Construction Defects Law: Water Damage

Construction Defects AdminNo Comment on Construction Defects Law: Water Damage

This Blog was brought to you by the Brian Woods Law Firm, your San Antonio Construction Defects Lawyer

Construction defect attorneys play a crucial role in handling cases involving water intrusion, including leaks, roof defects, drainage issues, and foundation cracks allowing water infiltration. These attorneys specialize in representing homeowners, developers, contractors, and other parties involved in construction projects where water intrusion has caused damage or other issues. Here’s how a construction defect attorney would handle such a case:

Initial Consultation: The attorney will meet with the client to discuss the details of the case, including the nature of the water intrusion problems, the extent of the damage, and any relevant documentation or evidence. During this consultation, the attorney will assess the strength of the case and explain the legal options available to the client.

Investigation: The attorney will conduct a thorough investigation to determine the cause of the water intrusion issues. This may involve inspecting the property, reviewing construction plans and specifications, and consulting with experts, such as engineers or building inspectors, to identify any defects or deficiencies that may have contributed to the problem.

Identifying Responsible Parties: Once the cause of the water intrusion is determined, the attorney will identify the parties responsible for the defects. This may include the developer, contractor, subcontractors, architects, or engineers involved in the construction project.

Legal Action: The attorney will advise the client on the best course of action, which may include filing a lawsuit against the responsible parties to recover damages for the cost of repairs, property damage, loss of use, and other related expenses. The attorney will prepare and file all necessary legal documents and represent the client in court proceedings.

Negotiation: In many cases, the attorney will attempt to negotiate a settlement with the responsible parties outside of court. This may involve mediation or arbitration to resolve the dispute in a more timely and cost-effective manner.

Expert Testimony: In cases where the cause of the water intrusion is complex or disputed, the attorney may rely on expert testimony to support the client’s claims. Experts may include engineers, architects, or construction industry professionals who can provide insight into the defects and their impact.

Documentation: Throughout the case, the attorney will gather and organize documentation to support the client’s claims, including repair estimates, invoices, photographs, and other evidence of the water intrusion and resulting damage.

Resolution: The goal of the attorney is to achieve a resolution that fully compensates the client for their losses and holds the responsible parties accountable for their actions. This may involve obtaining financial compensation for repairs, property damage, and other related expenses, as well as pursuing punitive damages in cases of egregious misconduct.

In conclusion, a construction defect attorney plays a vital role in handling cases involving water intrusion issues. By investigating the cause of the problems, identifying responsible parties, and pursuing legal action, these attorneys help clients recover damages and hold those accountable for construction defects.

More interesting Blogs about Construction Defects and how our attorney handles them, here:
https://www.butlerandprimeau.com/construction-defect-law-we-are-trial-ready/
https://www.sambrandlaw.com/construction-defects-types-of-building-issues/
https://www.petergoldsteinlawfirm.com/construction-defects-types-of-building-issues-voc/
https://www.thaddavidson.com/construction-defects-types-of-building-issues-faulty-foundations/
https://www.keithsaylorlaw.net/construction-defects-types-of-building-issues-cracked-tiles-deteriorating-wood-trim/
https://www.irvingattorney.net/construction-defects-law-common-problems/
https://www.griffithlaw.net/construction-defects-types-of-building-issues-improper-design/
https://www.siringolaw.com/construction-defects-law-common-problems/

Traffic Ticket Law: You Have Options

traffic violation attorneys AdminNo Comment on Traffic Ticket Law: You Have Options

This Blog was brought to you by the San Antonio Traffic Ticket Attorney Gordon Slade 210-820-3033

Traffic Ticket Law: You Have Options

You may be surprised to learn that there are several things to consider before ending up in traffic court paying a big fine, logging up points, and higher insurance premiums. What are your chances of getting a reduced fine or a complete dismissal? Can you get rid of a traffic ticket once it’s been issued? Just like you would call a plumber to fix a leaky pipe, you can call a local traffic school and enlist someone to find any leaks in your case. I would advise skipping the expensive lawyer if this is a first offense and having an experienced educator look over the ticket details for a fraction of the cost.

There are several things to look for when on the receiving end of a traffic violation. Paperwork can sometimes be the bane of our existence, but it can also be exactly what saves your case in court. When the ticketing officer writes a ticket look closely at the date, time of day, and other pertinent information recorded on the ticket. If any of those facts are skipped or entered inaccurately, you have an automatic dismissal. Cops make mistakes, too. It may not happen often, but it only takes one screw-up to tilt the scales of justice in your favor. In the event that you are in the wrong and justifiably at fault, your attitude can be a deal breaker. Don’t come off as affronted, annoyed, ticked off, or defensive. Keep the tone in your voice low-key and businesslike.

What is the first thing an officer asks after approaching your car? Usually, it’s a version of Do you know why I pulled you over? Be polite, but don’t answer anything in the affirmative. If you say yes, I was going 10 miles over the speed limit, a note could be made. Being cooperative does not mean you have to admit guilt. Simply avoid the question and hand the officer your license and registration. If he asks again answer with the question; Can you tell me, Sir/Mam? Remember, any affirmative answer can be used against you by the ticketing officer. On the other hand, the officer will remember you in court as being compliant if you answer questions non-combatively. Remember, he or she deals with a lot of people on a daily basis, so you don’t want to stick out as one of those he had trouble with.

When you know your assigned court date, do yourself a favor and enroll in traffic school prior to showing up in court. This pleases the court. The Judge will see you as repentant and pro-active. His sentencing could include a complete dismissal. Be prepared to fight your case. Learn enough to ask the correct questions and give the appropriate answers.

Know the consequences of pleading guilty or not guilty. Either way, know what results from each verdict. Assume you have a chance to win. Winning may be a complete dismissal or a lesser fine. Always present your case with a calm, businesslike demeanor. States the facts intelligibly and without embellishments. Speak directly to the Judge and not to the officer. Do not try to make the officer look bad. Just state the situation cleanly and concisely.

For the sake of an untarnished driving record, don’t just accept a ticket as a final sentence. Learn, prepare and practice good common sense while in court to give yourself the best fighting chance you deserve.

Lastly, the best prescription is to drive according to the rules of the road, and then you won’t need to take any of the above advice. However, if you have one of those days, and we all do on occasion, you know what to do.

More great blogs here:
https://www.butlerandprimeau.com/red-cars-and-traffic-tickets/
https://www.sambrandlaw.com/about-moving-violations/
https://www.petergoldsteinlawfirm.com/types-of-traffic-violations/
https://www.thaddavidson.com/traffic-violations-lawyer-san-antonio/
https://www.keithsaylorlaw.net/traffic-violation-lawyer/
https://www.irvingattorney.net/speeding-ticket-attorney/
https://www.griffithlaw.net/speeding-high-speed-ticket-defense/
https://www.siringolaw.com/traffic-violations-lawyer/

Texas Lawyers Creed

Blog Posts AdminNo Comment on Texas Lawyers Creed

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Texas Lawyers Creed

All lawyers in Texas agree to follow the Texas Lawyers Creed. It will give you some idea of how you should expect a Lawyer behave with respect to you and others in the legal system. It also contains a general description of the how an Attorney relates to his client and others. Reading this Creed may help you understand what Lawyers should do and the ethical limits to what the can do. I subscribe to the Creed and do by best to follow it in word and spirit. More about Car Accident Attorneys San Antonio here

THE TEXAS LAWYER’S CREED

I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this creed for no other reason than it is right.
I. OUR LEGAL SYSTEM

A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism.

1. I am passionately proud of my profession. Therefore, ”My word is my bond.”

2. I am responsible to assure that all persons have access to competent representation regardless of wealth or position in life.

3. I commit myself to an adequate and effective pro bono program.

4. I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed.

5. I will always be conscious of my duty to the judicial system.

II. LAWYER TO CLIENT

A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate legal means to protect and advance the client’s legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.

1. I will advise my client of the contents of this creed when undertaking representation.

2. I will endeavor to achieve my client’s lawful objectives in legal transactions and in litigation as quickly and as economically as possible.

3. I will be loyal and committed to my client’s lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice.

4. I will advise my client that civility and courtesy are expected and are not a sign of weakness.

5. I will advise my client of proper and expected behavior.

6. I will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct.

7. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.

8. I will advise my client that we will not pursue tactics which are intended primarily for delay.

9. I will advise my client that we will not pursue any course of action which is without merit.

10. I will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client’s lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel.

11. I will advise my client regarding the availability of meditation, arbitration, and other alternative methods of resolving and settling disputes.

III. LAWYER TO LAWYER

A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall not influence a lawyer’s conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct.

1. I will be courteous, civil, and prompt in oral and written communications.

2. I will not quarrel over matters of form or style, but I will concentrate on matters of substance.

3. I will identify for other counsel or parties all changes I have made in documents submitted for review.

4. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties.

5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled.

6. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected.

7. I will not serve motions or pleadings in any manner that unfairly limits another party’s opportunity to respond.

8. I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses.

9. I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me.

10. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel.

11. I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel’s intention to proceed.

12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court.

13. I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence.

14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule it by agreement.

15. I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.

16. I will refrain from excessive and abusive discovery.

17. I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit any witness to quibble about words where their meaning is reasonably clear.

18. I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable.

19. I will not seek sanctions or disqualification unless it is necessary for protection of my client’s lawful objectives or is fully justified by the circumstances.

IV. LAWYER AND JUDGE

Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession.

1. I will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol.

2. I will conduct myself in Court in a professional manner and demonstrate my respect for the Court and the law.

3. I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility.

4. I will be punctual.

5. I will not engage in any conduct which offends the dignity and decorum of proceedings.

6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage.

7. I will respect the rulings of the Court.

8. I will give the issues in controversy deliberate, impartial and studied analysis and consideration.

9. I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes.

Credit:http://www.law.uh.edu/libraries/ethics/lcreed/index.html