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.

Juveniles cannot receive life in prison for non-homicide crimes

Our U.S. Supreme Court has previously held that because juveniles have a lessened culpability (due to their lack of development) they are less deserving of the most serious forms of punishment.  Today May 17, 2010 our U.S. Supreme Court also noted that for non-homicide crimes, the United States is the only country in the world where a juvenile can receive a sentence of life in prison.   In fact the court noted that in the U.S., regarding non-homicide crimes, there are 129 juvenile offenders serving life without parole sentences in 12 U.S.

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Austin company accused of illegally providing legal services

The Unauthorized Practice of Law Committee of the Supreme Court of Texas filed suit against International Legal Services, Inc. and ILS Services, Inc. of Austin alleging that such defendants do not have any attorneys or lawyers on staff, yet they are paid to conduct legal research and draft pleadings for clients. A Travis county district court judge granted a temporary restraining order on May 12, 2010 to temporarily prevent the defendants from such activity until such time as the court can conduct a temporary injunction hearing on May 25, 2010.

Ice does not pose an unreasonable risk of harm

The morning after a winter storm Mr. Fair drove his wife to a doctor’s appointment at Scott and White Memorial Hospital in Temple, Texas.  After the appointment Mr. Fair went to get his car from the hospital parking lot and he slipped and fell due to ice on the road (between the hospital and the parking lot).  Fair then sued the hospital for negligence in relation to his slip and fall.  The Texas Supreme Court however found in favor of the hospital in the May 10, 2010 opinion in Scott and White Memorial Hospital v.

Arbitration clause covering worker’s compensation claims is enforceable

In Texas workers’ compensation is a state regulated insurance system, which pays medical bills and some lost wages of employees injured on the job.  The majority of private employers in Texas however can choose whether or not they wish to participate (for a cost) in the state’s worker’s compensation system. Employers who choose not to participate are called nonsubscribers.  Nonsubscribers lose several key legal defenses and can face high damage awards if an employee can prove that the employer was negligent.  Odyssey Healthcare, Inc.

Contractor does not bear risk of overruns when bid documents misrepresent extent of work

Pipeline operating company El Paso Field Services solicited pipeline construction bids based upon contract documents and a distributed bid package which instructed that any contractor bids were to be based on the contract / bid package without modifications.   Subcontractor MasTec won the contract award and agreed to perform the work for a lump sum.  The contract between the parties stated in relevant part that El Paso had exercised “due diligence” in locating and identifying pipeline crossings and obstructions and that MasTec was familiar with the scope of wor

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Interactive computer service not liable for posted defamatory content

To prove a claim or cause of action for defamation under Texas law a plaintiff must prove that the defendant: (1) published a statement; (2) that was defamatory concerning the plaintiff; (3) while acting either with actual malice (if the plaintiff was a public official or public figure) or negligence (if the plaintiff was a private individual) regarding the truth of the statement.  However as we see in the recent April 29, 2010 court opinion from the Beaumont Court of Appeals in Milo v.

Lawsuits against architects / engineers care standard not required

According to Texas statutory provisions found in the Texas Civil Practice and Remedies Code, if one seeks to file a negligence lawsuit against a licensed architect, land surveyor or an engineer, the one filing suit is required to file a certificate of merit (i.e.

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Former state judge awaiting sentence.

According to a May 3, 2010 article in the El Paso Times, federal prosecutors charged that Manuel Barraza, while a sitting state judge, accepted about $5,000 in cash from a woman trying to get judicial favors for her sister, who was a defendant in a cocaine case.   FBI agents had videotaped the money exchange between the woman and Barraza.  In February of 2010 Barraza was convicted by a jury of three corruption charges.

The increased use of wiretaps.

According to the recent Report of the Director of the Administrative Office of the U.S.

Garcia to attend federal criminal defense attorney program.

Austin Texas attorney Ernest C. Garcia has been selected to attend an Administrative Office of the U.S. Courts, three day federal criminal defense attorney program to be held in Chicago, Illinois in June of 2010. The program will provide instruction on legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a variety of federal criminal cases including those involving firearms, drugs, immigration prosecutions, mortgage fraud and computer crimes.

Background image courtesy of Akumar