P.O. Box 200842
Austin, Texas 78720
(512) 619-8639
Fax (512) 372-1645

Oprima aquí para información en Español "Seguro que hablamos Español” [email protected]

Practice Areas

Our office enjoys handling a wide variety of legal matters including:

  • Commercial / Business litigation (including breach of contract).
  • Mediation services.
  • Complex multi-party litigation.
  • Business and Real Estate Disputes.
  • Construction litigation.
  • Landlord / Tenant disputes.
  • Business torts including fraud and misrepresentation.
  • Personal Injury Litigation.
  • Appellate brief writing and appellate argument.
  • Alternative Dispute Resolution.
  • Medical Malpractice (prosecution and defense).
  • Texas Deceptive Trade Practices Act claims.
  • Negligence.
  • Breach of fiduciary duty.
  • Administrative Law (including representing health care professionals before boards and the State Office of Administrative Hearings “SOAH”).
  • Criminal law defense (federal court).
  • Ad valorem (property) tax disputes.
  • Insurance / Disability disputes and litigation.
  • Real estate title examination and related issues.
  • Real estate contracts and leases.
  • Foreclosures.
  • Will preparation.
  • Creditor's rights.

The Green conflict / balancing act.

en espanol

The Green conflict / balancing act.

On Saturday, April 24, 2010 I attended an Environmental Law presentation at the U.T. School of Law on Green Power and I would like to take this opportunity to provide a brief overview regarding the topic. The United States is encouraging the development of renewal energy sources to decrease our country’s dependency on oil and to decrease our environmental footprint. For example from 2007 to 2008 wind energy generated electricity saw a growth of 51% and during this same time solar energy generated electricity grew 38%. In fact globally the U.S.

Court proposes further amendments to attorney Disciplinary Rules.

The Texas Disciplinary Rules of Professional Conduct, which defines proper conduct for attorneys in Texas, is still undergoing proposed amendments.   In April 2010 the Texas Supreme Court proposed some additional amendments to the Disciplinary Rules.  Prospective clients of an attorney may be particularly interested in proposed new Rule 1.17.

Business owners need to be aware of cloud computing issues.

Many (and probably most) computer users (including small to medium sized businesses) do not maintain all of their software or data on their computers or on a local server, but rather they use a offsite or internet based application or an online distributed software or storage service that is at a remote location (or in a cloud) such as Google or Yahoo! mail, Amazon, Skype, Facebook, LinkedIn, etc., etc., etc. Cost savings, data storage options and convenience are key reasons why small to medium sized businesses use these services.

U.T. Law School ranked No. 1 in Texas and 15th in the U.S.

The May 2010 issue of U.S. News and World Report released its rankings of the nation’s 180+ accredited law schools. The University of Texas School of Law at Austin continues to be ranked as the top law school in Texas and was tied with UCLA as the 15th best law school in the nation. To see the on line rankings click on: http://grad-schools.usnews.rankingsandreviews.com/best-graduate-schools/...

Court decides lawyers do not have to disclose if they have malpractice insurance coverage.

On April 16, 2010 the Texas Supreme Court decided that attorneys in Texas are not required to disclose to the public if they have professional liability insurance (i.e. legal liability or legal malpractice insurance coverage). The Chief Justice referenced that the public does not view the lack of such insurance as a critical factor when the public decides which attorney they should retain to represent them. The Law Office of Ernest C. Garcia does maintain a Lawyers Professional Liability Policy in effect, through AIG’s National Union Fire Insurance Co. which has an A.M.

Contractor failed to complete work under contract, convicted of theft and sentenced to 45 years.

A residential construction contractor who only partially performed under a contract, wherein he induced homeowners to pay him for unnecessary repairs by creating a false impression that such repairs were necessary, was convicted by a jury of theft and sentenced to 45 years and ordered to pay back over $100k in restitution. The contractor appealed and the Texas Court of Appeals in Lopez v. State of Texas on April 15, 2010 affirmed the conviction.

Ceiling collapse injures construction workers

Three construction workers were seriously injured and a fourth received minor injuries, while working at the new extension of the Cadena Reeves Justice Center in San Antonio, when a 20 by 70 foot section of a second floor ceiling collapsed on top of them. While the cause of the collapse is being investigated by OSHA and Bexar County officials, excess weight on the ceiling is believed to have contributed to the collapse of the ceiling.  For more information on this news story as well as a video clip click on: http://www.ksat.com/news/23100965/detail.html

Austin area consumers should be wary of certain travel companies

On April 12, 2010 the Better Business Bureau reported concern over the practices of certain specific Austin area travel companies involved in travel clubs that require consumers to pay up-front fees for access to discounted travel packages.  Certain travel companies also represent free gifts that are not free.  The Texas Attorney General's Office is pursuing legal action.  For tips on how to select a travel company or for additional information about the specific travel companies click on: http://www.sanantonio.bbb.org/article/austin-area-travel-companies-face-...

Ineffective assistance of counsel

Our office is retained or sometimes appointed by the federal court to represent criminal defendants. Some accused defendants, while they may even be legal residents, are not natural born U.S. citizens and thus the outcome of the federal criminal charges could lead to deportation. In the March 31, 2010 decision from the U.S. Supreme Court in Padilla v.

Background image courtesy of Akumar