We represent businesses and individuals in federal and state courts in many areas of commercial litigation, including contracts, real estate, creditor’s right, probate litigation, and guardianships.
We work closely with our clients in an effort to evaluate and minimize litigation risks, and to resolve disputes through informal settlement negotiations, mediation, and other forms of alternative dispute resolution. Whenever these methods fail to achieve satisfactory results, we aggressively represent our clients in jury and non-jury trials in state and federal courts and arbitration.
Michael Jones, our litigation partner, is board certified in Civil Trial Law by the Texas Board of Legal Specialization and has tried over forty jury and non-jury trials in state and federal courts in Texas and in federal courts in other states.
We represent our clients in disputes arising out of contractual agreements, including leases, sales and purchase contracts, partnership agreements, employment contracts and agreements containing covenants not to compete. We also have significant experience in disputes governed by the Uniform Commercial Code.
We assist creditors in all aspects of creditor’s rights and collection lawsuits in state, federal and bankruptcy courts. We have assisted our clients in collecting amounts due under numerous legal obligations, including:
- promissory notes
- deeds of trust and mortgages
- suits on accounts for goods and services
- mechanic’s and materialman’s liens
- security agreements and stock pledge agreements
We have experience representing secured creditors in enforcing their security interests in state and federal court and in bankruptcy courts. We also defend clients against claims alleging violations of consumer protection statutes such as the Fair Debt Collection Practices Act, the Texas Fair Debt Collection Act and the Federal Fair Credit Reporting Act.
Collection of Judgments
Obtaining a judgment is one thing, but enforcing a judgment in Texas takes a completely different set of skills. We use all available pre-judgment and post-judgment collection remedies to enforce out client’s rights. We use tools like garnishments, sequestrations, personal and real property executions, and judgment liens to collect the money you deserve.
If you wish to enforce a judgment from outside the state of Texas, we can help. Also known as sister judgments or foreign judgments, we can help you collect a judgment from any state or federal court.
Real Estate Litigation
Our attorneys have been involved in all aspects of real estate litigation. The firm has successfully represented property owners and management companies in lease disputes. If you are involved in a dispute involving real estate in Texas, we can help.
Our experience in real estate litigation also overlaps substantially with our experience with banking litigation. The firm has successfully defended lenders in connection with real estate financing transactions. The firm has also represented lending institutions in judicial foreclosure actions, non-judicial foreclosures and subsequent deficiency actions against obligors and guarantors.
Partner and Shareholder Disputes
Partnership and shareholder disputes arise for many reasons, including disagreement over business decision, dividend or cash distributions, a partnership or shareholder agreement or a breach of fiduciary duties. Our attorneys are experienced in handling various partnership disputes and defending the rights of our clients when they are facing unresolved issues with a partner. We have experience in representing clients in the following areas:
- Partnership disputes: limited partnerships (LP), general partnerships (GP), or limited liability partnerships (LLP)
- Shareholder disputes
- Usurpation of partnership or corporate opportunities
- Business disparagement
- Breach of fiduciary duties
Probate and Probate Litigation
We represent clients in probating wills, probate litigation, and will contests. Probate, probate litigation and estate proceedings normally divide and distribute assets that took a loved one a lifetime to accumulate.
The identification, division, distribution and liquidation of probate assets can be complicated. If family members dispute the terms of a will, additional confusion and complexity can result.
When an estate is in probate, we assist our clients in enforcing the will and carrying out its terms, including advising the person designated in the will to handle the estate and assisting in identifying legal beneficiaries and liquidating and distributing assets. If an estate is in dispute, we offer full dispute resolution services, including probate litigation, mediation and negotiation.
Common probate problems and disputes include:
- Charges of undue influence when a will’s terms are changed to exclude a former beneficiary
- Paternity questions, which can determine the identity of beneficiaries
- Partition actions, when more than one heir inherits the same property
- Out-of-state beneficiaries and out-of-state assets
- Determination of the homestead property and the rights of a surviving spouse in the homestead
Guardianship law involves granting a person the legal duty and authority to care for the property and personal interests of a person deemed incapable of caring for his or her own interests. Incapacity can result from youth, disability or deterioration of faculties.
We have also represented clients in obtaining the appointment of a guardian over loved ones who are not able to look after their own welfare due to physical or mental disability.
Mr. Jones is also certified as an attorney ad litem in Texas Probate Courts and has served as an ad litem in numerous guardianship proceedings.