Skip to content
The Summit Law Firm Counsel · Advocacy · Mediation

Frequently Asked Questions

There are no silly questions when it comes to the law

Answers to some of the questions we hear most often. Don’t see yours? Just ask — we’re happy to help.

General Questions

What sets The Summit Law Firm apart from other law firms?

We are committed to cost-efficient legal and mediation services. We include the client in every step to keep things transparent, and we actively manage costs by making sure every action is targeted at achieving your specific goals.

Why does The Summit Law Firm post prices online when the big firms don’t?

Integrity is one of our core values. Where large firms rely on complex billing and opaque pricing, we prioritize client consent and predictability. As a modern solo practice, we cut out administrative overhead and pass that efficiency on to you — so you understand the value and the cost before we begin work.

Why are attorneys so expensive?

The biggest driver is the cost of education. In 2024 the average law-school graduate owed at least $130,000 in student debt, and many owed far more. Roughly 71% of law students graduate with significant debt.

Real Estate Law

Do I need a deed if I am buying or selling real estate?

Yes. If you are buying or selling property you should have a deed prepared and record the transaction with the county where the property is located. Texas uses several deed types, including a General Warranty Deed, Special Warranty Deed, Transfer on Death (“Lady Bird”) Deed, Quitclaim Deed, and Deed of Trust.

What is the “warranty of habitability”?

The warranty of habitability is an implied warranty in residential leases in most jurisdictions, including Texas. It requires the landlord to keep the property habitable even when the lease does not specifically require repairs. A tenant’s obligation to pay rent is tied to the property’s habitable condition, and the tenant may be able to withhold rent if the home falls below required standards. At minimum, habitability means compliance with local housing and building codes.

What is the warranty of good and workmanlike construction?

This implied warranty requires the builder of a construction or renovation project to ensure the work is performed by people with sufficient knowledge, training, and experience to produce a habitable building. As an implied warranty it cannot be waived, and the concept has extended to other fields where consumers expect qualified work.

Should I get an inspection?

Yes — get your own inspection even if the seller already has a recent one. Hire a high-quality inspector (your attorney can recommend one). A good inspector checks commonly overlooked issues and can reveal hidden defects, potentially saving you thousands in repairs.

What if my home has a defect?

Consult an attorney. Depending on the cause, the damages may be the responsibility of the builder or the result of a manufacturer defect in the materials.

What if my landlord won’t make repairs?

First, consult your lease — for both commercial and residential leases, the lease usually determines each party’s rights and repair obligations. If your landlord refuses to make repairs they are obligated to make, you may be entitled to withhold rent, terminate the lease, or pursue other claims. An attorney can help you confirm your options.

Business Law

What is business law?

Business law is a broad term covering the rules, statutes, codes, and regulations that govern commercial relationships and the legal framework businesses operate within. It includes formation and organization, transactional work (contracts), business planning, negotiations with vendors and suppliers, mergers and acquisitions, divestitures, and dispute resolution.

What is the difference between an LP, LLP, PLLP, LLC, PLLC, and a corporation?

Choosing the right entity depends on several factors — protection of your personal assets, the tax treatment of each structure, whether you must register as a professional service, and your plans for future expansion or acquisition. An attorney can help you determine which entity fits your situation.

What is an assumed name?

An assumed name — also called a “doing business as” (d/b/a) or trade name — is essentially a nickname your entity becomes known by in the marketplace. It is useful for long or technical official names. Assumed names can be registered at the county or state level. Registration is not required, but it is best practice to record yours to prevent conflicts later.

What is a non-profit?

A non-profit is a formal organization that complies with the statutes governing non-profits — including that none of its income may be distributed to members, directors, or officers. These are often called non-stock corporations and include churches and public charities, educational and sports organizations, legal aid societies, professional associations, and volunteer services.

What can I do to protect my business?

Start by assembling a team of professionals: business attorneys, accountants, and insurance agents at a minimum, plus business consultants and market experts as needed. Together they help keep you protected legally, keep your finances in order, and insure against unforeseen obstacles.

How often should a business hold meetings and update its minutes?

Most states require corporations to hold a board meeting at least once a year to review the past year and set strategy for the next. Best practice is to meet quarterly and to record any shareholder decisions in the meeting minutes.

Civil Litigation

How does the civil litigation process work?

Civil litigation is usually slow and complex, often involving months or years of discovery, inspections, motions, and hearings — sometimes among many parties — and costing thousands to hundreds of thousands of dollars. Most cases settle before reaching a judge or jury, but often after significant fees. If your case does go to trial, both sides present their claims and evidence and the judge or jury renders a decision. Be prepared for even a small-claims matter to take several months.

Can I file a materialman’s / mechanic’s lien for work I performed or materials I provided?

Possibly. It depends on several factors, including whether you were an original contractor or a sub-contractor and when the work was performed. Even without a lien, you may have other claims such as breach of warranty or unjust enrichment.

What can I do if someone is posting false negative reviews about my business?

Americans have broad free-speech rights, but when speech becomes harassing or involves false or negligent statements about a person or business, it may rise to defamation (slander and libel) and business disparagement. If someone publishes private information about you or statements that are untrue, you may have a claim to recover damages.

Can I get my attorney’s fees back?

Sometimes. If your contract has a “prevailing party” clause, you may have a contractual right to recover fees if you win. In Texas, certain claims also carry a statutory right to recover fees. Be aware of the risk: if you lose, you may end up paying the other side’s fees as well as your own.

Don’t see your question?

Click below to ask us directly.

Ask a question

Ready for your free consultation?

Discover how The Summit Law Firm can help you reach new heights. No pressure, no hourly meter — just a straight answer about your situation.