The handling of evidence is a sacrosanct thing in the field of law. A case is generally made up of evidence and the narratives put forth by each side based on that evidence with the purpose of showing that their client’s case is the more legitimate side in the matter. Which is to say that where each side in a case is building a metaphorical structure, the evidence at issue within the case is the...
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Our fellow Texas attorneys know well just how much work goes into qualifying for a law license in the state of Texas. And rightly so—the practice of law is laden with responsibilities and with the requirement that attorneys adhere to a high standard of conduct in every aspect of life. An accusation that one has failed to meet this standard of conduct can mean disbarment by the Texas State Bar—and a corresponding loss of livelihood....
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While it is permitted for Texas physicians to both treat and prescribe medicines to their family members, as well as to friends or employees, the Texas Medical Board is likely to look askance in particular situations. One such situation—perhaps the most publicly scrutinized at the moment—is the prescription of controlled substances. The Texas Medical Board has established rules governing the prescription of controlled substances to family members and others close to a physician in Chapter...
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When an attorney is hired on retainer, they are supposed to put the money paid by the client up front into a trust account—often an Interest on Lawyers Trusts Account (IOLTA) that pays interest on the funds into legal aid organizations such as the Texas Access to Justice Foundation. The attorneys may then pay themselves out of the account based on hours worked. But sometimes attorneys are unaware of just how careful they need to...
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An increase in the number of citations for driving while intoxicated was a standard fare during the holiday season, wherever one lives—Texas included. It’s easy—all too easy—to get swept up in the festive spirit of holiday parties and make the unfortunate choice to get behind the wheel when one’s blood-alcohol content is above the legal limit. For non-commercial drivers, that limit is .08 percent—which generally equates to two or three drinks per hour. And, while...
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When a complaint is made against a professional’s license, it can be a natural form of response to “bury one’s head in the sand,” so to speak. This manifests in various avoidant behaviors, perhaps the most common of which is missing a response deadline set by the agency board to which a licensee is subject, out of an unwillingness to think about the whole thing. But this is a terrible mistake for a licensee to...
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A great number of license complaints are subject to Administrative Hearings before the Texas State Office of Administrative Hearings (SOHA)— often referred to as SOHA hearings. These are forums for the presentation of the cases and evidence on the part of both the licensee and the licensing board before an Administrative Law Judge. At these hearings, both sides may also question witnesses before the Judge, who makes findings of fact and conclusions of law. But...
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False allegations of improper relationships between teachers and students may be somewhat rare—but they do happen. These falsehoods can spring from any number of various misinterpretations of events, or from (in an even rarer event) maliciousness—an attempt to turn the tables on the inherent power hierarchy between teacher and student. But whatever the reason such an allegation has come up, parents are naturally likely to side with their children. (Really, what sort of people would...
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Let’s face it—online portals made for the filing of complaints against professional licenses have made it far too easy for people in the throes of negative emotions to endanger the livelihoods of professionals. A good proportion of the complaints made against professional licenses every year are made out of pique, totally unfounded. Even the agency boards that investigate them know this. That’s why so many complaints are dismissed out of hand before even reaching the...
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In the course of a complex building or retrofit project, Texas electricians at times find themselves having to hire a subcontractor in order to complete all the work that must be done. Every good electrician knows how important their skills and work product are to the proper, safe functioning of a home, high-rise, or commercial building. And they are also aware of just how important it is that the systems they install be carefully inspected...
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