TEXAS SMALL-FIRM PRACTICE TOOLS

Transcription

1 TEXAS SMALL-FIRM PRACTICE TOOLS CINDY STORMER Managing Editor: Lisa Dunne Acquisitions Editor: Neil Stadtmore Editor: Production: Anne Loughman Anne Loughman Amanda Winkler V O L U M E 1 James Publishing Contact us at (800) or

2 Texas Small-Firm Tools F-2 Copyright 2012 James Publishing, Inc. ISBN: This publication is intended to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher does not render legal or other professional services. If legal advice or other expert assistance is required, seek the services of a competent professional. Persons using this publication in dealing with specific legal matters should exercise their own independent judgment and research original sources of authority and local court rules. The publisher and the author make no representations concerning the contents of this publication and disclaim any warranties or merchantability or fitness for a particular purpose. We view the publication of this work as the beginning of a dialogue with our readers. Periodic revisions to it will give us the opportunity to incorporate your suggested changes. Call us at (714) or send your comments to: Managing Editor James Publishing, Inc Cadillac Ave., Suite H Costa Mesa, CA Rev. 1, 9/07 Rev. 2, 10/08 Rev. 3, 11/09 Rev. 4, 10/10 Rev. 5, 11/11

3 F-3 About the Author ABOUT THE AUTHOR Cindy Stormer has been a practicing Texas attorney for over twenty years. She is currently an Assistant District Attorney in Dallas. She has been the elected District Attorney in Cooke County, an Assistant District Attorney in Fort Worth, and an Assistant City Attorney for Dallas, and she had a successful small firm practice for fourteen years. Stormer s law firm was a general practice law firm handling civil and criminal trials, family law, personal injury, real estate, negligence, estate planning, and probate law. In addition to a varied trial career with extensive jury trial experience, she has written approximately three hundred appellate briefs. Stormer is licensed to practice law in Texas; the U.S. District Court, Northern District of Texas, and the Eastern District; and in the United States Supreme Court. She has been a part-time Adjunct Instructor at North Central Texas College and Tarrant County College where she has taught Texas Trial Practices; Civil Litigation; Family Law; Probate, Trusts and Estates; Torts; Legal Research; Legal Writing; Criminal Procedure and Evidence; Government; English as a Second Language, and other courses. She has also taught at the Basic Prosecutor s Course sponsored by the Texas District and County Attorneys Association, and at the Advanced Criminal Law Course for the State Bar of Texas, and various police academies. She is on the planning committee for professional development for the State Bar of Texas. She was in charge of the legal curriculum for the Dallas Police Academy when she was the Chief Attorney for the Dallas Police Department. She was a police officer and in police work for ten years before becoming an attorney. She has been named Outstanding Attorney of the Year by Court Appointed Special Advocates of Texas and Distinguished Alumni by Tarrant County College. She is a Life Fellow of the Texas Bar Foundation.

4 Texas Small-Firm Tools F-4 EDITORIAL ADVISORY BOARD Frederick S. Adams, Jr. Dallas, Texas Scott Agthe Austin, Texas Jeff Akins San Antonio, Texas Sally S. Andrews Houston, Texas Celia Trimble Boone Abilene, Texas Lawrence G. Boyd Dallas, Texas Michael S. Burg Houston, Texas Sharon E. Conway The Woodlands, Texas Mary Lou Flynn-DuPart Jackson Walker LLP Houston, Texas David Gossom Wichita Falls, Texas Stephen Hamilton Boatwright & Hamilton Lubbock, Texas Raymond V. Jobe Dallas, Texas John H. Kim Houston, Texas Brian S. Riepen Dallas, Texas James D. Runzheimer Arlington, Texas David L. Sargent Hermes Sargent Bates, L.L.P. Dallas, Texas Brendetta Scott Hughes Watters Askanase Houston, Texas

5 F-5 Table of Contents ABBREVIATED TABLE OF CONTENTS Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Civil Litigation Car Accident Cases Consumer Protection and Fair Trade Practices Business Litigation Landlord-Tenant Relations Employer-Employee Relations Credit and Collections Organizing and Operating a Small Business Buying and Selling a Small Business Marriage Dissolution Estate Planning Estate Administration Guardianships DWI Defense Misdemeanor Defense Real Estate Table of Cases Table of Statutes Index

6 Texas Small-Firm Tools F-6 TABLE OF CONTENTS VOLUME 1 CHAPTER 1 Civil Litigation I. General Policies and Procedures A. General Points 1:01 The Lawyer s Creed and Rules of Professional Conduct 1:02 Written Policies and Procedures 1:03 Telephone Procedures 1.04 Confidentiality 1:05 Billing Records 1:06 Keeping Clients 1:07 Avoiding Malpractice 1:08 Protection Regarding Social Security Numbers 1:09 Scams B. Keeping Up With All the Dates 1:10 Calendars 1:11 Tickler System C. Getting Paid 1:20 Choosing Cases That Pay 1:21 Time Keeping and Billing 1:22 Fees and Costs as Part of a Recovery 1:23 Court Appointed Representation 1:24 Ethical Considerations II. Reviewing and Accepting Cases 1:30 The Initial Client Interview 1:31 Accepting the Case 1:32 Employment Contracts 1:33 Declining Representation 1:34 Statute of Limitations 1:35 Fees 1:36 Advising Veterans About Benefits 1:37 Suing Government Entities III. Pre-Suit Activities A. Documents 1:40 Demand Letters 1:41 Correspondence B. Research 1:50 Local Rules 1:51 Investigating the Case 1:52 Notice Requirements 1:53 Internet Research

7 F-7 Table of Contents IV. Initiating the Action A. General Points 1:60 Preparing the Petition 1:61 Supplemental and Amended Pleadings 1:62 Verified Pleas 1:63 Legal Documents B. Courts & Jurisdiction 1:70 Federal Courts 1:71 State Courts Generally 1:72 District Courts 1:73 Constitutional County Courts 1:74 County Courts at Law a.k.a. Statutory County Courts 1:75 Probate Courts 1:76 Justice of the Peace Courts 1:77 Municipal Courts 1:78 Other Considerations in Determining the Court C. Filing the Lawsuit 1:80 Try to Settle First 1:81 The Clerk s Office 1:82 Service of Process 1:83 Whom to Serve 1:84 Substituted Service 1:85 Service by Publication D. Parties 1:90 Jurisdiction Over Parties 1:91 Capacity 1:92 New Parties 1:93 Impleader 1:94 Interpleader 1:95 Intervention 1:96 Immunity V. Default Judgment 1:100 Seeking a Default Judgment 1:101 Challenges to a Default Judgment VI. Defending a Lawsuit A. General Points 1:110 Representation by Attorney or Pro se 1:111 The Defendant s Options 1:112 Answer 1:113 Affirmative Defenses B. Objecting to Jurisdiction 1:120 Make a Special Appearance 1:121 Include an Answer 1:122 Request a Hearing 1:123 Affidavits 1:124 Don t Invoke the Court s Jurisdiction 1:125 Sanctions on Special Appearance

8 C. Removal to Federal Court 1:126 Diversity Jurisdiction 1:127 Fraudulent Joinder 1:128 Motion to Remand D. Venue and Forum Challenges 1:130 Venue Challenges 1:131 Forum Non Conveniens 1:132 Notice and Time Limitations 1:133 Hearing 1:134 Sanctions 1:135 Appeals 1:136 Mandatory Venue Provisions 1:137 Permissive Venue VII. Motions 1:140 General Points 1:141 TROs and Temporary Injunctions 1:142 Motion for Continuance 1:143 Summary Judgments VIII. Discovery A. General Points 1:150 Governing Rules and Discovery Control Plan 1:151 Service and Response Times 1:152 Filing 1:153 Objections to Discovery 1:154 Motions to Compel 1:155 Protective Orders 1:156 Discovery Traps B. Types of Discovery 1:160 Requests for Disclosure 1:161 Interrogatories 1:162 Requests for Admissions 1:163 Depositions 1:164 Defending a Deposition 1:165 Inspection of Documents and Other Things 1:166 Physical and Mental Exams 1:167 Electronic Discovery C. Subpoenas & Business Record Affidavits 1:170 Subpoenas and Subpoenas Duces Tecum 1:171 Business Records Affidavits IX. Alternative Dispute Resolutions 1:180 General Points 1:181 Mediation 1:182 Arbitration X. Withdrawals and Dismissals 1:190 Withdrawals 1:191 Motion to Dismiss Texas Small-Firm Tools F-8

9 F-9 Table of Contents XI. Trial and Post-Trial 1:200 Prepare 1:201 Requesting a Jury Trial 1:202 Peremptory Challenges 1:203 The Jury Charge 1:204 Witness Preparation 1:205 Judgment 1:206 Motion for New Trial 1:207 Bill of Review Forms Form 1:10 Lawyer s Creed Form 1:20 Office Procedures Manual Form 1:30 Telephone Procedures Form 1:40 General Information Intake Questionnaire Form 1:41 Privacy Policy as to Social Security Numbers Form 1:50 Checklist: Interview Form 1:60 Filing and File Control Form 1:70 File Information Sheet Form 1:80 Contract for Employment Form 1:90 Contract for Employment (With an Evergreen Clause) Form 1:100 Declining Representation Letter Form 1:110 Statute of Limitations Form 1:120 Fees: Court Form 1:130 Fees: Attorney Form 1:140 Time Sheet Form 1:150 Affidavit Form 1:160 Tape Recording Form 1:170 Internet Sources for Legal Research Form 1:180 Original Petition Form 1:190 Checklist for the Petition Form 1:200 Certificate of Service Form 1:210 Certificate of Conference Form 1:220 Affidavit of Indigency (Pauper s Oath) Form 1:230 Courts Federal Form 1:240 Courts State Form 1:250 Abatement Form 1:260 Appeal Letter to Client (From JP Court) Form 1:270 Appeal Bond From JP Court Form 1:280 Procedures for Filing the Lawsuit Form 1:290 Order for Service of Process Form 1:300 Alternate Service Motion and Order and Affidavit (Rule 106) Form 1:310 Notice by Publication Form 1:320 Motion and Order of Appointment of an Ad Litem After Publication Form 1:330 Statement of Evidence Form 1:340 Impleader/Joinder/Original Third-Party Petition Form 1:350 Interpleader Form 1:360 Intervention Form 1:370 Default Judgment Form 1:380 Answer Form 1:390 Procedures for Filing the Answer Form 1:400 Special Appearance Form 1:410 Motion for TRO and Temporary Injunction Form 1:420 Motion for Continuance and Order

10 Texas Small-Firm Tools F-10 Form 1:430 Request for Disclosure Form 1:440 Interrogatories Form 1:450 Verification Form 1:460 Request for Admissions Form 1:470 Procedures: Discovery Form 1:480 Depositions Form 1:490 Deposition Notice Form 1:500 Deposition Letter Form 1:510 Stipulation for Taking Telephone Deposition Form 1:520 Deposition by Written Questions Form 1:530 Request for Production Form 1:540 Motion for Physical/Mental Exam Form 1:550 Discovery Answers/Objections to Discovery Form 1:560 Checklist for Preparing and Challenging Objections to Discovery Form 1:570 Motion to Compel Discovery Form 1:580 Protective Order Against Discovery Form 1:590 Subpoena Application Form 1:600 Subpoena Duces Tecum Application Form 1:610 Subpoena Form 1:620 Procedures: Subpoena Form 1:630 Business Records Letter Form 1:640 Business Records Affidavit Form 1:650 Release Agreement Form Form 1:651 Arbitration Clause Form 1:660 Withdrawal Motion and Order Form 1:670 Withdrawal Letter Form 1:680 Withdrawal Letter 2 Form 1:690 Motion to Substitute Counsel Form 1:700 Tickler Form 1:710 Attorneys Fees Testimony Form 1:720 Order for Payment Form Form 1:730 Application and Order to Be Paid Form 1:740 Memorandum of Law Form 1:741 Rule 11 Agreement Form 1:750 Request for a Jury Trial Form 1:760 Jury Charge Form 1:770 Instructions for Witnesses Form 1:780 Moral Turpitude Form 1:790 Voir Dire Form 1:800 Introducing Tangible Evidence Form 1:810 Common Objections Form 1:820 Best Evidence Rule Form 1:830 Court Reporters Form 1:840 Impeachment Form 1:850 Notice of Nonsuit Form 1:860 Motion to Dismiss for Want of Prosecution Form 1:870 Judgment Form 1:880 Release of Judgment Form 1:890 Motion for New Trial Form 1:900 Findings of Fact and Conclusions of Law Form 1:910 Notary Acknowledgment Form 1:920 Motion for Summary Judgment Form 1:930 Petition for Order to Take Oral Deposition Under Rule Form 1:940 Motion for Mediation

11 F-11 Table of Contents CHAPTER 2 Car Accident Cases I. General Points 2:01 Essential Elements 2:02 Problems With Personal Injury Work 2:03 Referral Agreements II. Types of Personal Injury Actions 2:10 Car Accidents Are Typical 2:11 Wrongful Death Claims 2:12 Survival Actions 2:13 Medical Malpractice 2:14 Health Care Treatment Decisions 2:15 Other Types of Actions III. Office Procedures 2:20 The Initial Client Contact: Telephone Procedures 2:21 Interviewing the Client 2:22 Evaluating the Client and the Case 2:23 The Contract 2:24 Termination of Employment Contract 2:25 Record Authorizations 2:26 Advances to Cover Costs IV. Investigating the Case A. Liability 2:30 Determining Liability and Causation 2:31 Act Quickly 2:32 Hiring an Investigator 2:33 Retaining Experts B. Damages 1. General Points 2:40 Damage Definitions 2:41 Gathering the Data 2:42 Medical Records and Bills 2. Types of Damages 2:50 Past Medical Expenses 2:51 Future Medical Expenses 2:52 Disfigurement 2:53 Physical Pain 2:54 Mental Anguish 2:55 Loss of Consortium 2:56 Loss of Household Services 2:57 Lost Wages and Earning Capacity 2:58 Physical or Mental Impairment 2:59 Property Damage 2:60 Exemplary Damages 2:61 Prejudgment Interest C. Insurance Coverage 2:70 Determine Insurance Coverage 2:71 Liability

12 Texas Small-Firm Tools F-12 2:72 Personal Injury Protection (PIP) 2:73 Comprehensive 2:74 Uninsured Motorist/Underinsured Motorist V. Pleadings 2:80 Statute of Limitations 2:81 Filing a Petition 2:82 Insurer Cannot Be Joined as a Third-Party Defendant 2:83 Forum Non Conveniens 2:84 Answering a Petition VI. Dealing With Insurance Companies A. The Opponent s Insurer 2:90 Insurance Adjusters 2:91 Reserves 2:92 Notice Letters 2:93 Timing for a Demand Letter 2:94 Determining the Amount of the Demand 2:95 Writing the Demand Letter 2:96 Brochures and Videos 2:97 Negotiations 2:98 The Client s Medical Records and Exam B. The Client s Insurer 2:100 Uninsured/Underinsured Coverage 2:101 Insurer s Subrogation Rights 2:102 Stacking Policies 2:103 Personal Injury Protection (PIP) C. Bad Faith 2:110 Duty of Good Faith and Fair Dealing 2:111 The Bad Faith Cause of Action 2:112 Document Delays and Unfair Dealing 2:113 Stowers: Failure to Settle for Policy Limits 2:114 Stowers: When Representing Plaintiffs 2:115 Stowers: When Representing Defendants 2:116 Punitive Damages Cannot Be Excessive VII. Settling the Case A. Types of Settlements 2:120 Cash (Lump Sum) 2:121 Structured Settlements 2:122 Tax Implications B. Working With the Client 2:130 Client s Refusal to Settle 2:131 Capacity and Authority 2:132 Settlement With Minors or Incompetents C. The Settlement Agreement 2:140 Review the File and Procedures 2:141 Settlement Agreement as a Contract 2:142 Consideration 2:143 Writing and Filing Requirements 2:144 Collusive Agreements Are Illegal

13 F-13 Table of Contents 2:145 One Satisfaction Rule 2:146 Affect of Settlement on Co-Defendant 2:147 Release D. Third Parties 2:150 Subrogation Claims 2:151 Tax Consequences 2:152 Paying the Bills 2:153 Unknown Responsible Third Parties VIII. Discovery 2:160 Comply With Requests You Receive 2:161 Informal Discovery and Request for Disclosure 2:162 Interrogatories, Production & Admissions 2:163 Documents and Physical Exams 2:164 Depositions IX. Arbitration and Trial 2:170 Arbitration 2:171 Prepare for Trial 2:172 Trial Evidence 2:173 The Physician 2:174 Evidence of Settlement Offers 2:175 Surveillance Evidence 2:176 Perjury for Underreported Income Forms Form 2:10 Procedures Telephone Intake Form 2:20 Questionnaire: Basic Case Form 2:30 Questionnaire: Complex Case Form 2:40 Interview Form 2:50 Declining Representation No Insurance Form 2:60 Declining Representation No Fault Form 2:70 Contract for Employment Simple Form 2:80 Contract for Employment Complex (Includes a Power of Attorney) Form 2:90 Medical and Employment Records Release Form 2:100 Initial Letter to Personal Injury Client Form 2:110 Notice of Unsatisfied Judgment Form 2:120 Referral Agreement Form 2:130 Letter of Protection (LOP) Form 2:140 Letter to the Investigator Form 2:150 Open Records Request (For Police Report) Form 2:160 Expert Letter Form 2:170 Petition for Personal Injury Form 2:180 Notify Defendant Letter Form 2:190 Notify Defendant s Insurance Letter Form 2:200 Motion in Limine, Plaintiff s Form 2:210 Motion in Limine, Defendant s Form 2:220 Letter to Uninsured Motorist/Underinsured Motorist Carrier Form 2:230 Medicare Letter Form 2:240 Medicaid Letter Form 2:250 Subrogation Letter Form 2:260 Demand Letter Form 2:270 Demand Letter for PIP Form 2:280 Payment Letter

14 Texas Small-Firm Tools F-14 Form 2:290 Form 2:300 Form 2:310 Form 2:320 Form 2:330 Form 2:340 Form 2:350 Form 2:360 Form 2:370 Form 2:380 Form 2:390 Form 2:400 Form 2:410 Form 2:420 Form 2:430 Form 2:440 Form 2:450 Form 2:460 Form 2:470 Form 2:480 Form 2:490 Form 2:500 Office Procedures Checklist for Plaintiff Checklist for Defense Settlement Letter Release Discontinue Representation Letter Letter Encouraging Settlement Final Hearing in a Case Involving an Injured Child Letter to Insurance Company Documenting Delay Bad Faith Letter Stowers Letter Recorded Statement Interrogatories Plaintiff Interrogatories Defendant Letter to Accompany Interrogatories Admissions Production Request to Inspect Premises Deposition Questions Jury Charge Voir Dire Personal Injury Trial Script CHAPTER 3 Consumer Protection and Fair Trade Practices I. General Points 3:01 The DTPA Unlawful Acts 3:02 Statute of Limitations 3:03 The Initial Client Contact 3:04 The Contract 3:05 Consumer Status II. Notice 3:10 Notice Letter: Timing 3:11 Notice Letter: Contents 3:12 Failure to Give DTPA Notice 3:13 Failure of Defendant to Request Abatement III. Damages 3:20 Actual Damages 3:21 Treble Damages 3:22 Mental Anguish 3:23 Criminal Penalties 3:24 Attorney Fees 3:25 Expert Testimony Needed to Support Damages for Cost of Replacement IV. Pretrial Activities 3:30 Mediation 3:31 Offers to Settle 3:32 Discovery

15 F-15 Table of Contents V. The DPTA Action 3:40 Venue 3:41 Jurisdiction 3:42 Pre-Emption 3:43 Exceptions 3:44 Restraining Orders & Civil Penalties 3:45 Trials in Actions on Small Amounts 3:46 Post-Judgment Relief VI. The Petition and Answer 3:50 The Petition 3:51 The Answer 3:52 Contribution or Indemnity 3:53 Statutory Defenses VII. Other Considerations With DTPA 3:60 Intent 3:61 What the DTPA Does Not Cover 3:62 Warranties 3:63 Proportionate Responsibility 3:64 Waiver 3:65 Professionals 3:66 Medical Providers VIII. Other Areas of the Law That Protect Consumers 3:70 Right to Cancel Certain Consumer Transactions 3:71 Copy of Contract and Notice of Cancellation 3:72 Timeshares and Health Treatment Facilities 3:73 Telephone Solicitation 3:74 Credit Protection 3:75 Identity Theft 3:76 Residential Construction Commission Act 3:77 Credit Card Defense for Consumers Forms Form 3:10 Demand/Notice Letter Form 3:20 Interrogatories and Production, DTPA Form 3:30 Admissions in DTPA Form 3:40 Motion and Order for Mediation Form 3:50 Original Petition in DTPA Form 3:60 Checklist for DTPA Form 3:70 Memorandum of Law on DTPA Form 3:80 Trial, DTPA Form 3:90 Discovery Against Credit Card Companies CHAPTER 4 Business Litigation I. General Points 4:01 Litigation Issues Unique to Businesses 4:02 Foreign Corporations

16 Texas Small-Firm Tools F-16 II. III. Initiating Business Litigation A. Tolling the Limitations Period 1. General Points 4:10 Tolling Provisions Must Be Pleaded 4:11 Tolling Despite Commencement of Suit 4:12 Statutes of Repose (Persons Protected) 2. Defendant s Absence 4:20 Defendant s Absence From State 4:21 Absence Does Not Toll With Real Estate 4:22 Tolling for Absence Applicable Only to Individuals 3. Disability and Minority 4:30 Minority and Unsoundness of Mind 4:31 Married Minors 4:32 Disability Must Exist at Accrual of Action 4. Other Bases for Tolling 4:40 Fraud 4:41 Death 4:42 Filing in Wrong Court 4:43 Agreement of the Parties 4:44 Related Counterclaims and Cross-Claims B. Selecting the Court 4:50 Corporations 4:51 Partnerships 4:52 A Business s Principal Office 4:53 Tort and Contract Actions 4:54 Long-Arm Jurisdiction C. Identifying the Business 4:60 Assumed Names 4:61 Suing a Corporation 4:62 Suing a Partnership 4:63 Misnomer 4:64 Relation Back When a Party Is Misidentified 4:65 Capacity D. Serving a Corporation 4:70 Whom to Serve 4:71 Substituted Service on the Secretary of State 4:72 Service by Publication or Posting E. Other Issues 4:80 Corporation Must Be Represented by an Attorney 4:81 Failure to Pay Franchise Taxes 4:82 Personal Liability When the Franchise Tax Is Not Paid 4:83 Suing a Dissolved Corporation 4:84 Spoliation 4:85 Shareholders 4:86 Investigating the Defendant s Finances Typical Business Litigation Actions A. Notes & Leases 4:90 Promissory Notes 4:91 Leases

17 F-17 Table of Contents B. Mechanic s, Contractor s, and Materialman s Liens 1. General Points 4:100 Authority and Construction 4:101 Obtaining a Mechanic s Lien 4:102 Perfecting the Mechanic s Lien 4:103 Notice of the Lien 4:104 Necessity of Dealing With the Owner 4:105 Foreclosing on a Lien 4:106 Sham Contracts to Prevent a Lien 4:107 Releasing a Lien 2. Specific Types of Property 4:110 Abandoned Property 4:111 Liens on Homesteads 4:112 The Affidavit for a Homestead Lien 4:113 Liens on Vehicles 4:114 Liens on Fixtures 4:115 Liens on Services to Horse Owners C. Contracts 4:120 Statutes of Limitations 4:121 Changing the Limitation Period 4:122 Contracts to Arbitrate a Dispute 4:123 Contracts Affecting Jurisdiction 4:124 Elements for a Breach of Contract Action 4:125 Installment Contracts 4:126 Assignment of Contract Claims 4:127 Attorney Fees 4:128 Artistic Work D. Torts 1. General Points 4:130 Statute of Limitations 4:131 Fraudulent Concealment 4:132 Insurance Coverage 4:133 Mental Anguish 4:134 Keep Tort Issues in Mind in Business Litigation 2. Defamation 4:140 Definitions 4:141 Slander Per Se 4:142 Publication 4:143 Defenses 4:144 Privileged Matters 4:145 Business Disparagement 3. Negligence 4:150 Gross Negligence 4:151 Negligent Misrepresentation 4. Other Torts 4:160 Fraud 4:161 Civil Conspiracy 4:162 Conversion 4:163 Malicious Prosecution and Abuse of Process 4:164 Nuisance

18 Texas Small-Firm Tools F-18 4:165 Tortious Interference With Business Relations 4:166 Tortious Interference With a Contract 4:167 Intentional Infliction of Emotional Distress 4:168 Continuing Torts E. Bankruptcy 4:170 Types of Bankruptcy 4:171 Bankruptcy Documents 4:172 Exempt Property Alternatives 4:173 Texas Exemptions 4:174 Initial Bankruptcy Interview 4:175 Representing a Creditor 4:176 Electronic Filing 4:177 Motion to Lift Stay 4:178 Debts Not Dischargeable F. Copyright, Patents, and Trademarks 4:180 Distinguishing Copyrights, Patents, and Trademarks 4:181 Copyrights 4:182 Copyright Notice 4:183 The Application G. Oil and Gas 4:190 The Surface Lease IV. Pleadings and Judgments 4:200 Estoppel 4:201 Attaching Documents to the Pleadings 4:202 Declaratory Judgments 4:203 Summary Judgments 4:204 Motion for JNOV 4:205 Finality of Judgments 4:206 Revival and Enforcement of Judgments 4:207 Attorney Fees Forms Form 4:10 Letter to Secretary of State Form 4:20 Citation by Posting Form 4:30 Affidavit for Citation by Posting Form 4:40 Appointment of Attorney Ad Litem After Posting Form 4:50 Notice by Publication Form 4:60 Affidavit by Publication Involving Land Form 4:70 Checklist in Preparation of the Pleadings Form 4:80 Note Secured Form 4:90 Note Unsecured Form 4:100 Promissory Note Form 4:110 Release of Lien or Note Form 4:120 Bill of Sale Form 4:130 Petition for Suit on a Sworn Account Form 4:140 Lease Form 4:150 Mechanic s Lien Intake Form 4:160 Mechanic s Lien Letter Form 4:170 Mechanic s Lien Foreclosure Form 4:180 Mechanic s Lien Letter to Client Form 4:190 Mechanic s Lien Notice Letter

19 F-19 Table of Contents Form 4:200 Form 4:210 Form 4:220 Form 4:230 Form 4:240 Form 4:250 Form 4:260 Form 4:270 Form 4:280 Form 4:290 Form 4:300 Form 4:310 Form 4:320 Form 4:330 Form 4:340 Mechanic s Lien Affidavit Original Petition for Breach of Contract Provision for Tolling of Statute of Limitations Contract Breach of Contract Interrogatories Petition, Conspiracy and Tortious Interference With Existing Contract Petition, Libel Original Petition for Declaratory Judgment Proof of Claim Motion for Relief From Stay Motion for Judgment Notwithstanding the Verdict Release Interrogatories in Aid of Judgment Leased Property Checklist Collaborators Agreement CHAPTER 5 Landlord-Tenant Relations I. General Points 5:01 Rental Agreements and Leases 5:02 The Initial Client Interview 5:03 Self-Representation II. Forcible Entry and Forcible Detainer (Eviction) A. General Points 5:10 Definitions 5:11 Bad Faith or Harassment 5:12 Attorneys Fees 5:13 Non-Lawyer Representation 5:14 Eviction by New Owner of Building After Foreclosure 5:15 The Lockout Alternative 5:16 Wrongful Eviction 5:17 Constructive Eviction B. The Eviction Action 5:20 Statute of Limitations 5:21 Jurisdiction 5:22 Proper Parties 5:23 Notice to Vacate 5:24 Demand for Attorneys Fees 5:25 The Petition 5:26 Service of Process 5:27 Substituted Service Supports Default Judgment 5:28 The Answer 5:29 Issues in Eviction Actions 5:30 The Eviction Hearing 5:31 Writ of Possession 5:32 Appeal

20 Texas Small-Firm Tools F-20 III. Landlord s Duties A. Deposits and Payments 5:40 Duty to Mitigate Damages 5:41 Cash Payments 5:42 Rental Application Deposit 5:43 Refund of Security Deposits 5:44 Bad Faith Retention of Security Deposit 5:45 Late Fees 5:46 Premises Liability With Leased Premises; Commmon Area and Retained-Control B. Condition of the Unit 5:50 Smoke Detectors 5:51 Security Devices 5:52 Utilities C. Liens and Seized Property 1. Residential Leases 5:60 General Points 5:61 Seizure of Property 5:62 Sale of Property 2. Commercial Leases 5:65 Commercial Buildings 5:66 Agricultural Products or Crops IV. Tenant s Rights and Duties 5:70 Tenant s Obligations Under the Lease 5:71 No Subletting 5:72 Fixtures 5:73 Requesting Repairs 5:74 Lien on Landlord s Property 5:75 Last Month s Rent 5:76 Receipt for Cash Payment 5:77 Right to Summon Emergency Assistance 5:78 Mobile Home Lots 5:79 Right to Vacate and Avoid Liability Following Certain Sex Offenses V. Tenant s Repair and Deduct Remedy 5:80 Repair and Deduct Procedure 5:81 Improper Repair and Deduct 5:82 Casualty Loss 5:83 Closing the Unit 5:84 Landlord May Not Retaliate VI. Personal Property Left on Premises 5:90 Property Removed From Premises 5:91 Property That Must Be Returned to the Tenant 5:92 Property Presumed Abandoned After Three Years 5:93 Tenant s Remedy for Improper Removal VII. Fair Housing Practices 5:100 Discrimination Prohibited 5:101 Familial Status as Discrimination 5:102 Disabilities

21 F-21 Table of Contents 5:103 Contact Government Officials 5:104 Enforcement and Appointment of Attorney 5:105 The Complaint 5:106 Civil Penalties 5:107 Criminal Penalties Forms Form 5:10 [Reserved] Form 5:20 Lease Residential Form 5:30 Lease Agricultural Form 5:40 Client Intake Questionnaire Form 5:50 Checklist for Evictions Form 5:60 Instructions for the Eviction Case Form 5:70 Eviction Notice Letter Form 5:80 Eviction Petition Form 5:90 Courtroom Script Form 5:100 Release of Lease CHAPTER 6 Employer-Employee Relations I. General Points 6:01 Employer s Workers Compensation Insurance Election 6:02 Employee s Workers Compensation Claim 6:03 Vicarious Liability 6:04 Negligent Hiring II. The Employment Contract 6:10 First Client Meeting With Terminated Employee 6:11 Employment at Will 6:12 Modification of Employment at Will to Prevent Discrimination 6:13 Modification of Employment at Will to Prevent Retaliation 6:14 Modification of Employment at Will by Written Policies 6:15 Employment for a Definite Period 6:16 Independent Contractors 6:17 Leased Employees 6:18 Covenants Not to Compete 6:19 Statute of Frauds III. Hiring A. The Hiring Process 6:31 Recruiting 6:31 Application Forms 6:32 Interviewing Applicants 6:33 References and Offers of Employment 6:34 New Hire Reporting B. Immigration Issues 6:40 Hiring Illegal Immigrants Is Prohibited 6:41 Cannot Exclude Authorized Aliens 6:42 No Match Letter 6:43 Best Hiring Practices

22 Texas Small-Firm Tools F-22 IV. Office Policies A. General Policies 6:50 Office Procedures / Policy Manual 6:51 Drug Policies 6:52 Posted Notices 6:53 Employment of Children 6:54 Use of Polygraph 6:55 Record Keeping 6:56 Sexual Harassment B. Wages and Paydays 6:60 Paydays 6:61 Minimum Wage 6:62 Overtime Pay 6:63 Vacation Pay 6:64 Garnishment of Wages C. Safety and Health 6:70 Texas Requirements 6:71 Federal Requirements 6:72 Health Care D. 6:80 Include Policy in Office Manual 6:81 Electronic Communications Act 6:82 Texas Penal Code 6:83 Privacy Interest Defense V. Discrimination and Harassment A. General Points 6:90 Employment Discrimination Is Prohibited 6:91 Equal Employment Opportunity Commission (EEOC) 6:92 Disparate Treatment and Disparate Impact 6:93 Employer s Defenses 6:94 Hostile Work Environment 6:95 Burden Shift B. Types of Discrimination 6:100 Discriminatory Notice or Advertisement 6:101 Discrimination in Hiring 6:102 Age Discrimination 6:103 Sexual Discrimination 6:104 Retaliation 6:105 Disabilities 6:106 Race Discrimination 6:107 Religious Discrimination C. Sexual Harassment 6:110 Statutory Claim for Sexual Harassment 6:111 Hostile or Offensive Work Environment 6:112 Vicarious Liability D. Damages for Discrimination or Harassment 6:115 Statutory Damages 6:116 Caps on Damages

23 F-23 Table of Contents VI. Termination of Employment A. Grounds and Procedures 6:120 Termination Based on Good Cause 6:121 Statement of Discharge B. Improper Terminations 6:130 Wrongful Discharge 6:131 Constructive Discharge 6:132 The Whistleblower Act 6:133 Family and Medical Leave Act (FMLA) 6:134 Refusal to Perform Illegal Act C. Post-Termination Actions and Procedures 6:140 Lien for Unpaid Compensation 6:141 Unemployment Compensation 6:142 Intentional Infliction of Emotional Distress 6:143 Attorneys Fees 6:144 Blacklisting Forms Form 6:10 Intake Checklist Form 6:20 Employment at Will Form 6:30 Application Employment Form 6:40 Interview Employment Form 6:50 Texas Employer New Hire Reporting Program Form Form 6:60 Equal Employment and Reasonable Accommodation Form 6:70 Anti-Drug Policies Form 6:80 Office Procedure Disclaimer Sexual Harassment Form 6:90 , Fax, and Internet Use Policy Form 6:100 Employment Eligibility Verification Form I-9 Form 6:110 Checklist Employer/Employee CHAPTER 7 Credit and Collections I. General Points 7:01 Initial Meeting With a Debtor-Client 7:02 Statute of Limitations 7:03 Written Acknowledgment Constitutes New Promise 7:04 Oral Acknowledgment 7:05 Statute of Frauds 7:06 Investigating the Debtor 7:07 Investigating the Creditor 7:08 Checklist of Available Procedures II. Debt Collection A. General Points 7:10 Creditor Is Responsible for Collection Agency 7:11 Creditor May Ratify Collector s Improper Practices 7:12 Debtor May Not Hinder Secured Creditors 7:13 Asset Protection Planning 7:14 Ethics and Professionalism in Debt Collection

24 Texas Small-Firm Tools F-24 III. B. Texas Debt Collection Practices Act 1. Regulations 7:20 Collection Practices Are Extensively Regulated 7:21 Threats or Coercion 7:22 Harassment; Abuse 7:23 Fraudulent, Deceptive, or Misleading Representations 7:24 Right to Privacy 2. Damages and Enforcement 7:30 Exemplary Damages 7:31 Criminal Penalties 7:32 Attorneys Fees and Fines 7:33 Enforcement by Attorney General C. Federal Statutes 7:40 Statutes and Prohibitions 7:41 When the Debtor Disputes the Debt Collecting on a Judgment A. Abstract of Judgment 7:50 Abstract of Judgment Creates a Lien 7:51 Preparation of the Abstract of Judgment 7:52 Lien Lasts for Ten Years B. Garnishment 7:60 Prejudgment Garnishment 7:61 When to Use Garnishment 7:62 Applying for a Writ of Garnishment 7:63 Review the Garnishment Return 7:64 Notify the Judgment Debtor of Garnishment 7:65 Garnishee Must File Answer 7:66 Bank s Right of Offset 7:67 Garnishment of Wages 7:68 Defendant s Right to Replevy 7:69 Attorneys Fees 7:70 Garnishment by Federal Agency C. Execution of Judgments 1. Obtaining a Writ of Execution 7:80 The Execution Process 7:81 Timing for the Issuance of a Writ 7:82 The Writ 7:83 Duty of Executing Officer 7:84 Failure to Execute 7:85 Improper Endorsement of Writ 2. Exempt Property 7:90 General Points 7:91 Homesteads 3. The Execution Sale 7:100 General Points 7:101 Wrongful Execution 7:102 Secured Creditors and Execution 7:103 Real Property 7:104 Dormancy of the Judgment Lien 7:105 Recovery of Seized Property 7:106 Judgments Against Political Subdivisions 7:107 Unclaimed Judgments

25 F-25 Table of Contents D. Post-Judgment Discovery 7:110 Post-Judgment Discovery Takes Place in the Same Suit 7:111 Types of Discovery E. Turnover 7:120 The Turnover Statute 7:121 Purpose and Use of the Turnover Process 7:122 How to File the Turnover 7:123 Turnover to Determine Possession and Control 7:124 Turnover Does Not Apply to Wages 7:125 Turnover Statute and Its Application to Homesteads F. Receivership 7:130 Receivership Statutes 7:131 Advantages and Disadvantages of Receivership 7:132 Requesting the Receivership 7:133 Qualifications for the Receiver 7:134 Appointment of the Receiver 7:135 Powers of the Receiver 7:136 Accounting by the Receiver 7:137 Receiver s Sale of Property 7:138 Stopping a Receivership IV. Attachment and Sequestration A. Attachment 7:140 Purpose and General Use 7:141 Grounds 7:142 Procedure 7:143 Art Is Exempt B. Sequestration 7:150 Purpose and General Use 7:151 Grounds 7:152 Procedure 7:153 Repossessions V. Judgments Against Spouses 7:160 General Points 7:161 Separate Property Liability 7:162 Community Property Liability 7:163 Order in Which Spousal Property Is Subject to Execution Forms Form 7:10 Intake Debts Form 7:20 Contract for Employment Collections/Contingency Form 7:30 Acknowledgment of Claim Form 7:40 Unfair Debt Collection Practices Letter Form 7:50 Collections Letter Form 7:60 Abstract of Judgment Form 7:70 Letter to Client Post-Judgment Form 7:80 Application for Writ of Garnishment After Judgment Form 7:90 Writ of Garnishment Affidavit Form 7:100 Writ of Garnishment Form 7:110 Garnishment Notice Form 7:120 Agreed Judgment on Garnishment Form 7:130 Garnishee s Answer Form 7:140 Writ of Garnishment Judgment Form 7:150 Writ of Execution Letter to Clerk

26 Texas Small-Firm Tools F-26 Form 7:160 Form 7:170 Form 7:180 Form 7:190 Form 7:200 Form 7:210 Form 7:220 Form 7:230 Form 7:240 Form 7:250 Writ of Execution Letter to Sheriff or Constable Request for Production Collections Turnover Application Turnover Order Application for Receiver Receiver Order Oath of Receiver Receivership Final Order Checklist Collections Homestead Affidavit as Release of Judgment Lien CHAPTER 8 Organizing and Operating a Small Business I. General Points 8:01 Initial Client Interview 8:02 Forms of Businesses 8:03 Naming the Business 8:04 Employees 8:05 Licenses 8:06 Sales Tax 8:07 Margin Tax and Other Taxes 8:08 Attorney-Client Business Transactions II. Sole Proprietorships 8:10 General Points 8:11 Setting Up a Sole Proprietorship III. Partnerships 8:20 The Partnership Agreement 8:21 General Partnerships 8:22 Limited Partnerships 8:23 Limited Liability Partnerships 8:24 Differences Among Different Types of Partnerships 8:25 Family Limited Partnerships IV. Corporations A. Forming a Corporation 8:30 Introduction 8:31 Advantages and Disadvantages 8:32 Incorporators 8:33 Corporation Name 8:34 Articles of Incorporation 8:35 Filing the Articles 8:36 Bylaws 8:37 Incorporating an Existing Business B. Maintaining and Dissolving a Corporation 8:40 Organizational Meeting 8:41 Officers 8:42 Compensation 8:43 Shares

27 F-27 Table of Contents 8:44 Common vs. Preferred Shares 8:45 Subchapter C Corporations 8:46 Piercing the Corporate Veil 8:47 Articles of Dissolution C. Subchapter S Corporations 8:50 Tax Advantage to an S Corporation 8:51 Disadvantages of S Corporations 8:52 Qualifying as an S Corporation 8:53 Establishing and Dissolving an S Corporation D. Non-Profit Corporations 8:55 Formation 8:56 Advantages of Non-Profit Corporations 8:57 Disadvantages of Non-Profit Corporations 8:58 Tax Consequences V. Limited Liability Company (LLC) 8:60 General Points 8:61 Advantages and Disadvantages 8:62 Formation 8:63 Name Requirement 8:64 Articles of Organization 8:65 Membership; Regulations; Management 8:66 Recordkeeping 8:67 Assignment of Membership 8:68 LLC and Creditors 8:69 Dissolution 8:70 Professional Limited Liability Companies (PLLC) VI. Holding Meetings 8:80 Requirement for Meetings 8:81 Open Meetings Act 8:82 Public Information Act Forms Form 8:10 Intake Business Organization Form 8:20 Assumed Name Certificate (for Local Filing in the County) Form 8:21 Assumed Name Certificate (for Filing With the Secretary of State) Form 8:30 Letter to Client, Assumed Name Certificate Form 8:35 Employment Agreement Form 8:40 Partnership Agreement Form 8:50 Letter to Secretary of State, With Articles of Incorporation Form 8:60 Letter to Client, Forming the Corporation Form 8:70 Articles of Incorporation Form 8:80 Bylaws Form 8:90 Share Certificate Form 8:95 Certificate of Formation for a Non-Profit Form 8:96 Checklist for Formation of a Non-Profit Corporation Form 8:100 Articles of Organization (LLC) Form 8:110 Holding Meetings Form 8:120 Minutes Form 8:130 Checklist, Organizing a Business Form 8:140 Margin Tax Calculation

28 Texas Small-Firm Tools F-28 CHAPTER 9 Buying and Selling a Small Business I. General Points 9:01 Initial Client Interview 9:02 Buyer s Concerns 9:03 Seller s Concerns 9:04 Checklist II. Steps in the Transaction 9:10 Investigate the Business 9:11 Letter of Intent 9:12 Types of Assets 9:13 Tax Consequences 9:14 Environmental Reports 9:15 Warranties 9:16 Special Considerations 9:17 Drafting the Contract for Sale 9:18 Closing III. Buyer s Interest vs. Seller s Interest 9:20 Valuing Equipment and Inventory 9:21 Selling Assets or Shares 9:22 Seller s Capital Gain 9:23 Definition of Capital Assets 9:24 Sales Tax 9:25 Documents to Protect the Buyer 9:26 Sale of Real Property 9:27 Mineral and Water Rights 9:28 Depreciable Assets IV. Special Concerns 9:30 Alcohol Sales Permit 9:31 Employment Commission Status Report V. Sales of Different Types of Business A. Sole Proprietorship 9:40 Sale Is Taxed on Individual Assets B. Partnership 9:50 Choice of Methods 9:51 Goodwill 9:52 Partnership Dissolution 9:53 Registered Limited Liability Partnerships C. Professional Practice 9:60 Professional Practice Is Different Than Other Businesses 9:61 Agreement Not to Compete D. Corporation 9:70 Methods to Accomplish Sale 9:71 Closely-Held Corporations Forms Form 9:10 Client Intake Buying and Selling a Business Form 9:20 Letter of Intent Form 9:30 Confidentiality Agreement

29 F-29 Table of Contents Form 9:40 Form 9:50 Form 9:60 Form 9:70 Form 9:80 Form 9:90 Form 9:100 Form 9:110 Form 9:120 Access and Indemnity Agreement Letter to Comptroller (re: No Sales Tax Due) Sale of a Sole Proprietorship Contract Sale/Dissolution of a Partnership Contract Sale of Professional Practice Contract Contract for Sale of a Business/Corporation Sale of a Ranch Contract Texas Employment Commission Status Report Checklist for Buying and Selling a Business VOLUME 2 CHAPTER 10 Marriage Dissolution I. General Points 10:01 Family Law Statistics 10:02 Texas Family Law Practice Manual 10:03 Annulment 10:04 Common Law Marriage 10:05 Pre-Marital Agreements 10:06 Family Law Resources II. Initial Client Contact 10:10 Establish Jurisdiction 10:11 Obtain Preliminary Information 10:12 Anticipate Costs 10:13 Determine Appropriate Lawsuit 10:14 Preparing the File III. The Original Petition A. Jurisdiction 10:20 Matrimonial Long Arm Statute 10:21 Minimum Contacts 10:22 Divorce and Child Custody: Personal Jurisdiction Not Required 10:23 Property Division and Child Support: Personal Jurisdiction Required B. Preparing and Filing the Petition 10:30 Basic Elements 10:31 Waiver of Service 10:32 Domestic Torts 10:33 Attorney Fees 10:34 Special Requirements 10:35 Filing the Petition 10:36 Request for a Jury Trial 10:37 Notice to the Attorney General 10:38 Name Change C. Service 10:40 Waiver of Service 10:41 Advise Against Signing a Waiver 10:42 Serve the Opponent 10:43 Service by Posting or Publication 10:44 Service by Posting 10:45 Service by Publication

30 Texas Small-Firm Tools F-30 IV. Temporary Orders 10:50 General Points 10:51 Temporary Ex Parte Restraining Order 10:52 Child Support 10:53 Spousal Maintenance 10:54 Inventory 10:55 Requesting a Hearing V. Dividing the Property A. General Points 10:60 Just and Right Standard 10:61 Disproportionate Division B. Types of Property 10:70 Community Property 10:71 Separate Property 10:72 Mixed Property 10:73 Presumption of a Gift 10:74 Personal Injury Recovery 10:75 Professional Degrees 10:76 Stock Options C. Reimbursement 10:80 Equitable Reimbursement 10:81 Joint Ventures 10:82 Non-Reimbursable Claims 10:83 Claim for Reimbursement; Offsets 10:84 Claims for Reimbursement D. Tracing 1. General Points 10:90 Trial Court Has Broad Discretion 10:91 Inception of Title 10:92 Tracing Experts 10:93 Livestock 2. Tracing Methods 10:100 Clearinghouse Method 10:101 Minimum Sum Balance 10:102 Community First Out Rule 10:103 Pro Rata 10:104 Value Tracing 10:105 Item Tracing VI. Real Estate Documents 10:110 General Points 10:111 Contracts Near the Time of Marriage or Divorce 10:112 Special Warranty Deed 10:113 Deed of Trust to Secure Assumption 10:114 Real Estate Lien Note and Deed of Trust 10:115 Warranty Deed With a Vendor s Lien 10:116 Quitclaim Deed 10:117 Filing the Decree in Lieu of Real Estate Documents

31 F-31 Table of Contents VII. Issues Regarding Children 10:120 Parenting Plan 10:121 Paternity 10:122 Possession and Access 10:123 Parental Alienation 10:124 The Non-Custodial Parent s Visitation 10:125 Interference With Custody or Visitation 10:126 Uniform Child Custody Long Arm Statute 10:127 Intervention by Grandparents or Others 10:128 Representing Children 10:129 No More Written Designations for Child Over 12 Years VIII. Vehicle Transfers 10:130 Power of Attorney to Transfer Automobile 10:131 Documents for the Tax Office 10:132 Motor Vehicle Transfer 10:133 Mobile Home Transfer IX. Discovery and Trial 10:140 Discovery in Family Law Cases 10:141 Pleadings: Sufficiency and Amendments 10:142 Motion for Summary Judgment 10:143 Conducting a Contested Hearing X. The Final Decree 10:150 Preparing the Final Decree 10:151 Withholding Order 10:152 Qualified Domestic Relations Orders (QDRO) 10:153 Income Tax Exemptions 10:154 Finalize the Divorce XI. Post-Divorce Matters 10:160 Partition of Undivided Property 10:161 Protective Orders 10:162 Motion for New Trial 10:163 Beneficiary Designations and COBRA 10:164 Closing the File Forms Form 10:10 Marriage Dissolution Telephone Intake Form 10:20 Family Law Telephone Intake Form 10:30 Intake Questionnaire Form 10:40 Cohabitation Agreement Form 10:50 Pre-Marital Agreement Intake Form 10:60 Pre-Marital Agreement Form 10:70 Marital Agreement Form 10:80 Employment Contract Form 10:90 Checklist Marriage Dissolution Form 10:100 Report of Divorce or Annulment of Marriage Form 10:110 Service of Process Information Sheet Form 10:111 Change of Name Petition Form 10:112 Script for Change of Name Form 10:113 Obtaining the Criminal History Documents Form 10:120 Original Petition for Divorce

32 Texas Small-Firm Tools F-32 Form 10:130 Form 10:140 Form 10:150 Form 10:160 Form 10:170 Form 10:180 Form 10:190 Form 10:200 Form 10:210 Form 10:220 Form 10:230 Form 10:240 Form 10:250 Form 10:260 Form 10:270 Form 10:280 Form 10:290 Form 10:300 Form 10:310 Form 10:320 Form 10:330 Form 10:340 Form 10:350 Form 10:360 Form 10:370 Form 10:380 Form 10:390 Form 10:400 Form 10:410 Form 10:420 Form 10:430 Form 10:440 Form 10:450 Form 10:451 Form 10:460 Form 10:470 Form 10:480 Form 10:490 Letter to Opposing Party With Waiver Waiver of Citation Order on Service of Citation Petitioner s Supporting Affidavit Appointment of Attorney Ad Litem Order Appointment of Attorney Ad Litem After Publication Answer With a General Denial Temporary Restraining Order and Order Setting Hearing for Temporary Orders Temporary Orders Calculating Child Support Expenses Inventory Final Decree of Divorce Withholding Order Withholding Letter to Clerk Power of Attorney to Transfer Motor Vehicle Checklist for Transfer of Automobiles and Mobile Homes Transfer of Mobile Home Statement of Ownership Final Hearing Script Prove up (Agreed/Default) Special Warranty Deed Deed of Trust to Secure Assumption Real Estate Lien Note Deed of Trust Quitclaim Deed Interrogatories Production Admissions Trial Transcript Contested Child s Choice of Managing Conservator Custody Checklist Letter to Custodial Parent Visitation Letter to Custodial Parent Contempt Letter Authorization for Release of Protected Health Information Release of Claim to Exemption Confirmation by Client of Advice on Prohibition of Possession of Firearm Proposed or Agreed Parenting Plan Checklist for Closing Out the Case CHAPTER 11 Estate Planning I. General Points 11:01 Client Interview 11:02 Meeting a Married Couple 11:03 Avoiding Probate 11:04 Clients With Current Wills 11:05 Prepaid Funeral Expenses 11:06 Conflict of Interest: Prohibited Transactions 11:07 Importance of Financial Planning

33 F-33 Table of Contents II. Financial Planning 11:10 Home Equity Loans and Reverse Mortgages 11:11 Homesteads 11:12 Individual Retirement Accounts (IRAS) 11:13 Investments 11:14 Life Insurance 11:15 Annuities III. Non-Probate Assets 11:20 Joint Tenancy With Right of Survivorship 11:21 Payable on Death Accounts (P.O.D.) 11:22 Joint Accounts 11:23 Life Insurance IV. Tax Issues 11:30 Federal Unified Tax Credit 11:31 Estate Taxes 11:32 Gifts and Gift Tax 11:33 Community Property vs. Separate Property 11:34 Property Taxes V. Wills 11:40 Importance of Having a Will 11:41 Basic Types of Wills 11:42 Community Property 11:43 The Common Forms: A Will and a Testamentary Trust 11:44 Special Provisions 11:45 Executors 11:46 Execution of the Will 11:47 Revocation 11:48 Divorce Voids Provisions for the Former Spouse VI. Ancillary Documents A. Financial Matters 11:50 Durable Power of Attorney 11:51 General Power of Attorney 11:52 Special Power of Attorney 11:53 Revocation of the POA B. Health Matters 11:60 Power of Attorney for Health Care 11:61 Directive to Physicians VII. Trusts A. General Points 11:70 Creation of a Trust 11:71 Purpose, Types, and Taxes 11:72 Community Property Agreement and Pour-Over Will 11:73 Client Interview 11:74 Crummey Powers 11:75 Letters to Transfer Agents 11:76 Termination of the Trust

34 B. Marital and Bypass Trusts 11:80 General Points 11:81 When Trusts Are Not Advisable 11:82 How the Trusts Work 11:83 Selecting Assets for Trusts C. Living Trusts 11:90 General Points 11:91 Disadvantages to Living Trusts 11:92 Advantages to Living Trusts 11:93 Myths About Living Trusts 11:94 Tax Consequences D. QTIP Trusts 11:100 General Points 11:101 When to Use a QTIP Trust 11:102 Requirements to Establish a QTIP Trust 11:103 Creating a QTIP Trust 11:104 How a QTIP Trust Works 11:105 Disadvantage of a QTIP Trust E. Charitable Remainder Trusts 11:110 General Points 11:111 Tax Consequences VIII. Guardianship 11:120 General Points 11:121 Client Interview 11:122 Designating a Guardian for Children 11:123 Alternatives to a Guardianship 11:124 Appointment of Guardian 11:125 Guardian of the Estate IX. Long-Term Care 11:130 Social Security 11:131 Supplemental Security Income (SSI) 11:132 Nursing Homes 11:133 Medicare 11:134 Medicaid 11:135 Hospice X. Estate Issues 11:140 Promise Must Be in Writing 11:141 Disclaimers Forms Form 11:10 Will Intake Form 11:20 Will Questionnaire Form 11:30 Procedures Form 11:40 Joint Representation Form 11:50 Execution of Wills Form 11:60 Last Will and Testament/Female Form 11:70 Last Will and Testament/Male Form 11:80 Last Will and Testament With Trust/Female Form 11:90 Last Will and Testament With Trust/Male Form 11:100 Last Will and Testament With Trust and Marital Trust Form 11:110 Bequests Reduced Texas Small-Firm Tools F-34

35 F-35 Table of Contents Form 11:120 Form 11:130 Form 11:140 Form 11:150 Form 11:151 Form 11:160 Form 11:170 Form 11:180 Form 11:190 Form 11:200 Form 11:210 Form 11:215 Form 11:220 Form 11:230 Form 11:240 Form 11:250 Form 11:260 Form 11:261 Form 11:270 Form 11:280 Form 11:290 Form 11:300 Form 11:310 Form 11:320 Life Estate Provision Will Letter Codicil Directive to Physicians HIPAA Release Power of Attorney Power of Attorney for Health Care Power of Attorney for Health Care Information Revocation of Power of Attorney Pour-Over Provision Trusts Checklist Affidavit of Accuracy and Solvency Trust Agreement Spray Trust Provisions Unequal Distribution Marital Deduction Trust and Credit Shelter Trust Living Trust Letter Revocable Living Trust Agreement QTIP Trust Provisions Termination of Trust Survivorship Agreement for Community Property Insurance Policy Change of Beneficiary Letter Mineral Rights Lease Transfer Letter Investment Transfer Letter IRA Change of Contingent Beneficiary Letter CHAPTER 12 Estate Administration I. General Points 12:01 The Attorney Represents the Estate 12:02 Jurisdiction and Venue 12:03 Personal Representatives 12:04 Proof Prior to Probate 12:05 Four-Year Period for Probate 12:06 The Estate Tax Return 12:07 Statute of Limitations to Contest Probate 12:08 Suing or Defending an Estate II. Client Interview 12:10 Acknowledge the Emotional Effects 12:11 Obtain Basic Information Before the Interview 12:12 Establish the Proper County 12:13 Obtain All Necessary Information 12:14 Review the Assets 12:15 Determine the Appropriate Proceedings 12:16 Explain the Procedure and Fees III. Analyzing the Estate 12:20 Non-Probate Assets 12:21 Debts 12:22 Adoption by Estoppel 12:23 Partition 12:24 Community Property

36 Texas Small-Firm Tools F-36 IV. Special Proceedings A. No Will or Lost Will 12:30 Application to Determine Heirship 12:31 Intestate Succession 12:32 Probate of a Lost Will B. Small Estates 12:40 Intestate Decedent; Affidavit of Heirship 12:41 Small Estate Affidavit C. Muniment of Title 12:50 General Points 12:51 Applying for Probate as Muniment of Title 12:52 Contesting the Procedure 12:53 Muniment of Title Hearing 12:54 After the Muniment of Title Hearing D. Independent Administration 1. Establishing Administration 12:60 Availability and Advantages of Independent Administration 12:61 Initiating Independent Administration 12:62 Hearing on Independent Administration 12:63 After the Hearing 2. Proceedings During Administration 12:70 Oath and Bond 12:71 Inventory 12:72 Order of Payment of Claims and Allowances 12:73 Interested Persons May Demand Accounting 12:74 Removing an Independent Executor 12:75 Closing Independent Administration V. Court-Supervised (Dependent) Administration A. General Points 12:80 Use and Waiver 12:81 Citation and Service 12:82 Minors 12:83 Out-of-State Executor or Witnesses B. Establishing Administration 12:90 Initiating Court-Supervised (Dependent) Administration 12:91 Hearing 12:92 After the Hearing C. Proceedings During Administration 12:100 Set Aside of Exempt Property 12:101 Family Allowance 12:102 Notice for Presentation of Claims 12:103 Classification of Claims 12:104 Dealing With Claims 12:105 Bond 12:106 Sale of Real Property 12:107 Accounting 12:108 Operation of Businesses D. Closing the Estate 12:110 Disbursing Real Estate 12:111 Beneficiaries Receipt and Release 12:112 Account for Final Settlement

37 F-37 Table of Contents Forms Form 12:10 Form 12:20 Form 12:30 Form 12:40 Form 12:50 Form 12:60 Form 12:70 Form 12:80 Form 12:90 Form 12:100 Form 12:110 Form 12:120 Form 12:130 Form 12:140 Form 12:150 Form 12:160 Form 12:170 Form 12:180 Form 12:190 Form 12:200 Form 12:210 Form 12:220 Form 12:230 Form 12:240 Form 12:250 Form 12:260 Form 12:270 Form 12:280 Form 12:290 Form 12:300 Form 12:310 Form 12:320 Form 12:330 Form 12:340 Form 12:350 Form 12:360 Form 12:370 Form 12:380 Form 12:390 Form 12:400 Form 12:410 Form 12:420 Form 12:430 Form 12:440 Form 12:450 Form 12:460 Form 12:470 Form 12:480 Form 12:490 Form 12:500 Form 12:510 Form 12:520 Form 12:530 Form 12:540 Form 12:550 Client Intake Questionnaire Client Interview Probate Analyzing the Type of Probate Procedure Heirship Questionnaire Heirship Affidavit Procedure for Affidavit of Heirship Application to Determine Heirship Motion to Appoint Attorney Ad Litem in Heirship Proceeding Answer by Ad Litem to Application of Heirship Affidavit of Facts Heirship Small Estate Administration Letter of Representation Small Estate Affidavit and Order Muniment of Title Application Muniment of Title, Office Procedures Order Admitting the Will to Probate as a Muniment of Title Proof of Death and Other Facts Muniment of Title Proof of Handwriting Muniment Script Letter to Client on Muniment Letter of Representation, Independent Administration Temporary Administration Letter Application for Letters Testamentary Application for Independent Administration Oath of Independent Administration Proof of Death and Other Claims, Independent Administration Waiver and Renunciation of Rights to Letters Testamentary Waiver of Dependent Administration and Bond Waiver of Citation Family Allowance Independent Administration Order Testamentary Independent Administration Order Non-Testamentary Independent Administration, Agreed Order Independent Administration Script Independent Administration Office Procedures Notice to Creditors Letter Regarding Notice to Creditors Second Letter of Representation Independent Administration Inventory Probate Letter to Client Regarding Inventory Receipt and Release Letter to Claimant Closing the Independent Estate Agreement Probate Authorization Letter of Representation, Agreement to Proceed as Independent Waiver of Right to Proceed as Dependent Administration Letter of Representation Dependent Administration Application for Dependent Administration Testamentary Proof of Death Dependent Administration Order Admitting Will to Probate as Dependent Administration Dependent Administration Office Procedures Dependent Administration Script Will Dependent Administration Script No Will Letter of Representation 2 Dependent Administration Notice to Claimant

38 Texas Small-Firm Tools F-38 Form 12:560 Form 12:570 Form 12:580 Form 12:590 Form 12:600 Form 12:610 Form 12:620 Form 12:630 Form 12:640 Form 12:650 Form 12:660 Form 12:670 Form 12:680 Form 12:690 Form 12:700 Form 12:710 Form 12:720 Form 12:730 Form 12:740 Form 12:750 Form 12:760 Form 12:770 Form 12:780 Form 12:790 Form 12:800 Form 12:810 Form 12:820 Form 12:830 Authenticated Unsecured Claim Form Letter to Claimant Secured Claim Verification of Funds on Deposit Application for Authority to Expend Funds Application for Sale of Real Property Order Setting Hearing on Application for Sale of Real Property Order of Sale of Real Property [Reserved] Report of Sale of Real Property Decree of Sale of Real Property Application to Pay Attorneys Fees Annual Account Dependent Administration Application for Reimbursement Application for Compensation of Administrator Bank Account Letter Computation of Estate Taxes Account for Final Settlement Order to Pay Funds to Court Registry for Minor Dependent Administration Interrogatories Procedures Direct Interrogatories to Be Propounded to Executor Interrogatories of the Subscribing Witness Appointment of Resident Agent Application to Set Aside Exempt Property Application for Allowance in Lieu of Exempt Property Petition for Breach of Fiduciary Duty Disbursement Authorization Payment of Claim Without Guardianship Stock Transfer Letter CHAPTER 13 Guardianships I. General Points 13:01 Guardianships Require Expertise 13:02 Purpose and Types of Guardianship 13:03 Look for Less Restrictive Alternatives 13:04 Client Interview 13:05 Temporary (Immediate) Guardianships 13:06 Representing the Ward II. Establishing the Guardianship 13:10 The Guardianship Application 13:11 Prepare for the Hearing 13:12 The Hearing 13:13 After the Hearing 13:14 Letters of Guardianship III. Conducting the Guardianship 13:20 Powers and Duties 13:21 Inventory and Appraisement 13:22 Support and Maintenance of the Ward 13:23 Creditors 13:24 Sales

39 F-39 Table of Contents 13:25 Compensation 13:26 Veteran s Benefits 13:27 Annual Accounts 13:28 Annual Determinations 13:29 Closing the Guardianship 13:30 Injunctive Relief in Guardianship 13:40 Involuntary Commitment Forms Form 13:10 Guardianship Intake Form 13:20 Letter to Doctor in Guardianship Form 13:30 Application for Letters of Guardianship Form 13:40 [Reserved] Form 13:50 Oath and Bond of Guardian Form 13:60 Waiver and Renunciation of Right to Be Appointed Guardian Form 13:70 Guardianship Proof of Facts Form 13:80 Guardianship Order Form 13:90 Guardianship Office Procedures Form 13:100 Guardianship Hearing Script Form 13:110 Application to Set a Monthly Allowance for Expenditures by Guardian Form 13:120 Application for Compensation in Guardianship Form 13:130 Answer of Guardian Ad Litem Form 13:140 Letter of Instruction to Guardian Form 13:150 Order Approving Bond Form 13:160 Notice to Persons With Claims in Guardianship Form 13:170 Sale of Property Hearing Script in Guardianship Form 13:180 Order Approving Guardian s Annual Account Form 13:190 Application to Close and Discharge Guardianship Form 13:200 Order Approving Account for Final Settlement Form 13:210 Order Closing and Discharging Guardianship I. General Points A. Criminal Defense Work 14:01 Ethics and Importance 14:02 Duty to Investigate 14:03 Attorney-Client Relationship 14:04 Websites B. Offenses and Definitions 14:10 Driving While Intoxicated 14:11 Intoxication 14:12 Operating a Motor Vehicle 14:13 Public Place 14:14 Alcohol and Minors 14:15 Open Container Law C. The First Client Meeting 14:20 The Non-Citizen Client 14:21 Client Interview 14:22 Fee Agreements CHAPTER 14 DWI Defense

40 Texas Small-Firm Tools F-40 II. Arrests and Tests 14:30 Definition of an Arrest 14:31 Authority for Warrantless Arrest 14:32 Exclusionary Rule 14:33 Field Sobriety Tests 14:34 Implied Consent to Breath and Blood Tests 14:35 Attacking Breath and Blood Tests 14:36 Admissibility of Scientific Tests 14:37 Use of Experts to Challenge Tests 14:38 Expert Testimony a Necessity for the State 14:39 Blood Search Warrants III. Pre-Trial A. Initial Procedure 14:40 Information or Indictment 14:41 Arraignment 14:42 Announcement 14:43 Right to a Jury Trial B. Discovery and Trial Prep 14:50 Discovery Request 14:51 Open Records Requests 14:52 Pretrial Hearings 14:53 Motions to Suppress 14:54 Request for Jury to Assess Punishment 14:55 Preparation for Trial IV. Punishments A. Basic Punishments 14:60 Driver s License Suspension 14:61 Administrative License Revocation (ALR) Hearing 14:62 Surcharge Assessment 14:63 No Deferred Adjudication B. Enhancements 14:70 The Enhancement Scheme 14:71 Third Offense Is a Felony 14:72 Prior DWI Convictions Which Can Be Used For Enhancement 14:73 Involuntary Manslaughter and Intoxication Manslaughter Enhancements 14:74 Proving Prior Convictions 14:75 Stipulations Are Admissions 14:76 Prior Convictions Must Be in the Jury Charge V. The Trial A. Initial Procedure 14:80 State Must Prove Every Element 14:81 Voir Dire 14:82 Batson 14:83 Reading the Indictment B. Common Issues 14:90 Chain of Custody 14:91 Confessions and Defendant s Statements 14:92 Testimony by Defendant

41 F-41 Table of Contents 14:93 Proof of Finality of Prior Convictions 14:94 Retrograde Extrapolation 14:95 Admissibility of Business Records 14:96 Refusal to Give a Breath Sample 14:97 Videotapes 14:98 Trial Testimony 14:99 Closing Argument C. Jury Charge 14:100 General Points 14:101 Drafting the Jury Charge 14:102 The Application Paragraph 14:103 Lesser Included Offenses 14:104 Extraneous Offenses General Points 14:105 Extraneous Offenses Notice by State 14:106 Extraneous Offenses Proof of Identity 14:107 Extraneous Offenses Limiting Instructions VI. DWI Community Supervision 14:110 Basic Conditions 14:111 Minimum Confinement 14:112 Rehabilitation Treatment 14:113 Educational Program 14:114 Deep-Lung Breath Analysis Mechanism 14:115 Driver s License 14:116 Revocation of Community Supervision VII. Occupational License 14:120 Eligibility for an Occupational License 14:121 Preparing the Petition 14:122 Filing the Application 14:123 The Hearing VIII. Collateral Consequences A. Direct DWI Consequences 14:130 List of Consequences 14:131 Ignition Interlock Devices 14:132 Property Forfeiture B. Other Offenses 14:140 General Points 14:141 Student Grants and Loans 14:142 Public Assistance; Health Care; Housing 14:143 Employment and Licenses 14:144 Passports 14:145 Possession of a Firearm 14:146 Right to Vote 14:147 Jury Service 14:148 Ability to Hold Public Office 14:149 Driver s License 14:150 Citizenship 14:151 Military Service

42 Texas Small-Firm Tools F-42 Forms Form 14:10 Form 14:20 Form 14:30 Form 14:40 Form 14:50 Form 14:60 Form 14:70 Form 14:80 Form 14:90 Form 14:100 Form 14:110 Form 14:120 Form 14:121 Form 14:130 Form 14:140 Form 14:150 Form 14:160 Form 14:170 Form 14:180 Form 14:190 Form 14:200 Intake Questionnaire Criminal Employment Contract Criminal Entry of Appearance Waiver of Jury Trial Discovery DWI Application for Jury to Assess Punishment Motion in Limine DWI DWI Motion to Suppress Letter to Client Script Failure to Testify DWI Mandatory Punishments Criminal Voir Dire Criminal Jury Questionnaire Occupational License Petition Occupational License Order Occupational License Hearing Script Occupational License Letter Occupational License Procedures Jury Instructions for Determination of Voluntariness of Statement Jury DWI Charge (Guilt/Innocence) Jury DWI Charge (Punishment) CHAPTER 15 Misdemeanor Defense I. General Points A. Misdemeanors and Penalties 15:01 Definition and Distinction From Felonies 15:02 Misdemeanor Penalty Ranges 15:03 Penalties for Controlled Substances B. The Prosecutor s Role 15:10 Prosecutors Protect Justice 15:11 Prosecutor s Basic Obligations 15:12 Disclosure of Evidence 15:13 Crime Victim s Compensation C. Defense Attorney s Obligations 15:20 Plea Offers 15:21 Investigate Facts and Law 15:22 Advise on Punishment 15:23 Advise on Collateral Consequences 15:24 Negotiating the Deal D. Procedures 15:30 Initial Client Interview 15:31 Initial Procedures and Discovery 15:32 Court Proceedings 15:33 Writ of Habeas Corpus 15:34 Representing the Mentally Ill Client II. Traffic Tickets 15:40 General Points 15:41 Stipulation and Appeal Bond

43 F-43 Table of Contents 15:42 Deferred Adjudication 15:43 Plea Offer 15:44 Defensive Driver Course 15:45 Challenging the Detection Device for Speeding III. Search and Seizure A. General Points 15:50 General Rule: Warrant Is Required 15:51 Arrests Without Warrants 15:52 Levels of Interaction 15:53 Must Have an Affirmative Link 15:54 Forfeiture B. Specific Searches 15:60 Places Incident to Arrest 15:61 Persons Incident to Arrest 15:62 Persons During the Execution of Search Warrants 15:63 Body Fluids 15:64 Protective (Cursory) Searches 15:65 Prevention of Destruction of Evidence 15:66 Vehicle Inventory Searches 15:67 Curtilage and Open Fields 15:68 Border Searches 15:69 School Searches 15:70 Water Safety Checks 15:71 Automobiles 15:72 Dog Search/Odor C. Stops, Detentions, Arrests 15:80 Detention 15:81 Reasonable Suspicion 15:82 Warrantless Arrests in the Home 15:83 Traffic Stops 15:84 Roadblocks and License Checkpoints D. Motions to Suppress and Jury Charges 15:90 Pretrial Motion to Suppress Evidence 15:91 Objections to Search Warrants 15:92 Jury Charge on Illegal Search 15:93 Corroboration Required in Some Drug Offenses IV. Confessions and Statements 15:100 Definition and Protection 15:101 Warning Requirement for Custodial Interrogation and Statements 15:102 Exceptions to Warning Requirement 15:103 Voluntariness 15:104 Corroboration 15:105 Findings of Fact and Conclusions of Law 15:106 Recorded Statements Must Be Provided to the Defense V. Plea Bargaining 15:110 Purpose 15:111 Duty to Inform Client 15:112 Agreement Is Binding 15:113 Appeal After a Plea Bargain

44 Texas Small-Firm Tools F-44 VI. Speedy Trial 15:120 Basis for the Right to a Speedy Trial 15:121 Time Length 15:122 Factors 15:123 Burden of Proof 15:124 Remedy for Violation VII. Pretrial Issues 15:130 Appointing Experts 15:131 Multiple Defendants 15:132 Habitual Offenders 15:133 Criminal Attempt 15:134 Competency and Capacity 15:135 Enhancement 15:136 Indigency 15:137 Consolidation and Joinder 15:138 Motion for Continuance 15:139 Bench Warrant 15:140 Evading/Escape 15:141 Subpoenas in Criminal Cases VIII. Community Supervision A. General Proceedings 15:150 Definition: Deferred Proceedings or Probated Sentence and Probation Eligibility 15:151 Presentence Investigation Report (PSI) 15:152 Payment of Fines, Costs, or Restitution 15:153 Shock Probation B. Deferred Adjudication 15:160 Definition and Procedure 15:161 Violation of a Condition 15:162 Subsequent Offense 15:163 Offenses for Which Deferred Adjudication Is Not an Option 15:164 Consequences of Deferred Adjudication 15:165 Petitions for Nondisclosure C. Special Conditions 15:170 Judge May Impose Any Reasonable Condition 15:171 Community Service 15:172 Offense Committed Because of Bias or Prejudice IX. Trial Issues 15:180 Visiting Judges 15:181 The Plea 15:182 Failure of the State to Timely Designate an Expert 15:183 Double Jeopardy 15:184 Lesser Included Offenses 15:185 Evidence Stipulations 15:186 Voir Dire Challenge for Cause 15:187 Character Evidence of Victim 15:188 Jury Charges 15:189 Allocution 15:190 Concurrent v. Cumulative Sentencing 15:191 Credit for Time Served

45 F-45 Table of Contents 15:192 Other Trial Strategies 15:193 Eyewitness Identification Wrongful Convictions 15:194 The Punishment Phase X. Post-Trial 15:200 Post-Trial Considerations 15:201 Motion for New Trial 15:202 Appeal 15:203 Confinement 15:204 Sex Offender Registration 15:205 Immigration 15:206 Expunction Forms Form 15:10 Crime Classifications Form 15:20 Affidavit of Non-Prosecution Form 15:30 Motion Objecting to Extraneous Offenses Form 15:40 Motion to Give Notice of Extraneous Offenses Form 15:50 Motion for Probation Form 15:60 Motion to Appoint Investigator Form 15:70 Motion to Suppress Search Form 15:80 Motion to Suppress Confession Form 15:90 Motion to Limit Cross-Examination Form 15:100 Motion to Not Be Tried in Jail Clothes Form 15:110 Motion for Independent Expert Form 15:120 Motion to Suppress Identification Form 15:130 Motion for Appointment of an Interpreter Form 15:140 Discovery Criminal Form 15:150 Writ of Habeas Corpus Application Form 15:160 Writ of Habeas Corpus Order Form 15:170 Writ of Habeas Corpus Hearing Script Form 15:180 Personal Recognizance Bond Form 15:190 Motion for Examining Trial Form 15:200 Questions for Expert Testing Bodily Fluids Form 15:201 Intake Sheet Mental Illness Form 15:210 Traffic Ticket Appeal Bond Form 15:220 Traffic Ticket Letter to Court Form 15:230 Traffic Ticket Letter to Client Form 15:240 Traffic Ticket Procedures Form 15:250 Speedy Trial Motion and Order Form 15:260 Hearing on Speedy Trial Motion Form 15:270 Competency Motion Form 15:280 Motion for Severance Form 15:290 Bench Warrant Application Form 15:300 Bench Warrant Form 15:310 Motion for Shock Probation Form 15:320 Preservation of Error for Denial of Defense Challenges for Cause Form 15:330 Criminal Jury Charge Form 15:340 Stipulation Criminal Form 15:350 Analyzing the Admissibility of the Defendant s Statements Form 15:351 Admissibility of Statements Form 15:360 Findings of Fact and Conclusions of Law Form 15:370 Identification Hearing Predicate Questions Form 15:380 Expunction Interview Form 15:381 Expunction Petition Form 15:382 Expunction Order

46 CHAPTER 16 Real Estate I. General Points 16:01 The Initial Client Intake 16:02 The Texas Property Code 16:03 Documents Should Show Marital Designation 16:04 Filing Real Estate Documents 16:05 Distinction Between Void and Voidable 16:06 Real Estate Documents Must Be in Writing 16:07 Parol Evidence II. Real Estate Documents A. Frequently Used Documents 16:10 Warranty Deed 16:11 General Warranty v. Special Warranty 16:12 Deed of Trust 16:13 Deed of Trust to Secure Assumption 16:14 Warranty Deed With a Vendor s Lien 16:15 Real Estate Lien Note 16:16 Quitclaim Deed 16:17 Assumption Warranty Deed 16:18 Warranty Deed in Lieu of Foreclosure B. Other Documents 16:20 Special Deeds 16:21 Homestead and Non-Homestead Affidavits 16:22 Temporary Lease 16:23 Removal of Mechanics Lien 16:24 Easements 16:25 Contract for Deed III. Trespass to Try Title 16:30 Definition and Authority 16:31 The Petition 16:32 The Answer and Demand for Abstract of Title 16:33 The Judgment IV. Foreclosures 16:40 Parties and Settlement 16:41 Non-Judicial Foreclosure 16:42 Judicial Foreclosures 16:43 Public Sale Procedure 16:44 Sheriff s Sale 16:45 Market Value at the Time of Foreclosure V. Adverse Possession A. General Points 16:50 Definition 16:51 Elements and the Petition 16:52 Actions Barred for Land Dedicated to Public Use 16:53 Burden of Proof on Adverse Possessor Texas Small-Firm Tools F-46

47 F-47 Table of Contents B. Statute of Limitations Periods 16:60 Four Different Statutory Periods 16:61 Three-Year Limitations Period 16:62 Five-Year Limitations Period 16:63 Ten-Year Limitations Period 16:64 Twenty-Five-Year Limitations Period 16:65 Two-Year Limitation Period VI. Real Estate Closings 16:70 The Earnest Money Contract and Sales Contract 16:71 Order the Title Policy 16:72 Preparing the Title Opinion 16:73 After the Title Has Been Examined 16:74 Determine the Property Taxes 16:75 Obtain the Payoff Amount Owed to the Mortgagee 16:76 The Settlement Statement 16:77 At the Closing 16:78 After the Closing 16:79 After Funding 16:80 Send the Documents VII. Special Real Estate Issues 16:90 First Right of Refusal 16:91 Discrimination Prohibited 16:92 Undisclosed Conditions 16:93 Partition Suit 16:94 Surface Minerals 16:95 Discrimination in Housing 16:96 Reverse Mortgages 16:97 Researching the Property 16:98 Advising the Mineral Lessor 16:99 Tax Protests 16:100 Attorney s Fees and Costs Forms Form 16:10 Real Estate Intake Form 16:20 Earnest Money Contract Form 16:30 Warranty Deed Form 16:40 Warranty Deed With Vendor s Lien Form 16:50 Acknowledgment of Status of Title Form 16:60 Assumption Warranty Deed Form 16:70 Deed in Lieu of Foreclosure Form 16:80 Affidavit Claiming Lien Form 16:90 Foreclosure Notice Letter Form 16:100 Notice of Substitute Trustee s Sale Form 16:110 Foreclosure Mortgage Letter Form 16:120 Foreclosure Posting Affidavit Form 16:130 Foreclosure Citation by Posting Form 16:140 Foreclosure Sale Transcript Form 16:150 Foreclosure Deed Form 16:160 Foreclosure Affidavit

48 Texas Small-Firm Tools F-48 Form 16:170 Form 16:180 Form 16:190 Form 16:200 Form 16:210 Form 16:220 Form 16:230 Form 16:240 Form 16:250 Form 16:260 Form 16:270 Form 16:280 Form 16:290 Form 16:300 Form 16:310 Form 16:320 Form 16:330 Form 16:340 Form 16:350 Form 16:360 Form 16:370 Form 16:380 Form 16:390 Form 16:400 Form 16:410 Form 16:420 Form 16:430 Form 16:440 Form 16:450 Form 16:460 Form 16:470 Form 16:480 Form 16:490 Form 16:500 Form 16:510 Form 16:520 Form 16:530 Form 16:540 Foreclosure Sale Letter Judicial Foreclosure Notice Letter Notice of Lis Pendens Judicial Foreclosure Intake Foreclosure Procedures Judicial Foreclosure Petition Judicial Foreclosure Default Judicial Foreclosure Order of Sale Certificate of Appraisal Value Sheriff s Notice Letter Notice of Sheriff s Sale Sheriff s Deed Adverse Possession Petition Adverse Possession Order Statement of Evidence Adverse Possession Adverse Possession Script Sales Contract Letter to Title Company Settlement Statement Settlement Statement Procedures 1099S Affidavit Release of Lien Disclosure Notice Affidavit as to Debts and Liens Environmental Inspection Easement Federal Truth in Lending Disclosure Statement Homestead Affidavit Non-Homestead Affidavit Distribution Deed Deed Without Warranty Guardian s Deed Seller s Temporary Residential Lease Affidavit of Completion and Indemnity Abandonment of Easement Forfeiture Affidavit Appointment of Substitute Trustee Foreclosure Sale Deed (Substitute Trustee s Deed) Affidavit of Non-Military Status TABLE OF CASES TABLE OF STATUTES INDEX