection. Individuals should consider using LLC's to protect their investment and business assets from their personal liabilities. Texas law provides some effective planning opportunities. Under Texas law, if an LLC owner has a judgment rendered against him or her in his or her personal capacity (i.e., not related to the operations of the LLC), the judgment creditor can only obtain a charging order against the owner with respect to his or her membership interest in the LLC. With a charging order, the creditor has only the right to receive any distribution an LLC owner is entitled to receive from the LLC, and the creditor cannot control o  [more info...]

Irving Business Attorney James Atwood discusses business startups. When starting your business, there are many tax and legal issues you should consider on the front end. Proactive legal planning is better than reacting to issues you could have planned for after they arise. Starting your business is no exception to this rule. Discussing all of the legal issues that arise with business start-ups is well beyond the scope of this article, but I would like to briefly cover a couple of the issues. First, if business owners want to take advantage of the liability protections provided by a legal entity (such as an LLC), they must properly form and organize the legal entity. I have represented many business owners who (before I represe  [more info...]

Irving Attorney James Atwood states that the Federal tax treatment of an LLC can significantly impact the Federal taxes paid by its owners. Federal tax law provides many options for the tax treatment of LLC's. An LLC is a legal entity formed under state law. Once formed, owners (also called "members") have many options for how their LLC's are taxed under Federal tax law. What are some of these options? The options include treating an LLC as a: Sole Proprietorship Partnership S Corporation C Corporation Generally, LLC members have the option to choose among the alternatives. In my experience, LLC owners most commonly elect to treat their LLC's as either Sole Proprietorships, Partnerships, or S Corporations.  [more info...]

Irving Attorneyexplains what happens to bank and brokerage accounts after death. Proper planning will make transferring these account a simple process for those left behind. The first step is to determine what type of account you have. You can determine what type of account you have by contacting your bank or reviewing your signature card. Each bank will have specific terms associated with each account type. There are some industry standards but you should contact each financial institution to determine the terms of the accounts you own. Single Party Account If you have a single party account which means only one person is named on the account, then you have two possible outcomes. First, if the account has a pay on death benef  [more info...]

Irving attorney explains why wills are critical for those in a second marriage. The consequences of not having a will are greater when you have more than one family to protect. Betty and George had been happily married for 15 years when he became ill. She stood by him as the illness progressed and eventually claimed his life. They did not have any children together but George had a son and daughter from his first marriage. Betty and her step children were friendly but not close. George died without a will. He and Betty had lived a modest life and he felt there was not enough there to worry about. However, that is not the way things turned out. George's children wanted all the family heirlooms and anything else the law entitled   [more info...]

Plano personal injury attorney Richard Armstrong states that a personal injury claim often stands or falls on whether evidence is available in a timely manner. "You would be amazed at how many folks kick themselves later in their lawyer's office because they didn't take and save a photo when they had the chance, or obtain a witness' contact information," said Armstrong. "Personal injury claims, like any other claim, depend substantially on what your lawyer is given to work with. A lawyer with only average ability can often obtain a good result when the evidence is preserved, while a superb lawyer may have much difficulty getting the same result if evidence is lacking." Mr. Armstrong stresses that the type of evidence will vary. "For exa  [more info...]

Irving Estate Planning Attorney explains how trusts can be an important planning tool for non-traditional families and same sex couples. The use of a revocable trust can be an important estate planning technique for non traditional families and same sex couples. All estate planning should begin with the four key documents but non traditional families and same sex couples need to take that planning a step further. A revocable trust is established during a person's lifetime and the trust document names a trustee and one or more successor trustees to manage the assets that are transferred to the trust. An individual might name themselves as the trustee and their partner as the successor trustee. If both partners contribute assets to t  [more info...]

Irving Attorney discusses estate planning for business owners. Business owners like all individuals should start with the basics. There are four documents that form the cornerstone of all estate planning. They are a will, durable power of attorney, medical power of attorney and directive to physcian (living will). Non-traditional families and same sex couples should consider some additional documents to provide similar coverage available to married couples under the law. Business owners have unique needs beyond that. They need to protect their business also. This may include preparing for a transfer to a known or unknown future owner. It could also provide for the smooth dismantling of the business. Providing for either circum  [more info...]

Plano attorney Richard Armstrong takes issue with those who hold that arbitration is a silver bullet to solve the problem of the delays and costs of litigation. "I have seen too many cases where a contract contained an arbitration clause that was too broad of a brush," says Armstrong, "leaving little or no room for judicial remedies where it would have been especially appropriate. One of the starkest examples is the use of an arbitration clause to cover all remedies, including those which an arbitrator is not empowered by law to give, such as injunctive relief." Armstrong notes that, by entering into such an agreement, a business person may effectively "paint themselves into a corner" by removing all access to the courts in a case where  [more info...]

Irving estate planning attorney discusses the importance of beneficiary designations for non-traditional families and same sex couples. A comprehensive estate plan begins with a will and directives. But it would be incomplete without considering beneficiary designations. This enables every aspect of the plan to work together toward providing for your loved ones. A review of how all assets are titled and current beneficiary designations will ensure your goals are achieved. It is important to review beneficiary designations on life insurance policies. Because insurance proceeds can be considerable, it is critical to ensure that the correct person is designated as the beneficiary and such designation complies with all necessary requi  [more info...]

Irving probate attorney explains probate proceedings. A probate lawyer can help you select the right proceedings for your situation. When a loved one has passed those left behind are often at a loss for how to proceed. What needs to be done? When must it be done? Can I delay the process to allow time to grieve? Following are some general guidelines to help answer these questions for residents of Texas. Since laws vary from state to state and change over time, you will want to consult an attorney to ensure you have information relevant to your situation. There are several questions that must be answered to determine what options exist and what proceeding is required. Is there a will? What type of property is owned? Are t  [more info...]

Irving Estate Planning Attorney Discusses Advanced Planning Documents That Are Critical For Non Traditional Families And Same Sex Couples. Planning for all families begins with the same foundational estate planning steps. However, if you are a non traditional family or in a same sex relationship additional steps are necessary to ensure your loved ones are protected and your wishes followed. If you want your partner, instead of your biological relatives, to make decisions on your behalf additional steps need to be taken. The first step to consider is preparing a document regarding disposition of your remains following death. This is a relatively straightforward document that allows you to specify who should be responsible for maki  [more info...]

Plano lawyer Richard Armstrong, with over 20 years in injury cases, declared this week that swift legal action in the Toyota gas pedal cases is critical. "One class action has already been filed in California, and another in Ohio" stated Armstrong. Others are yet to come. If an individual has been seriously injured, or---God forbid---killed through negligent manufacture or delayed recall, he had better file suit quickly before Toyota is brought to its knees by group claims and government pressure." "We have seen this happen in other types of cases," continued Armstrong, "ranging from Bendectin in the pharmaceuticals field to the class action tobacco suits of the late nineties. The company may either not survive, or be so crippled by   [more info...]

Irving Probate Attorney Explains Property Transfers. What happens next and how to get it done can be a difficult and confusing process. The death of a loved one can bring a great deal of stress and confusion into the survivor's life. What is to be done with the home, furnishings, financial accounts and pets? Who is responsible and how does it get done? When someone dies any property owned must be transferred to a new owner. This transfer takes a variety of forms and which form depends in part on what the deceased owned. Some property can be transferred with beneficiary statements. While others require some legal step for the transfer to be complete. When determining what proceedings are required the first question to ask is "  [more info...]

Welcome to NetOffer.com Blogs. This is your first post. Edit or delete it, then start blogging!  [more info...]

Irving Attorney Provides an Overview of Planning for Non Traditional Families and Same Sex Couples. While the need for proper estate planning is the same for both traditional and non-traditional families, some of the planning techniques used are different. Same sex couples are not treated the same as traditional married couples for many purposes and while these differences in treatment present challenges, they are not insurmountable with proper planning. Same sex couples, just like opposite sex couples, must have the four key documents. The four documents include a will, a medical power of attorney, a durable power of attorney and a living will. These documents are the foundation of any estate plan, whether for traditional or non-  [more info...]

Irving Attorney Defines your estate. What is it and why does it matter? The most basic definition of estate is everything you own. This includes tangible items like a house, car, boat and furnishings. It also includes intangible items like investments, bank accounts, 401K's and IRA's. When defining your estate for planning purposes there are two categories of assets. They are probate and non probate. Probate assets are assets that come under the jurisdiction of the court at the time of your death. Non-probate assets are those that do not come under the jurisdiction of the court. Non probate assets are most commonly created with beneficiary statements. Banks and other financial institutions have patrons complete beneficiary st  [more info...]

"The divorce process," says Plano lawyer Armstrong, "begins when the party seeking relief files a document entitled Original Petition for Divorce." More properly termed a pleading, this document may be anywhere from several pages to thirty or more pages in length, depending on the facts of your particular case and the extent of the relief you are seeking. Unless you choose to represent yourself, you are generally not required to sign the petition. Therefore, it is essential to let your lawyer know if you'd like to review it before filing and delivery to your spouse. Armstrong the Law Firm, as a matter of course allows the client to review the pleading for accuracy before filing. Note that the petition is required by law to contain ce  [more info...]

Irving Attorney Discusses Estate Planning for Pets. What options exist to care for your pet? In some households pets are key members of the family and any estate plan that doesn't address their needs would be found incomplete. An important first step in this process is to discuss your desires with the person you wish to care for your animals after you are gone. There are several questions you should ask yourself and discuss with the potential caregiver. Will you care for my pets? Is there a limit on the number or type of pets you will care for? Can you manage the additional expense of the pet? The simplest solution is to include a bequest in your will. This allows you to leave your pet to another person you know will love  [more info...]

Irving Attorney provides an overview of trusts. What are they and how are they used? A trust is a separate legal entity created for a defined purpose. In estate planning that purpose is often to reduce a taxable estate or to care for loved ones who are unable to manage their finances. Trusts can be a great tool to accomplish your goals. The person who creates the trust is called the grantor or settler. The trust is created as either a revocable or irrevocable trust. If a trust is revocable the grantor can dissolve the trust and take control of the assets held in the trust. If it is irrevocable the grantor cannot dissolve the trust. This is an important distinction for certain types of planning. Trusts can be created during   [more info...]

This month, Plano trade secrets lawyers at Armstrong the Law Firm focus on the unique characteristics of trade secret litigation in Texas. Businesses invest much sweat equity and capital developing confidential information which could, if it fell into the hands of a competitor, inflict substantial damage on them. Therefore, they must develop and implement safeguards which will protect against such a circumstance. This type of confidential information is called a "trade secret." Protecting an enterprise's trade secrets can spawn protracted, expensive litigation when parties contend that trade secrets have been misused. In Texas, the formation and misuse of trade secrets is governed by the common law, which is a body of case law devel  [more info...]

Irving attorney explains the difference between community property and separate property. What is separate property? Separate property is property acquired before marriage. It is also property acquired during marriage by gift, devise, or descent; and recovery for personal injuries by a spouse during marriage except for recovery for loss of earning capacity during marriage. Property received by devise or descent is property received from the estate of a person who has died. For example, if a relative passes away and leaves you money or property it is separate property regardless of your marital status. What is community property? Community property is property acquired by either spouse during marriage with two exceptions. Firs  [more info...]

Irving attorney explains what happens when you die without a will. In a previous article I explored why you need a will but now we will consider the consequences of not having one. As discussed previously a properly drafted will answers four key questions. Who will manage your estate? Where will your property go? Who will care for your dependents? Have your unique needs been met? To help understand the impact of failing to have a will we review these questions looking from the perspective of the Jones family. The Joneses decided the kids were old enough to leave with Grandma while they went away for the weekend. After depositing the kids with Grandma they head out of town for a romantic getaway to celebrate their anniver  [more info...]

Plano Personal injury lawyers know that the most serious and catastrophic accidents often occur while people are involved in transportation-related activities. Although some transportation accidents may subject the wrongdoer to criminal sanctions, injuries suffered in such an accident usually are compensable also through a personal injury civil lawsuit. Most civil suits arising from transportation accidents are based in negligence. This blog provides a brief overview of the laws and issues regarding automobile accidents (equally applicable to commercial trucking accidents.) In later blogs, I will deal with aviation accidents, boating accidents, and of other modes of transportation. Tort litigation involving transportation-related act  [more info...]

Irving business attorney discusses issues to consider when forming a Limited Liability Company (LLC). Selecting your business structure is one of the most important decisions you will make. You should take the time to consider all of your options before selecting a business structure. When you create an LLC you are creating an entity that is completely separate from the owners who are called members. The LLC will continue to exist until dissolved. The LLC combines many of the strengths of both corporations and partnerships. The members have liability protections similar to a corporation. They are shielded from liability for the LLC's debts, obligations and liabilities. However, they have the benefit of partnership type federal tax  [more info...]

Irving Attorney answers frequently asked estate planning questions. If you have questions, leave them as a comment and I will answer them in a future FAQ blog article. What happens if someone dies without a will? When someone dies without a will the courts look to the probate code which are statutes addressing the estate of those who have passed both with and without a will. The state statutes define who will be considered as an executor absent a will. The statutes define who will inherit and include a complex formula for addressing both community and separate property and the complex family structures that may exist. The statutes also address who will become guardians to minor children of the deceased. The court will monitor every   [more info...]

Plano Attorney Richard Armstrong Discusses Civil Litigation Fear The courthouse can be a confusing and intimidating place for a person bringing or defending a civil damages suit, says Plano attorney Richard Armstrong. That is precisely why so many people avoid the courthouse, even when the evidence is on their side and their cause is just, suggests Armstrong. Fortunately, competent law firms using a variety of fee arrangements can remove the mystery and fear associated with the courtroom, as well as level the playing field. Just because a law firm is large doesn't necessarily mean it will win. According to Armstrong, much depends on the experience and commitment level of the attorneys representing the litigant. Some smaller firms bea  [more info...]

Irving attorney describes what can happen to children when parents die without a properly drafted will. Many of us embrace the do it yourself (DIY) lifestyle. Why pay someone to do something you are fully capable of doing yourself? In many cases this is wise money management but it can be a disaster in the making. Consider the plight of Jane's children. Jane received a medical diagnosis that ensured her premature death. She left behind four children (4, 8, 12, 15), a life insurance policy and a modest estate. She desperately wanted to protect her children so she bought a book and prepared a will. The book allowed her to create a legal will with the proper witnesses. She appointed her sister as the executor and left her esta  [more info...]

Plano Wrongful Death Lawyer Richard Armstrong comments: a great many damages sustained by wrongful death victims are intangible. "Many of the things we take for granted in a loved one are difficult or impossible to quantify when they are gone," says Armstrong. "Such things as loss of a mother's gentleness, a father's wisdom, a gifted child's future, or a wife or husband's affection can never be replaced. However, in addition to tangible damages such as past and future loss of income and earning capacity, Texas law recognizes a right to recover for the loss of spousal and parental "consortium." See Reagan v. Vaughn, 804 S.W.2d 463, 466 (Tex. 1990). When a surviving spouse sues for loss of consortium of the deceased spouse, care   [more info...]

Irving business attorney urges small business owners to include planning for the three D's. The three D's are disability, divorce and death. Consider the following situations. You form a partnership with a business colleague. Everything is going well, business is growing and life can't get any better. Then your business partner's husband asks for a divorce. Does your partnership agreement address the issues relating to the divorce of a partner? What if your partner is your spouse and they have asked for a divorce? You are running a successful business as a sole proprietor. Driving home from work you are injured in an automobile accident and will need several weeks to recover. Will your employees be able to continue in your ab  [more info...]

Irving business attorney discusses issues to consider when forming a partnership. Selecting your business structure is one of the most important decisions you will make. You should take the time to consider all of your options before selecting a business structure. There are several types of partnerships available to business owners. A partnership is created anytime two or more people come together to conduct business for profit. Partnerships are governed by partnership agreements and each partner is taxed on his or own share of the income. The partnership agreement controls every aspect of the business according to its terms unless it conflicts with a few statutes that the state requires. One such statute requires all partners ha  [more info...]

Irving business attorney discusses issues to consider when choosing to incorporate. Selecting your business structure is one of the most important decisions you will make. You should take the time to consider all of your options before selecting a business structure. When you create a corporation you are creating an entity that is completely separate from the owners and shareholders. The corporate entity will continue to exist until dissolved. It is this separate entity status that provides the protection to shareholders from corporate debts and liabilities. This liability protection is often the primary reason for selecting incorporation. One of the first decisions to be made is the name of the business. When forming as a corpor  [more info...]

PLANO BUSINESS LITIGATION ATTORNEY RICHARD ARMSTRONG believes the Texas high court properly found no partnership in Deere v. Ingram. On July 3, 2009, over five years after we tried the lawsuit to a Dallas jury, the Supreme Court of Texas affirmed the decision of Dallas County trial court in Ingram v. Deere, ___ S.W.3d___ (Tex. 2009). In that case, the jury stung our client, a licensed behavioral psychologist, with five million dollars in damages which the Plaintiff psychiatrist had argued was his proper share of past and present "partnership" earnings. Essential to his position, of course, was that the jury find a partnership existed in the first place. The jury so found, and thus ensued a battle through the app  [more info...]

Irving business attorney provides an overview of the four basic business entities. Understanding the differences between the types of business entities will help you select the best entity for your business. Sole proprietor is the easiest business to start. This requires nothing but that you begin providing a product or service and you must file an assumed name certificate in the county where you will be working. While this is the easiest form it has no liability protection at all. Partnership is a business structure that includes two or more people. If no formation papers are filed with the secretary of state what is created is a general partnership. A general partnership is the default business structure of two or more people p  [more info...]

Plano wrongful death lawyer Richard L. Armstrong believes one of the worst things a wrongful death victim's family can do is to put off visiting an attorney. "Even if you end up not pursuing your claim," states Armstrong, "you owe it to yourself to keep your options open as long as possible." In Texas, the statute of limitations, or time limit within which a wrongful death lawsuit must be filed, is two years from the date the claim accrued. A few notable exceptions exist, however, to this general rule. The most common one is the rule "tolling", i.e., extending, the statute of limitations applicable to minors claimants. Because a minor is considered to be under a legal disability and therefore incompetent, the statute of limitations on  [more info...]

Irving Attorney explains living wills. How does a living will differ from other estate documents and why do you need one? Directive to Physicians is the legal name for the document known as a living will. This legal name is appropriate because the purpose of a living will is to provide direction to medical professionals and loved ones on the type of care you wish at the end of your life. A list of specific procedures that should or should not be performed can be included. A person can be named to make decisions for you if you are unable to make decisions for yourself. This document works hand in hand with your medical power of attorney. The medical power of attorney is effective until a doctor's decision about your condition trig  [more info...]

Plano Business Litigation Attorney Richard Armstrong poses the question, "Is arbitration always the best dispute-solving mechanism for business?" One of the common advantages touted for arbitration over litigation is that it reduces the cost of resolving a dispute. The absence of a jury and the finality of the decision, which has no right of appeal should, at least in theory, streamline the case. Other commonly mentioned advantages include speed, confidentiality (no court reporters or news media), procedural informality, and less likelihood of outrageous results. But to the business person considering inserting arbitration clause in his or her contracts, Armstrong points out that the cost is often the chief consideration. Therefore, it is   [more info...]

Irving Attorney details the four documents every estate plan needs. The four documents that create the foundation of a good estate plan are a will, medical power of attorney, durable (financial) power of attorney and a living will. Each of these documents provides protection for specific issues associated with death or incapacity. A will details your wishes after you pass away. A will allows for a smooth transition for the loved ones you leave behind. It will designate someone to take control of your estate, care for your dependents, distribute your property and make the transition as painless for your loved ones as possible. A medical power of attorney appoints a person to make medical decisions if you are unable. A medical po  [more info...]

Irving Attorney explains the different types of Power of Attorney. The two types of power of attorney are medical and durable. A medical power of attorney addresses who should make medical decisions if you are unable to make them for yourself. A durable power of attorney addresses financial decisions. Either power of attorney can be customized to fit the needs of your situation. A medical power of attorney allows any adult to specify who should or should not be allowed to make medical decisions for them if they are incapacitated. A medical power of attorney can also include a list of specific procedures you do or do not want allowed. A properly drafted medical power will also include Health Insurance Portability and Accountab  [more info...]

Plano attorney Richard Armstrong has seen many employee lawsuits that could have been avoided by the use of some simple preventative measures. Says Armstrong, "A popular topic at employment law seminars is how to defend a client who has been sued. What often isn't covered is how to discourage employee lawsuits in the first place." Few things make a business owner's blood run cold faster than the thought of a former or existing employee filing a complaint with a government agency or bringing a lawsuit. Weathering such investigations or defending such actions are time-consuming, costly, and detrimental to morale. The employer's objective should be to so construct and administer his business that an opposing lawyer or government agency   [more info...]

Irving Attorney explains the executor's role in a probate proceeding and factors to consider when selecting an executor. The executor's role is to ensure that the terms of a persons will are followed or if no will exists to ensure the estate is transferred in compliance with state law. There are several steps in this process. Identify the assets. Collect or otherwise take control of the assets. Identify the debts. Pay debts. Distribute any remaining assets. Identifying the assets is essentially determining what is owned and making a list of those items. This will include property, personal possessions, cars, investments and cash. Identifying the assets will also require a general determination of value. For example,   [more info...]

Plano Wrongful Death Lawyer Richard Armstrong knows that the last thing grieving survivors of wrongful death need is confusion. What Is Wrongful Death Recovery? Wrongful death is a statutory means of recovery for the benefit of those who survive the death of a loved one. It is not a creature of common law (case law), but rather of the Texas legislature, who created it to allow a surviving spouse, children, or parents of the deceased to recover for tort liability. Negligence by the defendant often furnishes the basis for liability, but wrongful death may also be based on products liability, "strict" liability, or misconduct by the defendant. Chapter 71 of the Civil Practice and Remedies Code, codifying law now almost 150 years old, pro  [more info...]

Irving Attorney explains why you need a will. No one likes to think about their own death which makes it hard to prepare for this inevitable occurrence. Having a will provides a guide for those you leave behind and helps ensure they will be protected. Furthermore, if you don't have a will the state has one for you and it may not fit your needs. A properly drafted will provides peace of mind for those you leave behind. A good will answers four questions. Who will manage your estate? Where will your property go? Who will care for your dependents? Have your unique needs been met? The person who manages your estate is called the executor. The executor is responsible for gathering all of your property and identifying your   [more info...]

Irving Attorney Debbie J. Cunningham recommends that all college students, and their parents, have a power of attorney on file. As parents begin to prepare their high school graduates to leave for college the to do list can get quite lengthy. One item that should be near the top is getting a medical power of attorney. This is necessary because your child is now or likely soon will be eighteen and a legal adult. This newly acquired adult status is often overlooked and comes with many new rights and responsibilities. For example, your child is now entitled to medical privacy as a result of the Health Insurance Portability and Accountability Act (HIPAA). HIPAA prevents medical providers from giving medical information to anyone without  [more info...]

Collin County personal injury attorney Richard Armstrong blames "tort reform" for lack of success of legitimate injury claims. Said Armstrong, "The tort reform movement, well financed by liability insurance companies, has torpedoed many a legitimate injury claim, forcing seriously injured claimants to accept absurdly low settlement offers, rather than to through a protracted, stress-producing jury trial." "The sad part is that it was so unnecessary," said Armstrong. " Jury verdicts were already trending down on their own, and so-called 'frivolous suits' were extremely rare." According to Armstrong, It makes no sense for a lawyer working on a contingent fee to take a groundless case,and work himself to the bone, only to wind up with a goo  [more info...]

In our last blog post on April 6th, Plano Attorney Richard Armstrong opined about non-compete covenants and misappropriation of trade secrets generally. Little did he know, however, that less than two weeks from that blog, the Texas Supreme Court would hand down yet another in a line of decisions strengthening the hand of employers with covenants not to compete. Sure enough, on April 17th, 2009 the Court issued its opinion in MANN FRANKFORT STEIN & LIPP ADVISORS, INC., et.al. v. Fielding. Why is this case important, you ask? Because the case has very practical implications for employers within the State of Texas. Essentially, the Court held that an employer doesn't have to expressly promise to provide confidential information to its empl  [more info...]

Armstrong the Law Firm is a Plano, Texas firm that assists people whose businesses are the victims of trade secret theft or breach of a non-compete covenant. "Illegal or unfair competition can take many forms," says Plano Attorney Armstrong. Our firm majors in obtaining damage awards for companies who have been victimized by tortious interference with contract, tortious interference with business relations, predatory business practices, and unfair competition generally. Often, injunctive relief is necessary to stop irreparable damage to a business which is ongoing. Injunctive relief is often referred to as a "cease and desist" order by laymen. It is particularly fitting in cases where some form of trade secret theft is going on by a f  [more info...]

Plano personal injury attorney Richard Armstrong says that a negligent hiring theory of recovery can result in high personal injury awards for plaintiffs. It isn't by accident, says Armstrong, that businesses, non-profits and governmental institutions routinely require criminal background checks these days. It is the first, but only the first. step in reducing claims for negligent hiring, like those handled by the Plano personal injury law firm known as Armstrong the Law Firm. If a business hires someone, for example, who has a strong possibility of coming into regular contact with children, it is just plain foolish not to perform a rigorous background check on the prospective employee, then act on the information obtained. "A case in  [more info...]

Plano Business Attorney Richard Armstrong addresses the components of a contract to assist the business owner in recognizing one. Read on... At its essence, a contract is a legally binding agreement between parties to do or refrain from doing something. Businesses enter into contracts for many reasons, including purchasing supplies, insuring employers or entering into buy-sell agreements. Accordingly, a businessperson should have a good understanding of contract law to succeed in business. As an initial matter, there are several factors to consider to determine whether a contract has been made. Once a contract has been created, it must be determined if there are any issues that call into question its validity. Lastly, if there has been a  [more info...]

Plano divorce lawyer Richard L. Armstrong, like many Texas family law attorneys, encounters certain client questions repeatedly in his practice. This is the first in a series of posts that will attempt to address the most common ones. 1. How likely is it I will gain custody of my children? Each case is different, depending heavily on its facts. However, there is a strong preference for Joint Managing Conservatorship ("joint custody") in Texas. Unless one parent was totally uninvolved with the children duringoint custody marriage, that preference will necessarily influence the custody decisions in the case. However, joint custody is not a panacea, and all options should be carefully considered by the parents before making a decision  [more info...]

Clients often want to know whether a personal injury settlement is community property in a Texas divorce. Plano Divorce Lawyer Richard Armstrong states "It depends.." Generally speaking, any property in the marital estate which was not owned prior to the marriage, inherited or received as a gift is presumed to be community property. Like inherited property, personal injury recoveries, including settlements, can be separate property. We say "can be", because moneys which are earmarked for reimbursement of medical expenses, burial or funeral costs, pain and suffering, mental anguish and the like are all referable to the injured person. Those would be therefore be considered separate property. However, be careful that you don't overlook m  [more info...]

Plano Divorce Lawyers and Family Attorneys in Armstrong the Law Firm advocate using mediation as a communication and settlement tool before, during, and after a divorce. Mediation is an Alternative Dispute Resolution ("ADR") procedure which takes the form of a non-binding settlement conference between two individuals with adverse interests and a professional facilitator known as a mediator. "Family mediation" means the mediation of disputes in actions for divorce, annulment, establishment of paternity, child custody or visitation, or child or spousal support. Mediation programs can be extremely helpful to people who are in the midst of a divorce, as well as to those who have long been divorced but who find themselves in a dispute  [more info...]

Plano Litigation Attorney Richard L Armstrong of Armstrong the Law Firm discusses how to inexpensively limit your liability by the use of contract provisions. I would never dream of taking away from my colleagues' insurance business. Insurance is certainly necessary to some extent. And, after all, insurance is what built America...at least the visible part comprised of the sky lines of our large cities. But let me pose a provocative question: "Isn't the best insurance that which deters a claim to begin with?" The cheapest insurance, it seems to me, is one that never has to be used (meaning claims are low). In that spirit, isn't it just possible that a properly drafted contract for products or services can deter a suit-prone would-be clai  [more info...]

Plano Attorney in Armstrong The Law Firm practices heavily in the area of non-competition agreements, also called "non-compete agreements". A SPECIAL REPORT BY RICHARD L. ARMSTRONG, ESQ. Many of our business clients have from time to time asked us to discuss an item which frequently comes up in their dealings with employees, former employees, and competitors: non-competition agreements. What is a non-competition agreement? As the name implies, an agreement which suppresses competition, usually from former employees or officers of a company. However, it can be an agreement between two ongoing businesses. Following are some of the questions which seem to come up over and over again with regard to these sometimes pesky little covenants.  [more info...]

Plano Personal Injury Attorney Richard L. Armstrong, Esq. explains why a "Stitch in Time Saves Nine" When You're in an Accident A SPECIAL REPORT BY RICHARD L. ARMSTRONG, ESQ. Almost every day I talk to someone who has been in a motor vehicle or other accident and tried to handle their own case without the benefit of counsel. They spend an hour or so in my office and want to know if I can handle their case, and get a big settlement for them. Sadly, about eighty per cent of the time, the client has made such significant errors that the case is not salvageable by anyone. The other twenty percent of the time, I can do the client some good, but on a far smaller scale than I could have done had they come to me in the first place. The "Bo  [more info...]