Business and Corporate Law
In the 21st Century, deals move quickly and the pressure to perform is real. Technology has increased efficiency, but it has also increased expectations.
P&M's business lawyers understand the pressures our business clients deal with, both in day-to-day operational problems and in closing major transactions. We have represented individual entrepreneurs as well as public companies. We have successfully handled small deals and major corporate transactions.
The issues we deal with are numerous. It may be as simple as choosing the right type of entity. On the other hand, it may be a situation so vital and complicated that the survival of the business depends on a successful outcome.
Whatever the challenge, P&M's business lawyers are ready.
While P&M's business and corporate lawyers practice using the technology of the 21st Century, in many ways we do business the "old fashioned way": we work to get to know our clients, to understand their concerns and to be sensitive to the pressures that confront them. Since we are not a 100-lawyer firm, our clients usually work with the same lawyer or group of lawyers throughout a project or transaction, and are not passed down the hall to another lawyer they have never met.
For more information regarding P&M's business and corporate practice, please call P&M's managing partner, Steve Palmer, at (214) 265-1951.
Back to top
Real Estate Law
Over the years, even simple real estate transactions have become complicated. Technology has increased expectations that deals will close quickly. Issues regarding environmental concerns, which didn't even exist a few years ago, can now kill a deal. Documents get longer and more complicated, yet transactions still must close before a deadline.
P&M's real estate lawyers understand the demands and pressures involved in a real estate transaction. Whether it is a purchase, sale, development, financing, lease or workout matter, P&M's real estate lawyers have probably been through it before.
Back to top
Litigation
In the last 30 years, litigation has changed. While discovery, the use of experts and technical trial techniques have made some cases more complex, parties now have more options in litigation.
Litigation no longer entails only trying civil lawsuits; rather, it is part of a larger system of dispute resolution, which, along with traditional civil lawsuits, includes arbitration, mediation, and other forms of alternative dispute resolution.
Some disputes still require immediate aggressive action in a state or federal court. However, more and more clients and their lawyers are looking for more cost effective and efficient ways to resolve disputes.
P&M's litigation attorneys have years of experience and have handled thousands of cases across the State of Texas. Early in the process, P&M's attorneys work with the client to set reasonable goals and to establish realistic budgets and strategies to achieve those goals. Fees and expenses are discussed and alternatives are explored so that the client understands the scope of the issues involved and the risks that are inherent in many types of disputes.
P&M's litigation attorneys handle general civil litigation matters, and have substantial experience in the following specific areas of litigation:
Lender Liability Litigation
P&M has represented both lenders and debtors in lender liability, wrongful foreclosure, usury and debtor/creditor litigation.
In representing lenders, attorneys with the firm have extensive experience in the review of loan files and the evaluation of the potential pitfalls in pursuing claims against debtors. The firm has represented lenders in a wide range of litigation, both offensive and defensive. Having represented a number of financial institutions, attorneys with the firm have encountered the full range of claims and defenses typically interposed by borrowers.
The firm has also represented borrowers in situations where a conflict of interest did not prohibit such representations. Attorneys with the firm have been successful in their representation of borrowers, and many favorable results on behalf of borrowers have been achieved.
The following are examples of matters handled by P&M in this area:
- Successful prosecution of wrongful foreclosure action on behalf of a debtor, defeating the lender's claim for damages and recovering substantial damages against the lender on behalf of the debtor.
- Defense and prosecution of credit code claims on behalf of both creditors and debtors.
- Prosecution and defense of real estate deficiency actions, with particular emphasis on technical defects in real estate foreclosure procedures.
- General representation of debtors and creditors in all aspects of debt collection, workouts and commercial litigation.
Back to top
Real Estate Litigation
P&M has represented financial institutions, entrepreneurs, title insurance underwriters and individuals in real estate and title insurance matters. The firm has litigated many complex claims involving forged deeds, multiple sales of the same property, pretended homestead claims, lien priority issues, breach of insurer's duties, and other real estate matters.
Back to top
Financial Institution Litigation Practice
In its Financial Institution practice, P&M has represented banks, savings associations, and other institutional lenders in loan workouts and restructuring, general banking matters, collateral and loan procedures, bankruptcies and related areas. The firm has represented lenders in over 10,000 matters. The firm's lawyers are experienced in foreclosing on real and personal property and collecting unpaid loan amounts. The firm has represented financial institutions in litigation involving a wide variety of loans, secured and unsecured, consumer and commercial, both locally and across the State of Texas.
Among the many matters handled by lawyers in the firm, are the following:
- The litigation of thousands of delinquent loans ranging in size from small collection matters to complex multi-million dollar loans
- Defense of lender liability claims
- Usury and other credit code issues
- Extensive experience with prejudgment and postjudgment writs and remedies, including attachments, sequestration, garnishment, writs of execution and related issues
- Extensive experience in postjudgment discovery, procedures and collections, both large and small, resulting in collections of several million dollars
- Advice to financial institutions regarding all types of loan problems, issues involving collateral, and issues involving credit, loan procedures and litigation
Workouts and litigation involving:
- All types of secured and unsecured loans
- Retail stores and inventory financing
- Agricultural properties
- Loans secured by corporate stock
- Loans secured by country club memberships
- Improved and income producing properties
- Real estate
- Personal property, both commercial and consumer
- Accounts receivable, furniture, fixtures and equipment
- Consumer lending
- Visa, MasterCard and other credit card accounts
- Manufactured housing
- Oil and gas loans
Back to top
General Business Litigation
P&M's litigation attorneys have represented individuals and businesses in a wide range of general business litigation matters. These cases include the following types of cases:
- Partnership disputes
- Consumer law matters
- Breach of contract cases
- Cases relating to non-competition agreements
- Various corporate disputes including disputes between shareholders of closely held corporations
Back to top
Steven G. Palmer, the firm's managing partner, is also the senior partner in the area of litigation. Mr. Palmer has handled over 5,000 matters across the State of Texas and has practiced litigation since 1976. If you have questions regarding P&M's litigation practice, please call Mr. Palmer at (214) 265-1951
Back to top
Family Law
Few things in a person's life can be as stressful or as emotional as going through a divorce or other family dispute. In this area of law, possibly more than any other, a person needs to have total faith, trust and confidence in the advice and counsel of their attorney. P&M's family law attorneys have been helping people in family law cases since 1976.
In most family law cases, the early meetings between the attorney and the client are extremely important. Even though the client may be going through an extremely emotional and stressful situation, it is important to take the time to explain the process to the client so that the client understands the process, the procedures and the options available. Early decisions as to strategy greatly influence how the family law case will be conducted, and whether or not the case will be bitterly contested, or settled with as little stress to the parties as may be possible under the circumstances.
Additionally, the firm's family law practice includes collaborative family law.
All of P&M's family lawyers are committed to offering the collaborative process as an alternative to litigation.
P&M can assist persons going through family law cases in the following types of matters:
- Divorce - all aspects of divorce proceedings
- Custody matters
- Annulment and suit to declare a marriage void
- Modification proceedings
- Combined termination and adoption of stepchild
- Protective orders
- Nonmarital, premarital and postnuptial agreements
- Enforcement of decrees or orders of child support by contempt, judgment and withholding form earnings
- Collaborative law
Click here for Family Law FAQs.
Back to top
Collaborative Law
As an alternative to long and messy court battles in divorces and other family law cases, Collaborative Law is an option that many clients should consider. Steven Palmer is trained in Collaborative Law and is a member of Collaborative Law Dallas, a group of lawyers dedicated to out-of-court settlements in family law cases.
What is Collaborative Law?
- Collaborative Law is designed to be an amicable way to resolve a divorce or other family law dispute out of court
- Collaborative Law provides an opportunity to minimize or eliminate the negative economic, social, and emotional consequences of families going to court
- Collaborative Law allows the parties to see the family's best interests in light of many factors - not just money
- Collaborative Law allows for new avenues of creative problem solving
- Collaborative Law fosters an environment that encourages the clients and lawyers to be more flexible rather than being "locked" into a litigation position
- Collaborative Law provides an atmosphere for a peaceful resolution of disputed issues without threatening to go to court
- The needs and concerns of both parties are value and accommodated to reach a mutual agreement
- The parties and their lawyers have more equal bargaining positions
A Collaborative Lawyer:
- Is committed to settling the issues involved without court intervention
- Is committed to resolving differences justly and equitably
- Is cooperative and commits to voluntary conflict resolution for parties going through a separation, dissolution or other family law matter
- Should have received training in the Collaborative Law process and be committed to the process
Considerations:
- The Collaborative Law process cannot eliminate concerns about disharmony, distrust, and irreconcilable differences which have led to the current conflict
- Although the participants are committed to reaching a shared solution, each party is still expected to identify and assert his or her respective interest and the parties' respective attorneys will help each of them do so
- Each party and lawyer must commit to maintaining a high standard of integrity, and participants shall not take advantage of the other participants or the miscalculations or inadvertent mistakes of others, but shall identify and correct them
- Participants must commit to protecting the privacy, respect and dignity of all involved, including parties, attorneys and consultants
- If the parties are not successful in resolving the dispute through the Collaborative Law Process, both lawyers must withdraw
How Does Collaborative Law Work?
- The parties and lawyers sign a contract that provides that the lawyers will not go to court except to enter agreed orders
- The parties and their lawyers attend a series of "4-way" settlement meetings
- The parties agree not to engage in unnecessary discussions of past events in order to make the best possible use of available resources
- When appropriate and needed, the parties will use neutral experts for valuation, cash flow analysis, and any other issue which requires expert advice and/or recommendations. The parties agree in advance how the costs of the third-party expert will be paid
- No formal discovery procedures will be used unless specifically agreed to in advance by the parties
For more information about particular questions in the area of Collaborative Law, please contact Mr. Palmer at (214) 265-1951.
Click here for Collaborative Law FAQs.
Back to top
Bankruptcy and Creditors' Rights Law
P&M represents creditors and individuals who become involved in the area of bankruptcy and creditor's rights. Besides handling routine creditor matters, this firm's bankruptcy practice emphasizes the handling of contested and adversary proceedings of all types in bankruptcy court. Examples of contested and adversary matters in bankruptcy court handled by this firm's attorneys include:
- Defense of a corporate officer and director accused by the trustee of breach of his duties to his corporation that allegedly led to multi-million dollar losses
- Representation of lessor seeking to lift stays and recover restaurant property from Chapter 11 debtor in possession of the property
- Representation of former spouse seeking to avoid efforts of her former spouse to discharge and avoid his child support obligations
- Representation of secured creditor seeking to find and recover its security from debtor
- Defense of debtor from fraud claims by creditor seeking to bar debtor's discharge of creditor's claim against the debtor
Back to top
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright ©
by Palmer & Manuel, L.L.P. . All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
This FirmSite® is designed and hosted by FindLaw®, a service of Thomson-West.
|
