The Law Offices of David E. Rohlf The Law Offices of David E. Rohlf 2026-09-30T16:51:35Z https://www.attorneylawrockwall.com/feed/atom/ WordPress /wp-content/uploads/sites/1103764/2024/04/cropped-David_E_Rohlf_site_icon-32x32.png On Behalf of The Law Offices of David E. Rohlf <![CDATA[Can a verbal agreement become a binding contract in Texas?]]> https://www.attorneylawrockwall.com/?p=256108 2026-09-30T16:51:35Z 2026-09-30T16:51:35Z You shake hands on a deal, start the work and expect the other person to keep their word. Then the relationship falls apart and someone says, “Nothing was signed.” That does not always end the matter. In Texas, some verbal agreements can form enforceable contracts, but the details of the deal and the type of transaction matter.

A verbal deal can still create a contract

Texas law does not require every contract to appear on paper. Your spoken agreement may be enforceable if you and the other party reached a clear agreement, exchanged something of value and intended to create obligations. Problems often begin when you and the other party remember the conversation differently. You may believe you agreed on a fixed price, while the other person says they only gave an estimate. A disagreement over a deadline, scope of work or payment terms can create the same problem.

Basic contract elements still matter

A verbal contract still needs the basic features of a valid agreement. You and the other party must agree on essential terms, and each side must give or promise something of value. Conduct can also help show what the parties understood. Payments, invoices, text messages, emails and work already performed may become important when a court tries to determine whether an agreement existed. If the other party may have broken the agreement, you may also need to consider your broader civil litigation options.

Some agreements must be in writing

Texas requires a signed writing to enforce certain agreements under its statute of frauds. This includes certain real estate contracts, leases lasting longer than one year and agreements that the parties cannot complete within one year. The rule also covers certain promises to pay another person’s debt. If your agreement falls into one of these categories, relying only on a handshake or conversation may make enforcement difficult.

Business sales have another writing rule

Texas has a separate rule for many sales of goods. In general, if you make a contract for goods priced at $500 or more, you need a sufficient writing signed by the party against whom enforcement is sought, although the law includes exceptions. This distinction may matter if your business deal involves equipment, inventory or other goods rather than services.

Gather records before the dispute grows

If someone challenges your verbal agreement, gather anything that shows what you discussed and how both sides acted. Save text messages, emails, invoices, payment records and documents showing that you completed the work or delivered the goods. Next, look at the type of agreement you made and whether Texas law required it to be in writing. Taking these steps early can help you understand whether the agreement may be enforceable and what options you have if the other party refuses to follow it.]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[How can custody work for a child under age 3?]]> https://www.attorneylawrockwall.com/?p=256105 2026-08-28T14:21:14Z 2026-08-28T14:21:14Z What the court considers The court looks closely at how each parent has cared for your child. It considers who provided care before and during the case and how separation from either parent affects your child. The judge also reviews how much contact your child has had with each parent. Your child’s health and daily routine also matter. The court considers each parent’s availability and the distance between your homes. These details help the judge set parenting time that works for your child at this age.

How the schedule changes with age

Texas law allows the court to increase parenting time in stages. This may work well when your child is very young or has spent little time with one parent. The court can start with shorter visits and add more time as your child gets older. When your child turns 3, another order takes over. Texas law presumes that the standard possession order will apply at that point. The judge can set different terms if the law and the evidence support another schedule.

Planning around your child’s needs

Consider how your child’s routine fits with the schedule you want to propose. You may want to note who handles daily care, how long trips between homes take and how your child handles handoffs. Keeping those details together can help you explain why a certain schedule works for your child and address a custody issue.]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[Is a will enough to protect my legacy?]]> https://www.attorneylawrockwall.com/?p=256101 2026-07-22T06:27:13Z 2026-07-22T06:27:13Z The more you build, the more your definition of legacy begins to evolve. Early on, estate planning may have felt like a simple task: write a will, choose beneficiaries and move on. As your wealth grows, however, you may begin to see your estate differently because it represents more than a collection of assets. It may include a family business, investment properties, financial security for future generations or opportunities you hope your loved ones will continue to build upon. That shift often leads to an important question: Will a will still accomplish everything you want it to? For people with larger or more complex estates, the answer is not always yes. While a will remains an essential part of estate planning, adding a trust can provide additional protection, flexibility and control that a will alone may not offer.

Why a trust may be the next step

A will forms the foundation of many estate plans because it allows you to name beneficiaries, appoint an executor and express your wishes for your property. Even so, it has limitations. A will passes through probate, which is the court-supervised process of administering an estate. Depending on the size and complexity of your estate, probate can delay the transfer of assets and create additional administrative burdens for the people you leave behind. A trust serves a broader purpose because it does more than direct how assets should be distributed after your death. It can also establish how those assets will be managed during your lifetime and after you are gone, creating a framework that reflects your wishes even as circumstances change. Depending on the type of trust you establish, it may help your beneficiaries avoid probate for trust assets, provide more privacy and preserve more control over when and how inheritances are distributed. These tools can create a more comprehensive estate plan that supports both your financial goals and the legacy you hope to leave behind.

Signs your estate plan may need more than a will

As your wealth, responsibilities and financial priorities become more complex, your estate plan should evolve alongside them. You may want to discuss a trust with an estate planning attorney if you:
  • Own multiple homes, investment properties or a closely held business
  • Have substantial investments or other high-value assets
  • Want to decide when or how beneficiaries receive their inheritance
  • Hope to simplify the transfer of assets to your loved ones
  • Want a plan for managing your assets if you become incapacitated
Every estate presents a different combination of financial objectives, family dynamics and long-term priorities. Choosing the right planning strategy requires looking beyond the value of your assets and considering how you want your legacy to support future generations.

Protect the legacy you have built

A will remains an important part of estate planning, but it may not provide every tool needed to protect a larger or more complex estate. Adding a trust can create a more flexible framework for preserving wealth and supporting the people who matter most. A Texas estate planning attorney can help you think beyond individual documents and build a strategy that reflects your family, your values and the future you want your wealth to support. ]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[When is sole custody the right choice for a child?]]> https://www.attorneylawrockwall.com/?p=256099 2026-06-29T08:43:04Z 2026-06-29T08:43:04Z After a separation or divorce, many parents share the same goal: giving their child as much stability as possible. Even so, deciding what that stability looks like is rarely simple. Some parents worry that sharing decision-making will create more conflict than consistency. Others wonder whether one parent should take on a larger role while still encouraging a meaningful relationship with the other parent.  In Texas, the legal term for custody is conservatorship. Although many people say "sole custody," courts refer to this arrangement as sole managing conservatorship. Learning how courts evaluate these cases can help parents make informed decisions while keeping their child's well-being at the center of every choice.

How Texas courts decide these cases

Texas courts decide conservatorship based on the child's best interests, not either parent's wishes. The law also starts with the presumption that naming both parents as joint managing conservators is usually in the child's best interests. That does not mean parents will share equal parenting time or equal decision-making authority. A court may still name both parents joint managing conservators while giving one parent the exclusive right to decide where the child primarily lives or to make certain major decisions. To order sole managing conservatorship, a court usually needs strong evidence that the usual approach would not protect the child's best interests. Cases involving family violence, abuse, neglect, substance abuse, abandonment or other serious concerns may support that result. By contrast, work schedules, distance between homes or everyday disagreements do not usually justify sole managing conservatorship on their own. Even if one parent becomes the sole managing conservator, the other parent may still receive possession and access when it benefits the child.

Questions parents should ask

Before seeking sole managing conservatorship, parents should consider whether it truly meets their child's long-term needs. Asking a few practical questions can help.
  • Are there concerns about the child's safety or well-being?
  • Can both parents make important decisions without ongoing conflict?
  • Which arrangement gives the child the most stability and consistency?
  • Can the child continue to have a healthy relationship with both parents when appropriate?
  • Could a customized joint conservatorship meet the child's needs instead?
Every family is different. The right arrangement depends on the facts of each case and what will best support the child.

Putting your child first

Sole managing conservatorship is the right choice in some situations, but it is not the best answer for every family. An experienced Texas family law attorney can explain your options, help you understand how the law applies to your circumstances and work toward a parenting arrangement that protects your child's best interests.]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[When does a misdemeanor get elevated to a felony in Texas?]]> https://www.attorneylawrockwall.com/?p=256097 2026-06-10T15:01:58Z 2026-06-10T15:01:58Z The line between misdemeanors and felonies Texas groups misdemeanors into three classes, with Class A as the most serious and Class C as the least. Felonies climb from state jail felonies up to capital felonies. Each level carries its own punishment ranges under the Texas Penal Code. A Class A misdemeanor can bring up to a year in county jail and a fine of up to $4,000. The lowest felony level, on the other hand, allows up to two years in a state jail facility. This demonstrates the importance of classification in a criminal case.

Common reasons for escalation

Elevation, often called enhancement, occurs when the law treats an offense as more serious because of specific facts. These can include:
  • A repeat offense, such as a third driving while intoxicated charge
  • Choking or suffocation allegations in a domestic setting
  • Use or display of a deadly weapon
  • Conduct directed at public servants, elderly individuals or children
Identifying the specific statutory mechanism driving an enhancement allows for an evaluation of whether the state’s allegations align with the factual record. This also lets the defense counsel scrutinize the prosecution's case and explore viable avenues for challenging the elevated classification.

Next steps after an upgraded charge

An enhancement is an allegation rather than a settled fact. The state still has to prove the elements that justify the higher classification. Plea negotiations can sometimes successfully reduce a charge to a misdemeanor level, while alternatives such as deferred adjudication or pretrial diversion can prevent a final felony conviction from remaining on your record. Reviewing the charging documents early often reveals whether the enhancement rests on solid footing. A prior conviction from another state, for example, may not match the Texas definition closely enough to support elevation. Consulting with an attorney before entering any plea leaves room to weigh those questions while options remain open. They can also assist with plea negotiations, deferred adjudication and pretrial diversion.]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[3 common mistakes to avoid during a divorce in Texas]]> https://www.attorneylawrockwall.com/?p=256094 2026-05-08T13:05:28Z 2026-05-08T13:05:28Z Hiding assets or being dishonest One of the biggest mistakes you can make is attempting to hide assets or provide false information during divorce proceedings. Texas courts generally require full financial disclosure from both parties. Dishonesty could have serious consequences. If the court discovers you have concealed property, bank accounts or income, it might award a larger portion of the estate to your spouse to achieve a “just and right” division. Courts typically award your spouse a share of the value you hid or depleted. It may help to gather complete financial records and be transparent about all assets and debts. Honesty and openness not only keep you in good standing with the court but also help ensure a fair division of property.

Letting your emotions affect your decisions

Allowing feelings of anger or betrayal to cloud your judgment may lead to outcomes you might regret. You might feel tempted to fight over items with little financial value simply to hurt your spouse. However, this may increase legal fees and prolong the divorce process. Consider focusing on your long-term goals rather than achieving short-term satisfaction. Take some time to think about what truly matters for your future financial security and well-being. Cooling down before making major decisions and seeking support from a therapist or counselor could provide you with clarity and peace of mind.

Neglecting to update your estate plan

After finalizing your divorce, it might help to review and update your estate planning documents. Many people forget to change beneficiaries on life insurance policies, retirement accounts and wills. Texas law generally revokes beneficiary designations and will provisions in favor of an ex-spouse by operation of law. However, federal laws such as ERISA typically govern many employer-sponsored retirement accounts, including 401(k)s and pensions. These laws could override state protection, which means your spouse might receive certain assets in the divorce. To ensure full protection, you may want to consider updating all beneficiary designations yourself rather than relying solely on state law. You might want to create a checklist of documents that need updating, including your will, power of attorney, medical directives and any trust documents. Addressing these changes promptly could ensure your wishes are properly reflected and protect your loved ones.

Protecting your interests during the divorce process

The choices you make during your divorce have the potential to shape the foundation of your future. By being honest about assets and updating your estate plan, you may protect both your assets and emotional well-being. Making informed decisions could make it easier to start a new chapter in your life after separating from your spouse.]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[4 reasons why every Texan needs a durable powers of attorney]]> https://www.attorneylawrockwall.com/?p=256092 2026-04-13T16:21:54Z 2026-04-13T16:21:54Z Many Texans assume a spouse or adult child can step in and manage their finances during a medical emergency. However, without legal authority, they often cannot. Banks may freeze your accounts so your family may struggle to pay the bills. Your loved ones could lose access to the funds they need to care for you. Fortunately, there is a straightforward way to make sure that never happens.

What is a durable power of attorney?

A Durable Power of Attorney (DPOA) gives you the power to designate someone you trust to step in and handle your financial decisions when you can no longer do so yourself. In Texas, this document stays valid even if you become incapacitated. You can choose to make it effective immediately, or you can set it to spring into effect only after a doctor certifies that you can no longer make your own decisions. Simply put, a DPOA is a proactive way to stay in control of your finances even when life takes an unexpected turn.

Four benefits of having a DPOA in Texas

Now that you understand what a DPOA is, it is equally important to understand why having one matters especially in Texas, where family ties, property and financial responsibilities run deep. Here are four reasons why a DPOA should be part of your estate plan:
  • It keeps you out of court: Without a DPOA, your family may have to petition a Texas court to appoint a guardian, a process that is expensive, time-consuming and emotionally draining for everyone involved.
  • It keeps your finances moving: A DPOA ensures your family pays the bills on time, keeps your bank accounts active and manages your property properly, so they never have to scramble during an already difficult time.
  • It protects your assets: The law requires your agent to act in your best interest, which shields your home, savings and other assets from mismanagement or financial abuse.
  • It works for your Texas lifestyle: Whether you own a ranch, receive oil royalties or run a small business, you can tailor your DPOA to protect what matters most to you and your family.
Together, these four benefits show that a DPOA is not just a legal document, it is a practical shield for your family and your estate. The good news is that getting one is easier than you might expect.

Take the first step toward peace of mind

With so much at stake, taking even one small step today can make a world of difference for the people you love. A DPOA is one of the most thoughtful decisions you can make  for yourself and for those who depend on you. You cannot always predict what tomorrow holds, but you can prepare for it. Thus, understanding your options is the first step and the right guidance can make that process feel far less overwhelming than you might think.]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[3 key benefits of divorce mediation]]> https://www.attorneylawrockwall.com/?p=256081 2026-03-02T09:57:16Z 2026-03-02T09:48:03Z It is less expensive When you choose litigation for your divorce, it will involve formal hearings and varying timelines that may be outside of your control. Since you are paying for your legal fees and court costs, your divorce can become expensive to manage. Mediation typically takes a few hours to complete, helping you avoid many court-driven expenses. Even if the process requires you and your spouse to hire your own lawyers, mediated settlements often reduce the overall costs because the negotiations are more focused.

It offers flexibility and control

In mediation, you and your spouse will have a neutral mediator who will help you discuss your disagreements outside of court. Unlike a judge, who determines outcomes based on law and limited facts, a mediator can help both parties draft an agreement that can reflect their priorities. Since the document is tailored to your family’s unique needs, it can provide the both of you with better flexibility to create solutions for key matters like asset division, custody, and/or spousal maintenance.

It gives your family privacy

Court proceedings are public records. In mediation, your family’s history and other sensitive information are kept out of public files. This privacy can help protect your reputation and your children from unnecessary disclosure. Aside from this, the confidential nature of mediation can offer you and your spouse a safer space for honest conversations, which can lead to more durable agreements.

By learning the benefits of mediation, you can weigh your options better

While mediation may not be ideal for everybody, it can provide you and your spouse with a humane path through divorce. By prioritizing your family’s privacy and rooting for a tailored approach, your mediation process can help provide you with a settlement that can support your respective goals for the future.]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[3 standard requirements when drafting a will]]> https://www.attorneylawrockwall.com/?p=256079 2026-01-28T21:37:39Z 2026-01-28T21:37:38Z 1. A written instrument Digital technology makes it possible for people to communicate with audio recordings or through video footage. Video and audio recordings can be useful supplementary materials to a will. Testators can leave recordings speaking to their loved ones and explaining some of their choices. However, recordings cannot serve as testamentary instruments. A will must be in writing to be valid and enforceable.

2. A competent testator

Generally speaking, anyone over the age of 18 may have the necessary legal authority to draft a will. Teenagers who have pursued emancipation from their parents may also have testamentary capacity. However, serious medical challenges can undermine testamentary capacity and lead to questions about the validity of a will. Individuals may want to see physicians to validate their mental state and ensure there are records of their competency if they review or draft wills later in life.

3. Two credible witnesses

The law also requires that other people witness the signing of the will. They must be 14 years old or older. This obligation minimizes the possibility of fraud or undue influence exerted for personal living. Best practices include choosing uninterested witnesses who do not stand to inherit from the estate. Witnesses can later testify in court if there are questions about a person's identity or their mental state at the time of the will’s creation. Understanding and complying with the minimum requirements for a valid will can help people more effectively control their legacies and minimize conflict about their estate plans. The guidance of an estate planning attorney generally makes it easier for adults to draft wills that meet all regulatory requirements.  ]]> On Behalf of The Law Offices of David E. Rohlf <![CDATA[Was a search conducted by police officers illegal?]]> https://www.attorneylawrockwall.com/?p=256077 2026-01-10T19:12:21Z 2026-01-10T19:12:21Z Police officers respond to reports of criminal activity and investigate situations that appear to include criminal elements. Police officers often gather the evidence that prosecutors require to bring charges against individuals.  To secure evidence, police officers physically search homes and vehicles. They may pat down individuals. They often review financial and telephone records to secure evidence of criminal activity. They may talk to the person suspected of a crime and anyone in their inner circle in their attempts to prove that a crime occurred.  Defendants and their defense attorneys typically have the right of discovery during criminal proceedings. The state must provide them with access to the evidence the prosecution may present during a trial. In some cases, the defendant may claim that police officers broke the law or violated their rights by conducting an inappropriate search. Such claims can have a profound impact on the outcome of criminal proceedings. 

When is a search inappropriate?

The Fourth Amendment largely protects people in the United States from unnecessary searches and property seizures. Police officers intending to search vehicles or private property, including residences and businesses, often need warrants to ensure the legality of their searches.  Occasionally, the police may search without a warrant if they have probable cause. They need to be able to articulate a suspicion of specific criminal activity to justify searching without a warrant. In scenarios involving a pat-down or bodily search of an individual, police officers need to have a credible suspicion of a dangerous weapon or to conduct the search after they already have probable cause to justify an arrest.  Searches that occur without probable cause or permission may violate the rights of an individual, which could have a profound impact on the upcoming trial. 

Lawyers can suppress ill-gotten evidence

If police officers violate an individual's rights by conducting an unlawful search, the prosecutor may not be able to use the evidence obtained during that search. A defense attorney can invoke the exclusionary rule and ask the courts to suppress evidence obtained through inappropriate searches.  The suppression of evidence can sometimes lead to the dismissal of pending charges. Other times, evidence suppression can make it much easier for the defense team to raise a reasonable doubt about the prosecutor's claims.  Discussing the conduct of police officers and suspicions about inappropriate searches could help defendants assert their rights. An illegal search could ultimately prove beneficial for a defendant hoping to fight their criminal charges.]]>