Real Estate Litigation

EXPERIENCED REAL ESTATE LITIGATOR

When a dispute involving real estate cannot be amicably resolved, I stand ready to take the fight to the courthouse. When another party has picked the fight, I will boldly answer the call for you.

I am a seasoned litigator that has represented thousands of clients in Texas courts over the past quarter century. I have filed, prosecuted and defended real estate related lawsuits in scores of Texas counties. I also practice in the federal courts.

Me doing the same thing in the same place for more than 25 years yields competitive advantage for my clients. I am comfortable in the courtroom because I have spent countless hours there, representing both Plaintiffs and Defendants in front of judges and juries.

My litigation successes speak for themselves, and I am blessed with a strong referral base and high demand for my services.  Current and past clients, other attorneys (frequently opposing counsel) and even judges refer their friends, colleagues and loved ones to me.  More than once, the opposing party in litigation has later hired me to represent them.

My approach to representing parties in lawsuits is unique, however, and I’m not a good fit for all litigants.

Do you want to be challenged to make rational decisions, set emotion aside, understand the realities of the legal process and collaboratively formulate and implement a definitive strategy for your case?  If so, I may be the obvious choice to represent you in a lawsuit concerning real estate.

WHAT YOU NEED FROM A LAWYER WHEN FACING A LAWSUIT

Just about every law firm ad and website proclaims that the lawyers will “fight for you,” while being “aggressive,” “compassionate” and “someone you can trust.”  These are cliche slogans, but they convey nothing special. Clients should always be able to expect these traits from the lawyer they select to represent them in litigation.

The key to choosing the right lawyer is understanding the action to be undertaken in order to put substance behind those words.

• What does being “aggressive” really mean? What are the activities of an “aggressive” lawyer?
• What does the lawyer’s expression of “compassion” feel like?
• What is the lawyer’s unique or distinguishing approach to “fighting” for you?
• How extensive is the lawyer’s litigation experience?
• How many times has the lawyer taken a real estate lawsuit to judgment following trial?

Without the answers to those questions, there’s great risk that you’re responding to effective marketing rather than carefully selecting the lawyer or firm best suited to guide you through a lawsuit.

Facing litigation – especially for the first time – can be overwhelming and stressful. Lawsuits are expensive, lengthy, energy consuming and full of uncertainty.  Litigation is, however, manageable.  You must not respond to the crisis in a way that risks compounding the problem by selecting any lawyer other than the one best equipped to help navigate your circumstances.

You don’t need false promises, false hope or marketing buzzwords. You don’t need a sledgehammer, gun or awe- inspiring animal. None of these are allowed in the courthouse.

What you truly need in a time of legal difficulty is a lawyer that understands your situation, genuinely cares about you, will tell you what you need to hear, and knows what they’re doing. That’s what I offer.

BEHIND THE RESUME: WHAT I REALLY BRING TO THE TABLE

From my attorney profile, you know where I went to college and law school, where I go to church, and even what presentations and papers I have given (or at least remembered to include).  Yet, when we walk into the courthouse, none of that matters. All that counts when you open the courtroom doors is how prepared I am, how persuasive I can be at presenting your case, and my competency at bringing sharp focus to the facts and legal points that favor your side of the lawsuit.

I am a strategist and law nerd with a fierce competitive streak. I have spent my entire adulthood and more of my life as an attorney than not, so my ego and identity are inextricably intertwined with my work and the outcome of my clients’ legal matters (which may not be entirely healthy).

The language of the law is my love language, and I am passionate about my craft. My commitment to subject matter expertise has caused me to spend more time reading, studying and learning the law than just about anybody I know.  Like my time in service, this deep legal understanding benefits my clients because it translates to superb written and oral advocacy – the hallmarks of the litigator.

The judges in South Central Texas know me, and know to expect preparedness, skilled advocacy, deep legal understanding and straight-shooting when I am on a case.  Opposing counsel, many of whom I have worked with previously, can expect the same.

I have also achieved a mastery of the Texas Rules of Civil Procedure (the “rules of the game” in Texas courts) and an understanding of how the Court system really works. Most importantly for you, I am prepared to adapt when the Rules and realities of litigation are misaligned – a situation that occurs far too often.

WHAT TO EXPECT WHEN WORKING WITH ME DURING YOUR LAWSUIT

Educating you – the client – about the legal system and the specifics of your case is of critical importance to me.   As a litigant, you should not perceive the legal process a “secret, occult and concealed” apparatus, but rather, as the public forum in which your dispute will be resolved. Working with me will be an education because I love the law and our legal system, and am enthusiastic to teach you about them. I also want you to understand that my best chance to obtain a favorable result lies in our ability to collaborate on your

I believe that preparation is the key to success in litigation, and that the best preparation lies in understanding on DAY ONE  how the parties’ claims and defenses will be presented to the judge or jury. Early in the representation, we will discuss the specific questions that the decision maker will be asked to answer. I will explain the essential elements of every claim and defense asserted in the lawsuit and the evidence necessary to prove those elements.

Early discussion of potential outcomes, costs and risks, possible settlement strategies, and key case milestones should also be expected. I also discuss with my clients case timelines and explain that “trial dates are written in sand.”

You should not expect me to be your cheerleader or to encourage (or even endure) poor or emotion-driven decisions about the litigation. I will supply the candor you need (even if it’s not what you want) to ensure that your expectations of the litigation are realistic, and so that you may make informed decisions about the process.

My staff and I will also keep you informed about the status of your case. We promptly send my clients copies of the communications, pleadings and orders that we dispatch and receive in the case. If you work with me, being uninformed about the case can only result from deliberate action on your part!

During the representation we will also frequently discuss some of my favorite topics – interpersonal relations, negotiation tactics and human psychology. I firmly believe that these subjects play an under-appreciated but outsized role in litigation. It is impossible to predict the outcome of any lawsuit with certainty. However, experience has shown that they are predictors of success and that understanding them will reduce uncertainties and surprises during the litigation.

At various times during the lifespan of a lawsuit, there will be decisive moments. Common examples of are:

• When the opposing party makes a settlement offer;
• When a court ruling may or does change the scope or complexion of the dispute;
• When a dispositive motion (such as a Motion for Summary Judgment or Motion to Dismiss) is filed or ruled upon;
• When witness testimony or evidence produced in the case is different than was expected;
• At the time of mediation; and
• During the lead up to trial.

You can expect that I will carefully explain the implications of the crucial junctures and possible turning points of your lawsuit.

Finally, and perhaps most importantly, when trial is inevitable, you can trust that all of our joint work in the case, everything that I have learned over the past 25+ years, and all of my effort, knowledge and skill will culminate in an effective presentation of your case.  I will represent you in the best light before a judge or a jury of your peers.

Where required, I will select a jury and present them with a well thought-out case consisting of key evidence and a theme that resonates and provides a framework for effectively presenting your case.

AREAS OF REAL ESTATE LITIGATION 

I have amassed an impressive record of favorable results in sometimes highly contentious real estate lawsuits. My experience is deep, and I have represented clients in the following types of real estate litigation:

• Contract Disputes (including breach of contract and suits for specific performance)
• Property Boundary Disputes (encroachments)
• Access Disputes (landlock and easement cases)
• Trespass to Try Title Lawsuits (Disputes over ownership and title)
• Easement disputes (existence of easement, overburdening easement, etc.)
• Property Damage claims (damage to trees, damage to land)
• Declaratory Judgment actions
• Neighbor disputes
• Partnership Disputes (business dissolution, business divorce)
• Enforcement of Restrictive Covenants
• Challenges to Applicability of Restrictive Covenants
• Homeowners’ Association / Property Owners’ Association Disputes
• Real Estate Commission Disputes
• Shared Water Well Disputes
• Trespass
• Private Nuisance
• Public Nuisance
• Diversion and Impoundment of Surface Water (Section 11.086 Texas Water Code)
• Earnest Money Disputes
• Real Estate Fraud
• Failure to Disclose property defects
• Property condition disclosure deficiencies
• Partition
• Real Estate Broker Negligence
• Breach of Real Estate Brokerage Independent Contractor Agreements
• Surveyor Negligence
• Title Company Negligence
• Engineer Negligence
• Dispute with Water Company
• Ownership of Groundwater
• Breach of Lease
• Breach of Property Management Agreement
• Breach of Earnest Money Contract
•  Lender-Borrower Disputes