What types of cases does your law firm handle?

The Powell Firm - Texas Trial Lawyers PLLC practices various areas of law. The primary areas are: criminal; family; real estate; personal injury; business formation; estate planning and litigation.

How much experience do you have?

The Powell Firm - Texas Trial Lawyers PLLC, is led by Attorney and Former Judge, George Powell. Judge Powell has been practicing law for 20 years. He is a graduate of Texas Southern University's Thurgood Marshall School of Law in Houston. Judge Powell is also a graduate of Towson University in Baltimore, Maryland. From Towson University, he holds a B.S. in Mass Communication.

What should I bring to the consultation or first meeting?

Bring any documents or materials associated with your case. Bring your photo identification and the names and phone numbers of anyone who may have information regarding your legal matter. Depending on the type of case you have, you may be instructed to bring specific materials at the time you schedule your consultation.

What is the typical legal process like?

Every case is different and the process may vary depending on the type of case. In criminal cases, the usual process is that a defendant is arrested and pays a bond to be released from custody with the promise to return to court on a specified date. A series of court appearances may be required to allow the defense attorney and the prosecutor to work toward resolution of the case. In litigation cases such as family law or business law, documents are filed initiating a lawsuit. The court establishes a timeline the parties will follow - so that information may be exchanged by the parties by certain deadlines and the parties will have notice of when they are due to appear in court. In personal injury cases, a law-suit may or may not be filed immediately - and may not even be filed at all. Our office typically works to settle the case with the opponent or their insurance company. If the parties cannot come to an agreed settlement amount, we typically file a law-suit. From there, the case would follow the same progression as the litigation cases described above.

How will I be kept informed about my case?

We will keep you informed of significant developments in your case by phone or by email. We also encourage you to contact us with questions and we will promptly reply.

How do you bill for your legal services?

Our office bills on a flat-fee basis. Payment plans are available. There is the possibility that additional fees may apply for travel outside the Houston area (such as Dallas, San Antonio, Austin or out of state). There may also be additional fees for Private Investigators, Process Servers and Experts, as needed. No fee is collected on Personal Injury cases until the case is settled or we win a judgment in court.

Will there be more than one attorney working on my case?

There may be more than one attorney working on your case. However, Attorney and Former Judge, George Powell will always be the lead attorney representing you.

Will I have to go to court?

Whether you will go to court depends on the type of legal issue you are faced with. Criminal law clients frequently attend court - probably once a month. Cases involving litigation, like family law or business law, may require some court attendance but may also be resolved through settlement or mediation - which do not require court attendance.

How long will my case take?

The length of a case, from the initial free consultation through to the resolution of the case by settlement or jury verdict, depends on many variables, so it is not possible to say exactly how long a case may take. Every case is different and the duration of a case is often dictated by the individual court in which the case is filed. There is usually a time period for discovery of evidence by each party that may be a year or longer. Additional to these other factors, courts have a backlog of cases due to COVID. Though some cases do settle before going to court, a settlement might not occur until just before the scheduled trial.

Do all cases go to trial?

No. Many times, for various reasons, including the uncertainty of a jury's trial verdict, trial can be avoided through an agreed-upon settlement; however, with that in mind, The Powell Firm - Texas Trial Lawyers PLLC prepares every case as if it will proceed to trial.

I have more questions. How do I contact your firm?

You can reach The Powell Firm - Texas Trial Lawyers PLLC by calling 281-785-8850 or on the web at TexasMouthpiece.com and fill out the form under the Contact Us link.

What happens when I get arrested?

When you are stopped by the Police, under Texas law you are required to identify yourself - but not much else. The Police may ask you investigative questions but, if you are ultimately arrested, the Police cannot question you further unless you have been read your Miranda Warnings. "Arrested" means that you are "not free to leave", and doesn't always mean you are in the back of the Police car wearing handcuffs. At this point, you need a Lawyer. Advise the Police that you have nothing to say until you've spoken with your Lawyer. Keep our number saved in your cell phone: 281-785-8850 - The Powell Firm - Texas Trial Lawyers PLLC.

When do I get to talk to a lawyer after an arrest?

After an arrest, remember not to talk to anyone about your case except your Lawyer - anyone! You will be processed into jail, brought before a Magistrate and, if you are eligible, bond will be set. The Court may grant you a personal bond, allowing you to be released from jail without payment. If you are not granted a personal bond, you will be granted a surety bond. You should seek a bonding company as your co-signor so that you can be released. Additionally, the Court will determine whether you are indigent and entitled to an appointed Attorney. Once you are released, if you do not have an appointed Attorney, contact The Powell Firm - Texas Trial Lawyers PLLC at 281-785-8850 so that we can schedule your free consultation.

When do I get to see a judge after an arrest?

In Texas, you will be seen by a Magistrate Judge within 48 hours.

How am I officially charged with a crime?

In the case of a felony, you are officially charged by an “Indictment” after a grand jury has found cause to go forward. If you are charged with a misdemeanor, you are charged with an “Information” once the District attorney has accepted and filed the case to proceed.

What’s the difference between a felony and misdemeanor?

A felony is the highest level offense in Texas and ranges from the state jail level to the capital punishment level. The range of punishment varies per offense, but felony range starts at 2 years to life (or death -depending on the offense). A misdemeanor is the mid-level offense. Misdemeanors, generally, have a range of punishment from 6 months to 1 year in the County Jail. There are a few hybrid offenses which do carry differing ranges of punishment. Traffic offenses are the lowest level offenses - because punishment does not include the possibility of incarceration.

What is a bail bond?

A bail bond is an agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. The bail bond is co-signed by a bail bondsman, who charges the defendant a fee in return for guaranteeing the payment. The bail bond is designed to insure that the defendant comes back top court as promised.

What is a summons?

In some instances, you will not be arrested but are in fact charged at a different time. Because you are not arrested, the court has to give you notice that you are in fact being charged with a crime. This notice is called a “Summons”. It lets you know that you have been charged with a crime and that you need to appear in court on a certain date. In some cases, it is a good idea to post a bond so that you are not arrested at a later date.

How is my bond amount determined?

Your bond is determined based on a schedule that the legislature has approved - and based on your previous criminal history, whether you are a flight risk and whether you are considered a danger to the public.

Do I need to disclose a DUI arrest or conviction when I’m applying for a new job in Texas?

You do not need to voluntarily disclose any information that is not requested of you. Should your employer request information regarding prior arrests, and you are not forthcoming, it is likely that you will be terminated if your employer learns that you failed to disclose the requested information. The termination would less likely be because you were arrested - and more likely be because you concealed the information when asked.

Do police have to read me my Miranda Rights during a DUI arrest in Texas?

The police must provide Miranda Warnings before engaging you in "custodial interrogation". If you are not under arrest, investigative questions are generally ok. Once a person is under arrest, they must be made aware that they have a right to an attorney before the police begin asking questions. "In custody" does not always mean that you are in handcuffs in the back of a police car.

Will my past criminal history affect me?

Your previous criminal history is considered by the District Attorney in determining the charge(s) filed against you - and previous history can enhance (worsen) potential punishment. The Court will consider your past history in determining your bail amount.

How much does it cost to defend my case?

Every case is different so it is impossible to give exact figures without a thorough discussion of your case. At your free consultation, The Powell Firm - Texas Trial Lawyers PLLC can learn the details of your case and let you know the cost of representation.

What are the most common reasons why you might need an attorney when you buy or sell a house?

One reason is that you should have your attorney review the offer - because it is a contract. Your lawyer can also draft or review the purchase and sale agreement written by the real estate agent. These documents are legal contracts - contracts for large sums of money. Many details must be evaluated, and an attorney can protect the interests of their client. There are deadlines for inspections, repairs, and various criteria for canceling the transaction. These are issues that need to be understood by the buyer and seller. If they are not understood, trouble is sure to follow. Throughout the transaction, issues and questions come up that need a lawyer's attention. (For example: seller asks buyer if he can rent the house back for two weeks following the sale. Should you answer Yes or No?

If having a lawyer is not legally required for a residential transaction, what is the benefit of hiring one?

At The Powell Firm - Texas Trial Lawyers PLLC, we believe that, in a residential real estate sale, buyer and seller each need a lawyer. Although lawyers are not "required", buyers and sellers need assistance with reviewing various documents associated with the transaction: title search; loan documents; title insurance. A seller in a cash transaction, on the other hand, may believe they do not need a lawyer. However, preparing a deed is legal work and must be done by a lawyer.

When should a prospective home buyer hire a real estate lawyer?

A Buyer should hire a lawyer before making an offer to purchase the home, because that offer is a legal contract. A seller should hire a lawyer before placing the home on the market.

Where can I learn more about community property?

Community property is defined in the Texas Family Code (Sec. 3.002): "Community property consists of the property, other than separate property, acquired by either spouse during marriage." A simple internet search will reveal plenty of information concerning community property.

How much notice does a landlord have to provide a tenant prior to filing an eviction?

That depends on the terms in the lease. The Texas Property Code requires that a tenant under a written lease or oral rental agreement receive a written notice to vacate the premises at least three days before the landlord files the eviction suit—unless the parties agree in a written lease to a different time period. This would be the case if you used the Texas Association of Realtors (TAR) Residential Lease, which requires only one day written notice to vacate prior to the landlord filing the eviction.

The tenant for a property I manage has asked the landlord to replace the carpet in one room because she says it looks worn and needs repair. Does the landlord have to fulfill this request?

The landlord would not be obligated to replace the carpet. Neither the Property Code nor the Texas Association of Realtors Residential Lease would require a landlord to replace or repair something like this - only repairs that impact the functionality or use of the item. Additionally, the TAR Residential Lease states that all decisions regarding repair will be at the landlord’s sole discretion.

Do I have to have a reason for my divorce?

Texas is a “no-fault” state. This means that you do not need to include the reason for filing. The Judge will take into consideration the grounds for divorce and this can have an impact on the division of the marital assets. Therefore, you may want to include your reasoning when you file.

What is an uncontested divorce?

When both parties agree to divorce, it is considered uncontested. This usually accelerates the process and makes the divorce easier. However, it means you have to agree on all of the terms - including the division of assets and custody of any children.

How long does the divorce process take?

No two cases are the same. The time it takes will vary depending on the specifics of your case. If there are no complications and the parties are in agreement, a divorce can be finalized 60 days after the petition is filed. For those with complications or parties who disagree, it can last a year or longer.

How will my property be divided?

Texas is a community property state, meaning that anything acquired during the marriage can be divided. If the parties cannot reach an agreement, a Judge will determine what distribution of the marital assets is fair. This does not mean the property is split 50/50.

What advantage is there to adopting my stepchild after marriage?

Adopting the step-child bestows the same legal rights regarding the child's health and welfare upon the adoptive parent which were previously held only by a biological parent.

Without adoption, the step-parent may not make decisions about the child’s health care, or even have the right to visit the child in the hospital, in the event of injury or illness.

May I adopt my grandchild?

Adoption by an extended family member is common, but only if neither parent retains parental rights. Conservatorship—either temporary or permanent– may be an option if the child’s parent is unable or unwilling to serve in a parental role.

What if I know a pregnant woman who is willing to give up her baby to me for adoption?

Definitely consult an Attorney. There are many laws that apply regarding the health and welfare of the child. For example, you are not allowed to take a child out of the state in which the child is born without first taking care of the legal requirements. Call The Powell Firm - Texas Trial Lawyers PLLC at 281-785-8850.

What is a Guardian?

Guardianship is a legal relationship established by the probate court, for one person (the "Guardian") to care for another person determined to be unable to care for himself due to the effects of aging, disease or injury. This person is known as the "Ward".

What are the different types of Guardianships?

The different types of Guardianships are: Guardianship of the Estate – Which gives the Guardian the authority to make all financial decisions for the Ward; Guardianship of the Person – Which gives the Guardian the authority to make day-to-day decisions of a personal nature - except financial decisions - on behalf of the Ward; Guardianship of Person and Estate (General Guardianship) – Which gives the Guardian the authority to make nearly all decisions for the Ward, and combines the authority of guardianship of person and guardianship of estate.

What is the guardianship process?

A Guardian must be appointed by the Probate Court, after someone has petitioned the Clerk of the Court asking that the person in question be declared incompetent. Once the person is examined by a medical, geriatric or psychiatric expert who can testify to the person’s incapacity, and the Court declares the person incompetent and in need of Guardianship, the Guardian is appointed.

Does it matter how long I wait to file a lawsuit?

Yes. Each state has laws that provide time limits to formally file a lawsuit or claim. These laws, called the "statute of limitations", will prevent even a valid claim from being considered if it is not filed in time. Therefore, it is important to contact The Powell Firm - Texas Trial Lawyers PLLC, or another law firm, as soon as possible after you have been harmed.

How long do I have to file a lawsuit?

There are some intricacies involved in calculating the deadline to file a law-suit. The time period in which a law-suit can be filed is known as the Statute of Limitations. In order to give the best information concerning how the Statute of Limitations affects your case (whether it is too late to sue, to be sued or or to be charged with a crime), it would be advisable to call us to schedule a free consultation. One of the topics discussed in your free consultation will be the Statute of Limitations.

How long do I have to file a personal injury case?

In Texas, generally, a personal injury case must be filed within 2 years of the day of the accident. There are some exceptions to the statute of limitations, but they are very narrow, and not likely to apply to your case - so you should not assume that an exception applies. You should pursue a claim as soon as possible. If you file suit beyond 2 years, it is almost certain that your case will be dismissed and that you will take no recovery.

How much is my claim worth?

When someone is injured or suffers damages or property loss, there is no way to accurately determine the value of the case until all of the circumstances and intricacies have been evaluated. Determination of value is an evolving process that is more and more accurate as the details of your case become known to the attorney. The Powell Firm - Texas Trial Lawyers PLLC is committed to recovering the maximum settlement or award for you.

What do I do after an accident?

If you have been injured in an accident, the most important priority is getting medical attention. Assuming you are not taken to the emergency room immediately, you should use your cell phone to take photos or videos of: the accident scene; the contact or insurance information of other drivers involved; and contact information of any witnesses. Also take pictures of street sighs and any traffic or doorbell cameras in the area. Even if it seems polite - do not admit fault. Do not apologize to anyone involved. Anything that you say at the scene of an accident can be used against you if you pursue a claim or lawsuit later. If you suspect that someone else may have been at fault, you should set up a consultation with an attorney to discuss your options. At The Powell Law Firm - Texas Trial Lawyers PLLC, our initial consultations are free of charge. In personal injury cases, we charge you nothing for our services unless we win you a settlement or recovery.

How do I know if I have a case?

If you suffered injuries in an accident, contact The Powell Firm - Texas Trial Lawyers PLLC at 281-785-8850 to schedule a free consultation. We will be able to tell you whom you can sue and what you can expect to recover, based on the facts of the accident and the law. In most situations, you will have a case if someone acted carelessly under the circumstances and caused your injuries. Evaluating your case, based on this standard, is more complicated than it sounds, which is why it is important to consult an attorney.

How do I pay for a lawyer in a personal injury case?

The Powell Firm - Texas Trial Lawyers PLLC, like many other law firms takes personal injury cases at no charge, collecting a fee as a percentage of any settlement or judgment obtained for you. Thus, if you get nothing from the case, neither does the Attorney. This is known as a contingency fee agreement. The percentage that an Attorney takes from a settlement varies, but it is often around 30-33 percent and the percentage must be agreed upon by you and the Attorney at the beginning of your case. It may be a higher percentage if you go to trial or if you have to appeal an adverse verdict.

What happens if I get into an accident while in an UBER?

The Powell Firm - Texas Trial Lawyers PLLC would pursue whomever is determined to have caused your injuries - whether the Uber driver or the other responsible party (or parties). Uber drivers must maintain automobile insurance in order to drive for Uber. By law, all other drivers are also required to maintain automobile insurance - although some drivers do not always comply with the law and must be sued individually.

Do I need to hire an attorney to form a corporation or LLC?

In Texas, you are not required to hire an Attorney to form a corporation or an Limited Liability Company. However, at The Powell Firm - Texas Trial Lawyers PLLC we strongly recommend that you do. Business Formation is one of our areas of practice, which will make the establishment of your business entity quicker, easier and far less complicated that forming it yourself. Call us at 281-785-8850.

Which type of entity should I choose?

Establishing the best best type of business entity for your particular purposes is something best determine after a consultation with your Lawyer or Accountant. Call The Powell Firm - Texas Trial Lawyers PLLC at 281-785-8850 for a free consultation.

What information do I need to start forming my LLC or Corporation?

At minimum you need to provide: your contact information; proposed name of the company; the state of formation; the number of shares of stock to be issued (for corporations); the names and addresses of the initial directors or members; the company's legal address. The Powell Firm - Texas Trial Lawyers PLLC will form your business and provide you the formation documents once the process is complete.

Why Should I Incorporate?

Incorporating your business can insulate your personal assets from business liabilities and can offer you some tax advantages not available to sole proprietorships.

What is a revocable trust?

A revocable trust is one that can be changed or revoked during the lifetime of the settlor or grantor. An irrevocable trust is one that cannot be revoked once the trust is finalized. Whether the trust should be revocable or irrevocable depends on the purpose of the trust. For example, certain irrevocable trusts are used for tax planning.

What is a living trust? Do I need one?

A living trust is revocable. Some believe they need a living trust in order to avoid probate. A living trust can be used to avoid probate. However, because the probate process in Texas is relatively straight-forward, if a Will is properly drafted, there is usually no need to avoid probate unless you expect someone to contest your Will. Other reasons to set up a living trust include if you wish someone else to manage your assets (in case of incapacity for instance) or you own property in another state. Property in a living trust does not avoid estate taxes.

What is the difference between a Will and a living will?

A living will, also known as a Directive to Physician, allows you to designate medical treatment for end of life care - specifically regarding the use of life-sustaining treatment should you suffer an irreversible or terminal condition. A Will, on the other hand, is a document used to specify how you would like your assets distributed upon your death.

What is an executor?

An executor (male) or executrix (female) is the person you name in your Will to be responsible for carrying out your wishes as specified in the Will. An executor’s responsibilities include collecting and protecting the assets in your estate; paying off debts and taxes owed by your estate; and then distributing the assets according to your Will. Under Texas law, an Executor has the responsibility to manage and care for the estate property as a prudent person would care for his own property. Texas, unlike other states, allows you to designate your Executor to serve as an “Independent Executor,” meaning with minimal court supervision. Having an Independent Executor can save your estate a significant amount of money and expedite the probate process.

What is the estate tax?

The estate tax is a tax on the transfer of wealth following death. Generally, the estate tax affects only individuals with a large estate. There are some estate planning strategies that reduce the impact of the estate tax, (and other taxes such as gift tax and generation-skipping tax). Such planning is beyond the scope of this Frequently Asked Questions guide.

What is a trust?

A Trust is a fiduciary relationship in which an individual, the Trustee, holds legal title to property for the benefit and use of another, the Beneficiary. The Trustee and the Beneficiary essentially each share a portion of title to the property in the Trust; the Trustee holds Legal Title and the beneficiary holds Equitable Title. The person who creates the Trust appoints the Trustee in the document creating the Trust. The Trustee has certain duties to the Beneficiary (or Beneficiaries) to manage the property in the Trust in accordance with the provisions of the Trust and Texas law.

Who can bring a case on behalf of a family member who died?

In Texas, a suit for wrongful death may be brought by the deceased person's spouse, parents or adult children. The only other person eligible to file suit for wrongful death, in Texas, is the deceased person's personal representative.

I prepared a Will in another state. Is it valid in Texas?

The legal formalities for drafting a Will are governed by state law. Therefore those formalities vary from state to state. There is often overlap in the formal requirements for a Will. It is possible that a Will drafted in another state is also valid in Texas. If your Will was drafted in another state and you are concerned about its validity, contact The Powell Firm - Texas Trial Lawyers PLLC so that we may review it for you.

Do I need to update my Will?

If you have experienced a major life change such as death of a family member, divorce, birth of a child, or changes in assets you may want to consider a new Will, or a codicil (amendment) to your current Will. If you have undergone one of these, or other major life changes, since drafting your Will, and have questions about whether you need to update your Will, Call The Powell Firm - Texas Trial Lawyers PLLC

What should my estate plan include?

A basic estate plan should include: (1) A Will - This legal document will identify the individuals to whom you want your assets distributed upon your death - rather than allowing the State to make that determination, which will happen if you die without a Will; (2) An Advanced Health Care Directive - This legal document is also known as a Living Will. This legal document will allow you to state, in advance of incapacitation, what health care decisions you want made on your behalf should you ever become unable to make these decisions yourself. The Advanced Health Care Directive also allows you to appoint someone of your choosing as your agent, to make healthcare decisions for you when you can no longer make them for yourself. Your designated agent is authorized to access your medical information; (3) A Durable Power of Attorney - This legal document allows you to name an agent who is authorized to act on your behalf with respect to financial decisions in the event you become incapacitated. The designated agent would have authority to deal with third parties, such as banks, on your behalf; (4) A Medical Power of Attorney - This legal document allows you to designate one or more persons to make medical decisions on your behalf in case of your incapacity.

What happens if someone does not have a medical power of attorney or durable power of attorney and he or she becomes incapacitated?

Depending on the circumstances and the needs of the individual, numerous options may be available, including the appointment of a Legal Guardian. In the event that an individual becomes incapacitated and can no longer care for himself or manage his financial affairs, a court may appoint a Legal Guardian to do so on behalf of the incapacitated person (the "Ward"). A Guardian of the Estate is responsible for managing the property and financial affairs of the Ward. A Guardian of the Person is generally responsible for providing care, supervision, food, clothing, and shelter for the incapacitated person. The Guardian may also consent to medical treatment on the Ward's behalf. An individual may be appointed either Guardian of the Person or Guardian of the Estate, or both, depending on the needs of the incapacitated person. An individual may pre-designated as Guardian of the Estate and a Guardian of the Person in the event of incapacity by completing a Designation of Guardian in Advance of Need. If a designation is not made in advance, the individual’s spouse and, then, next of kin have priority for appointment as Guardian.

Who should I appoint as my executor?

You should appoint a person you trust and who is willing and capable to serve. Remember, if you appoint a spouse, family member, or friend, he or she will also be grieving. It is also important to name at least one alternate executor in case your executor is unwilling or unable to serve.

What exactly is litigation law?

Litigation is the process of taking your dispute to a court of law when parties cannot agree on a settlement of a legal dispute. Litigation is generally comprised of filing a lawsuit, seeking damages and compensation, conducting discovery of information and conducting the trial. Litigation might also include an Appeal to a higher court if your case is lost at the trial court level.

What is the difference between a criminal and civil trial?

In criminal trials, the District Attorney's Office represents the people of the State of Texas and seeks to prosecute and punishment someone accused of a crime. The Defense Attorney represents the accused person. In civil suits, two or more individuals or entities who cannot come to a settlement agreement on their own, seek to have a Court preside over a trial to settle a dispute. Civil suits do not result in anyone going to jail. Civil suits generally involve the award of money - or in cases of Restraining Orders and Injunctions, involve the court compelling a party to do (or refrain from doing) some activity.

If I take someone to court for monetary compensation and win, how can I ensure that I will receive my money?

The court clerk will typically file a Judgment against the other party – stating that they owe you money and in what amount. You can use this Judgment to obtain the money owed or take property of the other party in an amount equal to the Judgment.

Is mediation covered under litigation law?

In some cases, yes. Mediation is when two our more parties who are in civil litigation (not criminal prosecution) try and settle their disagreement out of court, even though the court will have to approve the decisions and legally record those decisions. Typically, a third party acts and mediator – such as an attorney or certified mediator.

What is a statute of limitations?

A statute of limitation is a law designating the amount of time you have to file a lawsuit against someone for a particular cause of action. There are different statutes of limitations for different offenses – this should be something you check into immediately if you feel you have a valid case against someone - of if you are defending someone's claims against you, so that you can properly defend yourself.

What can I do if I have been taken to court and I lost the case?

If the Court's decision (findings) are not in your favor, you have the right to appeal the decision. There is a certain period of time in which you can appeal, so you should consult your attorney as soon as the Court's adverse decision has been rendered - so that you can move forward during that designated time period, if that is your decision.

Should I hire an attorney for my case?

There is an old saying that... "A man who acts as his own Lawyer has a fool for a Client." Attorneys practice law day-to-day. If you want the best, quickest and most cost-effective results, hire a Lawyer. At The Powell Firm - Texas Trial Lawyers PLLC, we would love to represent you. However, if you have legal needs and you don't call us, please call another Lawyer so that you are properly represented.

How long does it usually take for a case to go to trial?

Every case is different and it depends upon the type of case you have and what other cases are pending. Some cases can go to court within a few months while others may take years. Keep in mind that, as of the time of this comment, COVID 19 has greatly slowed the time it takes to get to trial.