At this firm, we are dedicated to protecting our clients and their interests throughout East Texas and across the State of Texas. We represent real people with real needs in fixing legal problems and focus our efforts on successful client results. Allen Gardner Law, PLLC is not a typical law firm in that we typically have longstanding relationships with our clients. We want to be your lawyer for life, figuratively, in that when you have a problem that involves the law, you know you only need to make one call. We try to treat clients the way we would want to be treated if we were the client. We strive to be a place where our clients know that we care about them and are working to make their legal situation, whatever it may be, a successful one. We bring both the sword and the shield, zealously but ethically.
As a Tyler business litigation lawyer, we represent both individuals and businesses - both in litigation and in arbitration. We intentionally represent both plaintiffs and defendants for two reasons. First, we understand the issues on both sides and how best to maximize strengths and minimize weaknesses. Second, we have the option of working for the side of right – not just the same side of a dispute over and over again, regardless of the merits of the situation. We represent individuals, families, and businesses in fraud actions, business disputes, commercial litigation, family business disputes, fiduciary actions, covenants not to compete, securities fraud, estate disputes, DWI offenses, vaccine injuries, and serious personal injuries. We work in many different areas but in areas we are experienced in and passionate about. Some of these areas are listed below.
As to fraud, I represent individuals and families who have been the victims of fraud. Generally they are frauded or hurt by a fiduciary – namely a trustee, an executor, an accountant, an investment advisor, broker, lawyer, or other professional who has taken advantage of them or their money. Trustees sometimes take money they should not take, or they charge too much money. Investment advisors and stockbrokers sometimes take money that they should not take, or they suggest bad investments to people. All people who are in a position of trust and confidence should always act in such a way to maintain that trust and confidence – to put their client’s interests ahead of their own interests.Business Disputes
We also represent families in business lawsuits and arbitrations. Most lawsuits are with businesses, frankly, and if you have a dispute involving a company, call us.
We also handle litigation and legal problems involving closely held businesses with family members as owners or stakeholders. Some of the toughest battles are between family members who are also involved in business together because there are usually family issues coupled with legal issues, all meshed together in a legal fight. We understand the dynamic and fight to protect my clients.
We also represent businesses in business lawsuits and arbitrations against one another. Businesses are great when they compete fairly, but they are not great when they compete unfairly. They compete unfairly when they take property or ideas from others, such as patents, copyrights, trademarks, or trade secrets. Some businesses falsely accuse others of doing these things just to try to get ahead. Sometimes businesses have meritless claims brought against them.Employer/Employee Covenants Not to Compete or Solicit
As to covenants not to compete, we represent both businesses and individuals in litigating them. From an individual perspective, sometimes company agreements are overbroad or not enforceable; sometimes a company is being vindictive. From a business perspective, sometimes company agreements need to be enforced as a former employee is doing wrong and hurting the business. It depends on the situation, but this is a specialized area with unique issues. We have litigated and analyzed many company agreements from both sides of the issue.DWI – Driving While Intoxicated
As to DWI issues, we are particularly passionate about the strict-liability aspect of DWI offenses. They are not individualized inquiries – they focus on a blood alcohol level, allegedly, instead of focusing on individual conduct and individual actions. The problem with the science, however, is that it is not as accurate as it is portrayed. We focus on the science in DWI cases, and we fight the battle scientifically.CAFO’s & Property Rights
We also represent landowners against Concentrated Animal Feeding Operations or “CAFO’s.” You buy a dream home in the country, with the fresh air and beauty surrounding you, and next thing you know, a CAFO moves in and all but obliterates the peace and enjoyment of your property, in addition to the value of your land. CAFO operations are not agriculture in the general sense; those operations are placing a very-large number of animals in confined spaces wherein their waste and byproducts can sometimes cause terrible problems for neighbors if not managed right. We seek to protect landowners from these conditions.Insurance & Bad Faith Litigation
We also represent individuals in bad faith insurance litigation. That is a situation where an insurance company wrongfully denies a claim or delays payment. Insurance companies often seem to habitually deny claims, even meritorious ones. We represent those whose insurance companies have behaved badly. Insurance coverage is mostly contractual – meaning that you pay a premium for coverage, and the insurer’s obligations are spelled out by contract. Since the insurance company drafts the contract, that company has the opportunity on the front end to say what it means. When an insurance company denies a claim when the policy language is unclear, or denies a claim when the policy says otherwise, that is wrong. We help make that wrong right.Estate Planning & Probate Litigation
We also represent individuals and families in estate planning and probate litigation. We help on the front end by helping get wills, powers of attorney, and directives in place, but we also help on the back end when family members begin arguing over money or possessions. There is almost nothing like death to bring out greed in certain folks hoping to benefit more than they should because of the death of a family member. It happens to the best of families. And if your family is facing a situation where one or more of the family members are arguing about who gets what, we can help.Vaccine Litigation
We also represent individuals and families in vaccine litigation; wherein a vaccine causes a problem and hurts someone. That is an area of practice largely controlled by a federal government program that provides benefits to those hurt by vaccines. If you or a loved one has been injured by a vaccine, from anything from an adverse reaction to something much more severe, please call us.Serious Personal Injury and Wrongful Death Cases
We also represent individuals and families in serious personal injury situations. We do not handle smaller matters as there are many who do; we get involved only in matters where significant personal injury or death is the result of someone else’s wrongful conduct. When lives and futures are at stake, the choice in who you hire is extremely important. We do not focus our efforts on advertising for these cases; instead we focus our efforts on being selective for only serious personal injury and wrongful death cases and working those cases harder than anybody to achieve good outcomes for our clients.
If you or a loved one have a legal problem, please call us at (903) 944-7537.
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Tyler Business Litigation Lawyer | Smith County, Texas Estate Planning Attorney | Allen Gardner Law
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