write a findings of fact and conclusion of law 1-7-13 Customer Question I am asked to write a findings of fact and conclusion

of law for a consumer debt case, and I have never done that before. Do you have some guidance for me on the case? I am licensed in Texas and it is for the 17th Judicial District Court. I will pay the fee to prepare the document. Thank you. State/Country relating to Question: Texas Accepted Answer Hello Counselor. Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question. 1. I am a licensed Texas attorney with civil Litigation and consumer protection law experience including motion practice. I will be glad to try and answer your question . I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. It is truly an honor to handle an inquiry from a fellow member of the Bar. 2. "Do you have some guidance for me on the case?" Yes. In another setting, I would have gladly negotiated the job with you. Unfortunately, however, we legal experts working in this forum are prohibited from directly accepting cases or engaging in referrals to named counsel. That being said, however, it is my pleasure to try and point you in the right direction. I will work under the assumption that you are entirely new to this area of practice, by which I mean no offense is such is not true. 3. As a starting point, I would recommend acquainting yourself with the governing procedural provisions, namely Texas Rules of Civil Procedure 296 299(a). Please scroll down to nearly the end of the pdf document. Additionally, it would be wise to familiarize yourself with the guidance found in the Tarrant County Local Rules, both General and Civil. These are all rather general, but it is always good to keep in mind any particular requirements concerning formatting and submission of documents, etc. Also, I like to consult the Rules to remind myself of who bears what burden as to persuasion, what time lines govern, etc. 4. As to the mechanics, as with many things there is quite a difference between say Federal District Court (where the Judges are quite apt to author lengthy opinions and rulings) contrasted with a typical State District Court (where the Rules frequently reference "the Court" issuing this or that, which of course means the lawyers do all the work and "the Court" simply affixes its signature thereto). There is a good deal of difference in approach, so I would like to share two examples of which I consider to be excellent (albeit rather different) samples (note the first one is from a Travis County case): (1) No.

GV-100528 250th District Court; and (2) No. W296-80233-90, 366th District Court. 5. Finally, to wrap it all up, I would strongly encourage you to locate a copy of Findings of Fact & Conclusion of Law: Do They Really Matter. I think it would be obtainable from any Texas law library or from the author (contact information is listed on the title page). With a bit of searching, I have no doubt you could purchase an entire copy online for a modest fee. In my estimation, this work authored by David E. Keltner is very nicely done and definitely warrants a read. Another really excellent resource is Strategic Findings of Fact and Conclusions of Law. This production by Russell H. McMains (available in its entirety by clicking the link provided) gets rights to the point and really provides a nice overview. 6. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope that my input provides at least some guidance to you in this endeavor. I wish you only success in crafting your argument and drafting your pleading. I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome. If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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