Hiring: Associate Attorney for Dallas TX Law Firm
The Nacol Law Firm, PC, a highly regarded law firm that has been well established in the Dallas, TX area for well over 30 years, is looking for an associate attorney to join the partners in civil, family, and real estate law matters. We are seeking an associate capable of supporting our clients in court cases and other kinds of adversarial legal proceedings such as mediations, arbitrations and administrative law proceedings, including but not limited to motion practice, briefing, discovery dispute, trial preparation, temporary order hearings, injunctive hearings, and depositions.
Candidates must have a JD degree from an ABA-approved law school to be considered for the position.
This opportunity requires daily in-office presence at our Dallas Office (i.e., not remote) from 8:00 a.m. to 5:00 p.m. Monday through Thursday and 8:30 a.m. to 5:00 p.m. on Fridays.
Responsibilities:
• Aiding and assisting lead attorneys and partners with motion practice, discovery, motion hearings, and trial preparation.
• Conducting research using legislation, case law, and other legal texts as sources.
• Performing new client intake consultations.
• Attending temporary orders hearings, depositions, mediations, summary judgment hearings, and other contested matters.
• Leading and supporting state/federal cases as well as arbitrations.
• Delegating tasks to appropriate staff
• Preparing cases for success in mediation, depositions, trial, and arbitration.
• Communicating with opposing counsel and with court staff.
• Managing a heavy caseload.
Qualifications/Skills
● Juris Doctorate degree from an ABA-approved law school.
● Excellent academic record.
● Active member in good standing with the State Bar of Texas (lateral candidates from other jurisdictions will need to sit for the next bar exam).
● Strong research, writing and analysis skills as well as the ability to demonstrate initiative, keen attention to detail, and the interpersonal skills to work well as part of a large, collaborative team.
● Ability to interface directly with clients.
● Exceptional written and oral communication skills.
● Strong decision-making, problem-solving, and organization skills.
● Must have experience drafting motions, summary judgments, and original petitions, arguing law and motion matters, and taking and defending depositions.
● 2-4 years of experience in civil litigation, family law, and real estate law is preferred, however, we are willing to train a candidate with less experience should they have the necessary qualifications. You will be responsible for managing an assigned docket. Duties will include reviewing records, conversing with experts, propounding and responding to discovery, filing lawsuits, preparing clients and presenting them for depositions, mediation, motion hearings, and assisting with bench trials and jury trials.
● Proficient in Microsoft Office Suite, Adobe Acrobat, and MyCase.
Compensation
● Salary and benefits are negotiable and based on experience.
Send resume to Julian Nacol or call 972-690-3333.
The Nacol Law Firm, PC is an equal opportunity workplace and is an affirmative action employer. We are committed to equal employment opportunities regardless of race, color, ancestry, religion, sex, national origin, sexual orientation, age, citizenship, marital status, disability, gender identity, or Veteran status.
The Employment Agreement
Generally, Texas is an “at will” state which gives few rights to the employee that are not created by statute or governed by labor regulations.
The employment contract is one of the most important contracts used in business today. It is the employment contract that sets out the terms on which a company hires an individual or an individual hires a company. If properly prepared, the contract is a legally binding agreement.
Contract terms can come from a number of sources and can include the following:
- Verbal agreements
- Agreements in writing or document form
- Agreements required by law
- Implied – not written but understood to exist
- An offer letter
- An employee handbook
- A company notice board
- Collective agreements
Wrongful dismissal is a breach in the way the employee is dismissed, i.e. without being given proper notice or following the procedures as set out in the contract.
In order to change a contract, there must be an agreement between the parties. Under certain circumstances, the employer may need to make changes to the contract because of economic circumstances. Things that might change include:
- Rate of pay
- Work time
- Duties and responsibilities
- Work Location
- Correcting an error in the contract
- Disciplinary action – check disciplinary procedures to make sure this is done properly
Employees may ask for a change in a contract to:
- Improve their work environment
- Get a raise in pay
- Get more vacation or holiday time
- Change work hours
A breach of the contract occurs when either the employer or the employee breaks a provision of the contract. A breach may be the result of a verbal or an oral (implied) agreement. If you think a breach of contract has occurred, it is best to take the problem to the employer first and attempt to work out a solution. If you decide to take legal action, remember you will need to prove financial loss in order to get compensation. Damages are based on net pay (after taxes) not gross pay. Legal action may prompt the employer to counter sue, if the employer thinks it has a legal ground. An employer has the legal right to sue the employee for damages just as the employee has the right to sue the employer.
The Nacol Law Firm PC
Law office of Dallas Attorneys Mark Nacol and Julian Nacol
Serving clients in the Dallas – Fort Worth Metroplex area for over 30 years
Tel: 972-690-3333
Divorce in Texas with a Special Needs Child
Divorces with children are painful and emotional under the best of circumstances, but a divorce with a “Special Needs Child” is usually a very complex and mentally stressful situation for all family members involved.
The main goal in a “Special Needs” divorce is that all decisions affecting a child with disabilities must be in the “Best Interest of the Child.”
What is the “Best Interest of the “Special Needs Child”? Often this is the very reason that the parents are divorcing. The parents cannot agree on the existence of a disability or the best approach needed for care and support for their special needs child. Many times a medical/neutral professional will need to be involved to help the parents transition the new “after” divorce life of the child and parents.
When working with parents of a “Special Needs Child”, our attorneys focus on the most critical issues impacting the child and the family unit.
Some of these important issues are:
- Keeping the relationships between the family members agreeable in making the necessary decisions concerning visitation and transitions between both parents’ homes. You child needs contact with both parents unless there is an abuse or addiction issue or the other parent’s home is an unsafe environment for the “Special Needs” Child.
- Agreed upon health and medical care issues including special therapies to address the child’s needs. Let the child know that both parents are in agreement on the care for the child.
- Special social and recreational opportunities and appropriate educational programs are available for the child and her/his disability and should be agreed upon by both parents, if possible.
- Coordinate structured and regular visitation dates with same place drop off points. Give your child a calendar with visitation dates and let her/him be prepared to visit the other parent.
- Helping the parent to find a support group of family, friends, counselors and neighbors to help your family with your “Special Needs” Child. This help may come in many forms, mental and physical support, financial planning or just a good hug to say “you are ok”.
What is very important in a “Special Needs” Divorce is to realize what is “normal” in most divorces may not be the norm here. There are many important situations that will have to be resolved before the divorce can be finalized. The divorced parents of the “Special Needs” Child will continue to have to work together for what is best for their child.
Other serious considerations to settle:
- The transitions after a divorce on living arrangements and visitations for the child. It will be difficult to use a standard visitation schedule and a special parenting plan will have to be agreed upon to meet all of the child’s needs.
- The divorce decree will have to be custom designed to make sure the needs of the child will be met for the child’s entire life. The final divorce decree may have to be modified for the child’s benefit.
- Be knowledgeable of the financial aspect of your “Special Needs” Child. What type of care will be needed on a daily basis and will one parent have to give up all monetary benefits from employment outside of the home to take care of the child.
- List all expenses of raising this child: medical costs, food for special nutritional diets, special medical equipment needed for use of child, special schooling and transportation needs. This is very important to make sure the needs of the child will be met.
- Spousal Maintenance/Alimony: this amount must be worked out to ensure the caregiving parent will be able to afford all need of the child and their household. Many times this parent will not be able to work out of the home because of the constant care for the child. This will usually continue for the entire life of the child, so the divorce decree will have to reflect this continued support and cost of living changes.
When choosing a qualified lawyer for your “Special Needs” Divorce, it is important that the lawyer is familiar with what is involved with this type of divorce and understands the importance of tailoring a custom decree that will fit the best interest of the child and family situation for the duration of the child’s existence. It won’t be easy, but if the parents will work together, it can be achievable!
Social Networking: Did you Say it or Show It? Then You Have to Defend It!
Social media provides everyone with a digital treasure trove of information. Always remember what you post online can and often will be used against you.
Approximately 302.35 million or 90% of all adult internet users in the United States actively use Social Networking sites daily. A new 2023 Hootsuite survey shows an average American user spends 2 hrs. and 31minutes daily on social networking. This usage amount is the Highest Record ever recorded! Social networking is considered the most popular online activity. When posting on Facebook, TikTok, or other social networking sites, just remember the updates you post can cause serious problems when searching for a job, starting a new relationship, or during involvement in a legal issue or lawsuit!
People are now sharing everything online. Can this get you in trouble? YOU BET!! Social networking technologies have forced people to learn how to navigate the murky waters between business and pleasure. Such a mixture creates a “Permanent Record” on social /90% private issues and sharing it with their “multi” friends online and “Advertising their Product” for all to see. Social networking sites can provide anyone who is confused, angry or distraught with a perfect venue for airing their gripes and disclosing their feelings in public!
Evidence from all social media sites is now used by prosecutors, defense attorneys, personal injury attorneys, employment attorneys, securities litigators, and particularly family law attorneys. An American Academy of Matrimonial Lawyers survey found that 81% of divorce attorneys have increased their use of social media to find evidence against the opposing side. The main source of information is Facebook, with attorneys citing it as the source for incrimination information.
A Wide Variety of Evidence?
1. Incriminating photos
2. Incriminating statements and wall posts
3. Status Updates
4. Mood Indicators
5. List of Friends
6. Login/Log off records for example: not able to work, alcohol/drug use, intimate issues).
How to Preserve Evidence from Social Media Sites?
1. Capture a full content screen shot with full key metadata information of web site to prove authenticity!
2. Print any pertinent information ASAP since it may be deleted by user
3. Well-tailored discovery requests to the person.
4. Motion compelling the user to execute a consent form permitting the discovery
seeking party to obtain the profile contents.
5. Check all Social Media platforms for pertinent information. Be sure not to miss some nugget of information that could help win your case!
How to Authenticate Evidence from social media?
1. Stipulation
2. Admission from author/poster.
3. Testimony from person who copied information.
4. Capture a full content screen shot with full key metadata information of web site to prove authenticity
Think about these Situations before using social media to sound off:
1. If you share a computer with a spouse or business partner and there is a potential break up; create a new web-based email address with a new password to ensure no other unauthorized access.
2. Don’t forget the children! Always more tech-savvy than mom and dad, monitor children to ensure information related to divorce proceedings or family problems do not become part of the internet!
3. Never make online references to finances. No big trips, bonuses or raises at work. This could affect your case adversely.
4. Always be careful with third- party conversations. The internet has many eyes and not just your friends.
The advance and reach of social media force our legal system to adapt quickly. Legal professionals now have very good new sources for evidence and discovery.
Just consider the implications of this technology before you vent out online. It could and will be used against you in a Court of Law!
Nacol Law Firm P.C.
Dallas Texas Civil Litigation Attorneys
Call (972) 690-3333
Texas Home Owner Associations Given Limits by State Legislation
Texas legislation has limited the control that the home owners associations have when pursuing foreclosure. The restrictions that have been placed on home owners associations are aimed to help assist homeowners that are delinquent on their specific payments. The provisions enclosed within the legislation help the homeowners that are down on their luck in multiple ways.
1.) In order for a HOA to foreclose on a house they need a court order
2.) The foreclosure on a person’s home cannot commence until 60 days have lapsed after written notification
3.) The debt due can also be repaid by an alternate payment plan
The ability of the HOA to foreclose on an individual’s house is no longer absolute. New legislation provides for the HOA to lose its ability to foreclose on individual properties if 67% of the homeowners decide to rid this right of foreclosure from HOA power. All of these new stipulations have been ushered in to protect people from abuse by their own HOA. HOA is now more restricted in power and use of such power.
The HOA must maintain policies that require documentation of mortgages and outstanding payments. If the HOA has no policies instituted for document retention they cannot charge homeowners for the cost of retrieving the documentation individually. The HOA must allow for an annual meeting as well. If a demand for a meeting is not upheld by the HOA then a re-election of the board members can be initiated. The voting aspect of HOA has been revised as well. A homeowner may vote in proxy, by absentee ballot, or by an electronic ballet, however all ballets must be in writing and signed.
All of these rules have been implemented to help protect homeowners from HOA wrongful oppression. Foreclosures have been epidemic in Texas with HOA’s foreclosing on people’s properties without any or with inadequate warning for individuals to respond and protect themselves. These new laws help level the playing field and give homeowners’ safeguards against the wrongful whims or abuse of power of the HOA.
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
Office Hours
Monday – Thursday, 8am – 5pm
Friday, 8:30am – 5pm
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
