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 Local Real Estate Market

Realizing that fluctuations in the local real estate market can lead to opportunities, challenges, problems or disputes, of possible interest to our clients is that local home prices continue to fall and according to an April 9, 2010 article in the Austin Business Journal Austin home prices (with a median list price of $245,000) fell from February to March of 2010 by 1.9%. However home prices are expected to increase during the first quarter of 2011. Meanwhile long term mortgage rates continue to rise and have reached the highest level in eight months.

Don't Set Yourself Up.

When people use social media such as MySpace, Twitter and Facebook they often do not consider that their audience may very well end up being someone other than their close friends and family.  They also don’t consider that every time they use these sites, they leave a “permanent” electronic trail (even if they think they deleted it).  These days in both civil and criminal court cases, the social media sites of civil litigants, witnesses and criminal defendants are being evaluated or investigated and a person’s words, photos, video, etc.

Vacant and abandoned real estate.

Vacant and abandoned real property can harm our communities, cause legal problems and can contribute to personal injury perhaps due to dangerous or hazardous living conditions. In an effort to help communities address this problem, in March of 2010 The Community Development Clinic at the University of Texas School of Law released the Texas Problem Properties Toolkit: A Resource to Help Texas Communities Address Problems Created by Vacant and Abandoned Properties. To view the report click on: http://www.utexas.edu/law/academics/clinics/community/ProblemPropertiesT...

E-Discovery - the duty to preserve evidence and avoid spoliation.

In the past many things were documented in hard paper form.  With the electronic digital age, today many communications, transactions or evidence may never be documented in hard paper form.  Thus as a friendly reminder, business entities and individuals at a minimum have a common law duty to preserve relevant electronically stored information (“ESI”) or electronic and magnetic data when litigation is pending, imminent or reasonably foreseeable.

Mediation Training on the Horizon

In a continuing effort to provide the firm's clients with the best legal representation possible in May of 2010, lawyer Ernest C. Garcia will be taking a 40 hour / 5 day intensive mediation training course, sponsored by the University of Texas School of Law Center for Public Policy Dispute Resolution.  Completion of the course will serve to enhance the firm's ability to assist clients to resolve disputes prior to litigation, and will also benefit clients involved in negotiating the settlement of their lawsuits prior to trial or appeal. 

Garcia lead appellate attorney in engineering dispute

In state court litigation concerning engineering fees which plaintiff W.O.H. Enterprises, LLC paid to defendants HDR Engineering, Inc. and Shiner Moseley and Associates, Inc.  Attorney Ernest C. Garcia was successful on December 1, 2009 in defending against a motion to dismiss filed by the defendant engineering firms.  The engineering firms have now filed an accelerated interlocutory appeal with the Thirteenth Court of Appeals and on January 6, 2010 Ernest C. Garcia was designated as the lead appellate attorney for W.O.H. Enterprises, LLC.  

Should Lawyers Disclose Liability Insurance?

The State Bar of Texas (which regulates attorneys) is trying to decide if attorneys should be required to disclose to the public if they have professional liability (legal malpractice) insurance coverage or not.  If you would like more information or if you would like to register a public comment (before Jan. 1, 2010) please go to: http://www.texasbar.com/   The Law Office of Ernest C. Garcia maintains professional liability insurance coverage.

Supreme Court Approves Amendments to Rules of Conduct

On October 20, 2009 the Texas Supreme Court approved of proposed amendments to the attorney Texas Disciplinary Rules of Professional Conduct.  To view the link to the amendments you may click on:  http://www.supreme.courts.state.tx.us/MiscDocket/09/09917500.pdf or you may contact the Law Office of Ernest C. Garcia for a copy.

Garcia to serve as co-counsel in oil and gas bankruptcy proceeding

In August of 2009 Ernest C. Garcia was selected to serve a co-counsel for the bankrupt debtor Wade Offshore, LLC (which filed a Chapter 11 bankruptcy reorganization petition).  Wade Offshore, LLC has a multi-million dollar participating interest in several oil and gas rigs located in the Gulf of Mexico along the Texas coast.

Ernest C. Garcia designated lead attorney for BTB Refining, LLC litigation.

In Case No. 2:09-CV-00038 PDVSA Petroleo, SA vs. Trigeant, Ltd. and BTB Refining, LLC pending in the U.S. District Court for the Southern District of Texas - Corpus Christi Division before Chief Judge Hayden Head, on June 29, 2009 BTB Refining, LLC designated Ernest C. Garcia to serve as its lead "attorney-in-charge."  PDVSA Petroleo, SA exists under the Bolivarian Republic of Venezuela.  Information on BTB Refining, LLC can be found at http://www.btbrefining.com/

Background image courtesy of Akumar