What We Do

As businesses and governmental agencies operate, disputes will arise requiring litigation. A party to a contract may fail to meet its obligation, someone could owe a client money or a problem may arise with a construction project. When that happens, clients need to seek a remedy or defend their rights. We represent both private businesses and governmental entities as plaintiffs and defendants in civil litigation around Texas. We work effectively for our clients as we guide them through the process of resolving their dispute.

We advise clients based on their best interests and give straightforward recommendations based on the facts of the case. If that means they are liable as a defendant, we work to settle the matter quickly to minimize their exposure. Should they have a claim against another party, we work diligently to seek a redress for the client. All the while, we communicate with our client to work together as the case progresses.

Our services associated with litigation frequently pass through the following phases:

If you have been sued or believe you have suffered a loss caused by another party, we are prepared to consult with you to discuss the situation and your options.

Our firm can advise and assist you in all facets of your construction project as it relates to both corporate clients and our Emergency Services District clients. These projects range from single-family residences to multi-million dollar fire stations and commercial buildings. Once the need to build has been identified, we guide our clients as they seek out, negotiate and purchase a tract of land including all title work and review. We next work with the engineers, surveyors and environmental experts to develop a site layout. After that, we assist the client in contracting with the architect or project manager and hiring a general contractor. While the project progresses, we assist clients in resolving claims and disputes throughout the process and even after completion. Should issues arise, we are able to resolve claims through arbitration or trial, as needed.

This includes legal representation as you bid your projects or seek financing, including tax-exempt public bond financing, if appropriate. Additionally, on many occasions we have sought public bid proposals for fire departments and can help you with similar type projects. Our pre-construction experience includes:

Construction and Post-Construction Disputes
We will not abandon you once the project starts. It is not unusual for our attorneys to be involved during the project as well. We have provided services to address:

From the start of a project through final completion and occupancy, we represent our clients in all aspects of their residential, commercial and public construction projects. Whether you are a developer, homebuilder, owner or the general contractor we can assist to make your project run more smoothly.

Much of what our clients do centers on an “agreement” between two or more parties that is embodied in a written document; a contract. The enforceability of a contract is at the cornerstone of our legal system. It is our belief that a clearly worded and complete agreement will minimize if not prevent problems in the future. Once grey areas are eliminated, the parties to an agreement know exactly what is expected of them.

We advise our clients on all facets of their contracts. This starts with either the preparation of contracts on behalf of our clients or the review of contracts that involve our clients but were drafted by another firm. These include purchase and sales agreements, acquisition contracts, employment agreements, buy-sell agreements, purchase and sale of real estate, purchase or lease of equipment and buildings, service contracts and inter-local operating agreements between governmental agencies (ESDs) and similar agencies. We treat each situation uniquely and draft an agreement to best serve our clients.

If prepared by another firm and brought to us by a client we revise, negotiate and evaluate these contracts on behalf of our clients. If a contract is already in place, we evaluate the agreement and the situation then advise our clients in all matters related to the agreement and how it affects the issue at hand. This could be our clients’ obligations under the agreement, the length of the agreement, limitation of actions, insurance requirements, and, when advisable, termination of a contract.

While a few people are still able to operate with a handshake and their word, in today’s complex business world it is more necessary than ever that the written word be accurate and complete. Our clients now do business locally, internationally and over the Internet in ways never dreamed of a few years ago. It is our job to assist and protect them as much as possible.

As part of our practice, we advise business clients as well as individual clients regarding all business matters. Typically, clients initially want to discuss the choice of business structure and other preliminary matters related to the formation of a new business. Fortunately, since we are a smaller firm, we frequently get to work with a new client when the business is just being born. There are many questions during this phase and we are familiar and comfortable giving those answers. Many of these “seed” clients have grown into very successful companies and we have remained as counsel to them throughout their business growth.

Our firm has experience drafting governing documents such as shareholder agreements, partnership agreements, company agreements, employee contracts, buy-sell agreements, a myriad of corporate resolutions and filings with the Texas Secretary of State. These documents are not as simple as downloading a form from an online source and filing in the blanks. They are customized to the needs and wishes of our clients. Businesses need to properly plan to succeed and that involves them taking their beginning first steps correctly. We realize that capital is thin during such times and we work with our clients to ensure their success.

A sampling of our clients range from a small residential painting company, to one of the largest orthopedic physician groups in Texas, to a highly successful inner-loop townhome development company. There are of course many other clients, but the point is that our knowledgebase is broad, our experience is vast and our services and knowhow are a valuable asset to their business. We are always eager to learn about a new business venture and help to assure its success.

We regularly advise clients on such issues as:

As part of our practice, we advise business clients as well as individual clients regarding all business matters. Typically, clients initially want to discuss the choice of business structure and other preliminary matters related to the formation of a new business. Fortunately, since we are a smaller firm, we frequently get to work with a new client when the business is just being born. There are many questions during this phase and we are familiar and comfortable giving those answers. Many of these “seed” clients have grown into very successful companies and we have remained as counsel to them throughout their business growth.

Our firm has experience drafting governing documents such as shareholder agreements, partnership agreements, company agreements, employee contracts, buy-sell agreements, a myriad of corporate resolutions and filings with the Texas Secretary of State. These documents are not as simple as downloading a form from an online source and filing in the blanks. They are customized to the needs and wishes of our clients. Businesses need to properly plan to succeed and that involves them taking their beginning first steps correctly. We realize that capital is thin during such times and we work with our clients to ensure their success.

A sampling of our clients range from a small residential painting company, to one of the largest orthopedic physician groups in Texas, to a highly successful inner-loop townhome development company. There are of course many other clients, but the point is that our knowledgebase is broad, our experience is vast and our services and knowhow are a valuable asset to their business. We are always eager to learn about a new business venture and help to assure its success.

We regularly advise clients on such issues as:

Our attorneys have assisted Emergency Services Districts and other governmental clients in conducting elections throughout Texas over the last two decades. We are ready to assist you in all phases of the election process: meeting requirements set by the Election Code and other statutes; drafting and filing election orders and related documents; contracting with county elections offices; and even directly conducting your own elections.

Elections have consequences, and so does failing to follow election laws. Poorly drafted orders can invalidate the results of proposition elections. Improper review of jurisdictional boundaries can disenfranchise eligible voters. Errors in ballot language can cause tremendous expense involved with reprinting paper ballots, reprogramming and retesting voting machines. We help you avoid potential mishaps to ensure that your election is conducted efficiently and legally.

We can help you contract with your local county elections office to conduct your election or help you secure election equipment and personnel to conduct your own election. We will coordinate with your local voter registrar to properly develop a voter list that includes only the eligible voters for your particular election. We assist you in producing all necessary documents – in all the necessary languages required by law for your area.

Whether it is electing your board of commissioners/directors, annexing new territory, increasing your tax rate or implementing a sales tax, we are ready to use our years of experience to help you conduct a successful election.

We will also assist you with any required post-election documentation and filings with your local appraisal district, the Texas Secretary of State and the Texas Comptroller.

Employment law issues arise for all size companies and governmental agencies. Having an experienced attorney on your side will help to minimize or eliminate the risk. One misstep can lead to fines, administrative hearings and years of litigation. We handle employment law issues for our corporate and Emergency Services District clients to guide them in this litigious area. We work with our clients in all matters affecting the employer/employee relationship. This includes recruiting and hiring new employees, management and retention of employees, and when necessary, discipline and termination should the circumstances require this action. We provide practical advice geared towards helping our clients achieve staffing goals while reducing the potential for costly litigation.

Employment Contracts

It is becoming more and more common for employers of all sizes to have written employment contracts with their employees. Our firm prepares employment contracts and independent contractor agreements for many of our public and private clients. Oftentimes, disputes arise from employment contracts when those signing it fail to understand their rights and obligations under the contract. We review the terms contained in employment contracts to determine if they are likely to be upheld in a court of law if a breach occurs and discuss enforceability issues.

Other Disputes with Employees

We are experienced and capable to competently advise and represent clients in following areas:

Whether an employment contract, employee handbook or standard operating guidelines exist, there will always be specific situations and circumstances that arise requiring consultation. Employment involves a more personal interaction between people, sometimes the workplace is like a second family, and those situations can be rewarding if proper planning is made. Providing jobs to people is an incredibly rewarding experience and maintaining the harmony of the workplace is paramount to any business’s success.

It is important that most clients have an effective Estate Plan long before it is needed. Additionally, rather than merely working to transfer assets of a person upon their death, we provide “living documents” that provide legal benefits and controls while a person is alive. These may include a Directive to Physician and Family or Surrogates (a “Living Will”), a Medical Power of Attorney (when one is unable to make their own health care decisions), a Durable Power of Attorney (to handle certain transactions and affairs when one is unable to do so for himself or herself) and perhaps other documents as a special need or desire arises, such as appointment of Guardians should the need ever arise.

Upon a person’s death, we work to ensure as smooth a probate process as possible. Obviously, when probating the Last Will and Testament of a loved one or close friend, people are going through a difficult time in their lives and we are sensitive to that reality. We assist the process by reviewing the decedent’s estate and working directly with the executor and/or families. The probate process can be simple or complex, depending on family and estate issues.

We strive to resolve all matters in a timely and efficient manner. We assist in preparing the necessary paperwork for starting the probate and estate administration process. We can also help with final income tax returns issues and appropriating distributing the estate assets. We can prepare a Federal Estate Tax Return (form 706) and necessary trust tax returns that may be required.

We can also advise on alternatives when someone dies without a will. Our goal is to assist and advise on the best way to administer and distribute the assets of the estate in a quick and efficient manner. Our lawyers also assist in the estate planning process by working with their clients to best set forth their wishes for long-term asset planning, distribution of their estate upon their death, health care wishes and guardianship matters.

The attorneys at Coveler & Peeler work with each client to hear their goals and concerns and prepare an estate plan and documents that are tailored to meet those goals and needs. With proper planning, one is able to protect your inheritance for children, reduce estate taxes and minimize the cost and burden of the probate process.

Whether it is a special purpose district seeking to place a bond on the election ballot, a loan solicitation to acquire new apparatus or seeking construction financing for a new fire station with a sales tax pledge loan, our lawyers have helped secure millions of dollars of public financing for our government clients. We work with a variety of brokers and banks to seek the lowest interest rate and obtain the most value for our clients and their constituents.

As everyone knows, infrastructure is very expensive. Paying for infrastructure improvements like water and sewer systems, fire apparatus, public administrative buildings and fire stations is virtually impossible without public financing. Fortunately, there are multiple avenues to obtain those funds.

When deciding how to maximize the use of limited public funds, our clients have turned to us for help. We have worked to secure long-term loans and lease-purchase agreements to acquire the assets our clients need to perform their life saving work. There are a variety of different process for obtaining those needed funds. Our goal is to always maximize cash flow for our clients while seeking low rates for tax-exempt financing.

Texas law requires bidding for large purchases and public works and also limits how local governments acquire debt to secure the funds for those large purchases and public works projects. Failing to comply with bidding requirements can lead to serious civil or even criminal penalties, so you need experienced professionals helping you clear these hurdles. We help our clients develop bid packages to solicit proposals for buildings, fire stations, fire trucks, ambulances, emergency equipment and rescue tools. We look forward to helping you too.

Our firm deals with many physician practice groups from individual doctors to large groups with 50 or more doctors and we offer them a wide range of services to meet their legal and business needs. We understand the legal and regulatory issues surrounding and that govern the healthcare profession and individual medical professionals.

Some of the services we offer include:

We know that no two medical practices are the same and we work closely with each client to assure they have the best business and tax structure to meet their needs. Physicians are a well-educated group of clients and their demands and expectations are very high and our goal is to exceed those expectations.

The biggest issue in medical practices is usually compensation and how each physician will be rewarded for their services and direct contribution of time and effort to the practice. We use our experience to arrive at a plan that fits the group as a whole yet provides flexibility as needed to address special situations. We strive to offer a one-stop type firm where we can provide legal services and have have access to experts in all areas of the law encountered by a medical practice.

The attorneys at Coveler & Peeler have years of experience assisting our clients in conducting effective communication with members of the Texas Legislature to look for solutions to operational problems. Whether it is responding to an inquiry from your local Representative or planning for an upcoming Legislative session, we can help you identify the issues, prepare your arguments and assemble a team to help reach your goals.

We are also ready to help you work with any governmental agency that affects your business operations. Our attorneys have responded to state regulatory agencies and many types of local governmental units who can regulate and otherwise influence how you conduct business. We can also help you negotiate terms and details regarding municipal annexations, licensing and permitting issues to achieve your operational and policy goals.

Our lawyers have government and administrative experience who have represented Emergency Services Districts, a state university system, an Improvement Districts, district attorneys’ offices and Texas state agencies. This representation has included formal proceedings in state and federal court, the State Office of Administrative Hearings, and before state agency regulatory bodies. We are ready to apply our experience to represent you before these agencies when adversarial proceedings ensue.

Importantly, we keep up with any changes in the laws that affect our client districts in order to help them maintain compliance with the revised statutes. This includes retaining on their behalf expert lobbyists that monitor and promote legislation that protects and enhances the services provided by our Emergency Services District clients.

Transparency is a hallmark of Texas government. The attorneys at Coveler & Peeler, have years of experience assisting our governmental clients live up to the high Open Government standards established by Texas law while also helping them legally protect their confidential information.

Our lawyers have developed a proficient knowledge of open records laws and procedures ranging from routine responses to requests under the Public Information Act to protecting Emergency Medical Services patient records in District court. We have assisted clients in securing rulings from the Texas Attorney General on highly technical provisions of the Public Information Act in response to complicated or voluminous requests from political groups and the press. When the need arises we also help our clients avail themselves of their ability to use the Public Information Act to access information held by other regulated public entities.

Our clients also depend on our assistance in the related field of records management. We ensure that our clients have the proper policies and procedures in place to meet the requirements of the Texas Local Government Records Act and schedules promulgated by the Texas State Library and Archives Commission.

We have dedicated ourselves to local governments and state agencies regarding their obligations under the Texas Open Meetings Act. The people of Texas have the right to know what their government does and how it spends their tax funds, but the local and state governments also have limited rights to conduct closed meetings in order to protect the government’s interests. We help the governing boards stay on the right side of the law when Open Meetings questions arise.

Our firm has handled all different types of real estate transactions throughout its history from the preparation of a simple quitclaim deed to highly complex multi-faceted real estate transactions. We are routinely involved in various aspects of real estate transactions. Our clients have included landowners, homeowners, purchasers, developers, property management companies, lenders, real estate brokers, general contractors, subcontractors, landlords and governmental entities.

We understand that the goal of any real estate transaction is to successfully close the transaction as envisioned by our client, whether as a seller or as a buyer. Because we have the experience to serve our clients’ needs, they appreciate our straightforward communication style.

Our services include legal representation in connection with:

Regardless of whether you are purchasing your first home, developing your next townhome project or preparing to renovate a multi-family apartment project, we get involved and will take the time to answer your questions and explain the law and the options available.

Political Subdivisions of the State of Texas, like Emergency Services Districts and Improvement Districts we represent, are governed and regulated by numerous statutes beyond their basic enabling statutes. We work with the governing boards, employees and other consultants to ensure compliance with these diverse regulations.

To meet the requirements of the Texas Open Meetings Act, we prepare and review agendas and meeting notices to be sure that the governing body’s actions are supported by the proper action items and that those items are sufficient to provide the public the notice required by law. We also assist in determining which issues can be addressed in closed sessions under the narrow exceptions in the Open Meetings Act.

The Truth-in-Taxation requirements of Texas place strict requirements and deadlines on taxing entities. We stay current with the latest changes in the law to make sure our clients meet those deadlines and legally adopt their local tax rate.

The Texas Legislature has put in place numerous conflicts of interest, bidding and reporting requirements relating to the expenditure of public funds. From compliance with Ethics Commission reporting requirements, to maintaining compliance with the Public Funds Investment Act and the Public Funds Collateral Act, we are here to help our clients keep their affairs in order.

Texas also has laws in place that require the proper storage of your documents so that the public can access those records. We assist our districts with meeting the requirements of the Texas Local Government Records Act and responding to requests under the Public Information Act.

The attorneys at Coveler & Peeler have many years of experience assisting large state agencies and local governments with these issues and have done so many times over the years. Any questions about these matters? Talk to us about reviewing and advising your district on your regulatory compliance obligations. We are ready to help.

The budget and ad valorem tax setting process is one of the most important tasks carried out by an Emergency Services District Board each and every year. Without tax funds the districts cannot maintain adequate fire stations, buy new fire trucks or staff ambulances with qualified emergency medical technicians. We work to ensure each district legally secures the tax levy necessary to provide the vital emergency services to their taxpayers while also providing the taxpayers with all the tax setting information they are entitled to under the law.

Our attorneys have many years of experience working with District Boards, appraisal districts and tax assessor-collectors all over the state to coordinate compliance with the Truth-in-Taxation laws of Texas. We work with the boards, their service providers and accounting professionals to develop the annual budget necessary to fund administration, debt service and fire, rescue and EMS operating expenses. This includes participating in budget committee meetings, reviewing budget and purchase requests from fire and EMS staff and preparing the proper agenda items necessary to review and adopt the budget in conformity with the Texas Open Meetings Act.

We also coordinate with the local appraisal district staff to be sure that the districts prepare the required tax notice publications in a timely manner. Once the appraisal district certifies and delivers the tax roll to the district and tax assessor, the district is on a tight schedule to meet Truth-in-Taxation requirements, which can include multiple newspaper publications and public hearings, all with stringent fixed deadlines. We work with the boards to remove any stumbling blocks during the process.

As the final step in the tax setting process we make sure that the meeting notices comply with Truth-in-Taxation requirements and that the tax orders are adopted and filed with the county tax assessor-collector in a timely manner. We also coordinate with the tax assessor-collector to be sure that the proper contracts and resolutions are in place to allow for the collection of delinquent taxes, penalties and interest and to provide tax exemptions granted by many Emergency Services Districts.