Articles Tagged with civil litigation

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Litigation-imagesWhen speaking with an attorney about how to defend yourself in a lawsuit, or how the defense may counter any claims they may bring as a plaintiff, you need to be informed of the different kinds of defenses the other side may have. One type of defense is called an “affirmative defense”. An affirmative defense is different from a general denial. A general denial. A general denial, in its most basic form, puts all the allegations in the plaintiff’s original petition at issue. That is why it is called a “general denial” because you are denying each and every, all and singular claims that the Plaintiff has brought against you. By filing a general denial, you have “answered the cause” and the Plaintiff will then be required to prove each and every element of his claims. In addition to the general denial, you may also bring affirmative defenses as well in the same Answer with the court. In some cases, it may also be required that you answer “with specificity” and you may do so by naming specific claims that the Plaintiff has brought against you and deny each of those claims individually and present facts in your Answer that support those specific denials. However, this article focuses on affirmative defenses, how they can be used and why they can be so effective. If you have any questions about any defenses you may have after you have been sued, contact the experienced civil litigators at Guest and Gray, P.C.
WHAT IS AN AFFIRMATIVE DEFENSE?
An affirmative defense “seeks to establish an independent reason that the plaintiff should not recover” and is “thus [a defense] of avoidance, rather than a defense in denial”; that is, it is a defense of confession and avoidance. In re C.M., 996 S.W.2d 269, 270 (Tex. App.—Houston [1st Dist.] 1999, no pet.); Great Am. Prods. v. Permabond Int’l, 94 S.W.3d 675, 683 (Tex. App.—Austin 2002, pet. denied).
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Scales-300x132Guest and Gray, P.C. is proud to be the largest and most highly rated law firm in Rockwall and Kaufman counties. A big reason for that is we offer a wide variety legal services and unparalleled customer service.We are longtime faces in the community and our most of our attorneys grew up right here in Kaufman and Rockwall county. The benefits you receive from a law firm like ours is that you have the resources of a larger firm but in your hometown. So, if you have legal problem and do not know where to turn, you need to turn to Guest and Gray, P.C.  Our focus is first and foremost on the client and fighting to obtain the best possible outcome for your case.

We are also the largest law firm in Rockwall and Kaufman counties and because of that we have the resources and staff to help our clients in manner different types of legal issues. We have attorneys dedicated to different types of practices as opposed to a solo practitioner who practices about 10 different areas of law everyday. We call ourselves a “full-service” law firm for a reason. We feel that the size of the firm and the fully staff offices provide clients with excellent representation to meet your legal needs, no matter what the case.

What Does It Mean To Be a Full Service Law Firm?

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Business-Law-PicForney, Rockwall and Terrell are experiencing residential and commercial record growth. Over the summer, the Terrell chamber of commerce celebrated the fact that there were over 500 members of the Terrell Chamber of Commerce. Rockwall is the largest city in the area with over 100,000 in population and boasts thousands of businesses, both large and small. Business is booming.

Many small businesses are experiencing huge upticks in sales and are struggling to deal with their growth. They have never had to think of themselves as big players before. Maybe you are one of those local businessmen and woman. It can be hard to balance both the administrative and operational roles in your business. Maybe you have operated as a sole proprietorship for many years, but as your business has grown, you’re growing more concerned with potential liabilities associated with your business and need to know more about what your options are: should I incorporate? What are the benefits of becoming an LLC? How can I protect my assets against an adverse judgment?

Those are questions that your local attorneys at Guest and Gray can answer. We can help you plan out a business structure that works best for you and your business and provides you the best protections that the law will provide.

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GuestandGrayPic-300x88Guest and Gray Law Firm is the largest, most highly rated local law firm in Kaufman and Rockwall Counties. Why? Because we are litigators who fight for our clients. We are not just a bunch of local guys who went to law school and decided to come back home to practice. We love where we live and we love the people here.

Our main office is located in old downtown Forney inside the old bank building. If you have driven through old downtown, then you know us. You’ve seen the big gray building with big “Guest & Gray” letters on the front. We also have an office near the Rockwall Court Courthouse in Rockwall to serve our growing needs in Rockwall. Both Rockwall and Forney are currently experiencing growth never before seen in this area. With unprecedented growth, both Rockwall and Forney are having to deal with problems they have never had to face before.

This growth has created a need for experienced local attorneys who know the lay of the land. When you have a local problem, you need a local attorney. Here at Guest & Gray we are proud to say that we have answered that call. Case after case, we effectively resolve the issues our clients are facing. No legal problem is too big or too small. No matter what your litigation needs are, they are important to us. Why? Because the people of Rockwall and Kaufman county are important to us.