Bays & Bays represents clients who either are or may become involved in a lawsuit involving construction defects, real estate disputes, contract disputes, business disputes, commercial disputes, restrictive covenant violations, probate matters, guardianships and family law disputes. We handle trials and appeals of such matters for a variety of clients. We also offer representation and advice about preventing and settling disputes, and represent clients in alternative dispute mechanisms, such as mediation and arbitration. Mediation is a process where the parties to the dispute meet in an informal setting with a neutral third party, typically an experienced attorney or retired judge, whose mission is to find a solution to the dispute that each party will voluntarily accept. A mediator has no power to force a settlement; any settlement reached a mediation is purely voluntarily, but attendance at mediation is typically required. Over the last several years, every Montgomery County court and the courts of most other counties require all disputes to go though a mediation process. Arbitration is a process where an arbitrator or perhaps a panel of arbitrators hear evidence then announce a ruling. Typically the arbitrator’s ruling is final and there is virtually no right to appeal the ruling. Many contracts contain an arbitration clause that requires the parties to the contract to submit any disputes that may arise to arbitration. Having attorneys with experience in handling trials, appeals, mediation and arbitration is a benefit to any client involved in litigation.

We represent plaintiffs and defendants in a wide variety of disputes in both state and federal courts. We have recovered significant settlements and judgments in court cases, and have successfully defended our clients in numerous, hotly contested disputes as well. Our success is due to our willingness to master the facts of the dispute and to thoroughly research and brief the law governing the dispute. Using our in-house capabilities, Bays & Bays will prepare a compelling presentation of your case, while being mindful of any budgetary limitations within which it must work, whether at the trial or appellate level. Return to Home Page.

Civil Appellate Matters.
As statistics will readily demonstrate, the vast majority of cases are settled before trial. Of that small percentage of cases which are tried, most end at the conclusion of the trial with no appeal taken. There are, however, cases which continue into the appellate courts, and you need attorneys prepared to handle an appeal. Bays & Bays handles civil appeals, both from cases tried by the firm as well as from cases tried by other attorneys. Bays & Bays’ appellate practice involves legal appeals from jury verdicts, bench trials and summary decisions, as well as equitable mandamus proceedings. The firm has represented both appellants and appellees in state court appeals to the Texas Supreme Court, the Beaumont Court of Appeals, the Austin Court of Appeals, both of the Houston Courts of Appeals, the Waco Court of Appeals and the Texarkana Court of Appeals, as well as in federal appeals to the United States Fifth Circuit Court of Appeals. Appellate practice involves an exhaustive review of the proceedings in the trial court, research of the legal issues involved in the appeal, the preparation of a persuasive brief, and mastery of the legal and factual issues to present in oral argument before the appellate panel. Bays & Bays has experience, and success, in doing those all of those things.

Some of the appellate matters in which the firm has been or is involved are:

Case No. 09-10-00266-CV; Quartz Castle, Inc. vs. Jade Consolidated Management, Inc. ; 9th Court of Appeals, Beaumont, Texas

Case No. 09-10-00240-CV; In Re; Guardianship of Fannie G. Jordan; 9th Court of Appeals, Beaumont, Texas

Case No. 09-03-00568-CV; Nury Chapa v. Tony Gullo Motors I, L.P. and Brien Garcia; 9th Court of Appeals, Beaumont, Texas

Case Number 04-0961; Tony Gullo Motors I, L.P. vs. Nury Chapa; Supreme Court of Texas

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Commercial, Business and Contractual Disputes.
Bays & Bays represents a wide variety of clients in civil litigation matters involving commercial, business and/or contractual disputes. The cases run the gamut from breaches of contract to breaches of fiduciary duty, from violations of partnership agreements to dissolution of corporations, from unfair competition and misappropriation of trade secrets to violations of the Deceptive Trade and Practices Act involving the sale or purchase of goods. We have tried cases seeking damages, cases seeking equitable relief, and cases seeking declaratory judgments. For example, the firm was co-counsel to Rimkus Consulting Group, Inc. and extensively briefed the law and argued the evidence before United States District Court Judge Lee Rosenthal related to the intentional destruction of electronic information. After reviewing those arguments, Judge Rosenthal ruled in favor of Rimkus Consulting Group, Inc., and issued her monumental opinion on e-discovery and spoliation of evidence in Rimkus v. Cammarata.

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Real Estate and Construction Litigation.
Bays & Bays has litigation experience in disputes involving allegations of shoddy construction, slab failures, undisclosed defects, breaches of contract, breaches of warranty, violations of the Deceptive Trade Practices Act, acts of fraud, wrongful foreclosure, foreclosure of mechanic’s liens and removal of improperly filed mechanic’s liens. Bays & Bays has extensively briefed the Residential Construction Liability Act which governs claims against residential contractors. Bays & Bays represents developers of residential subdivisions, as well as home builders, home owners, general contractors and subcontractors. Return to Home Page.

Probate and Guardianship Litigation.
Bays & Bays provides legal services to clients in probating and administering a decedent’s estate. Though most probate proceedings are carried out without any disputes, in those cases where a dispute does arise, Bays & Bays has the experience to guide their clients through the process. Bays & Bays has experience in disputes involving allegations of breaches of fiduciary duties, undue influence, forged wills, and lack of capacity. These issues typically involve loved ones who feel that they were mistreated; these cases are emotionally charged, and clients need attorneys with the experience and demeanor to handle such emotionally charged cases with dignity.

Likewise, when a parent or loved one suffers from a lack of capacity and is in need of a guardian to handle their affairs, an application to appoint a guardian may be filed. Again, most families work out these issues and there are no disputes, but in those cases where the family members cannot agree on who should serve as guardian, or whether a guardian is needed, these matters can quickly become contentious and emotionally charged. Bays & Bays has experience in guardianship disputes involving the need for a guardian and who should serve as the guardian, experience a client needs in such a trying time. Return to Home Page.

Restrictive Covenant Litigation.
Bays & Bays has litigation experience in disputes involving allegations of violations of restrictive covenants. Virtually every residential, and many commercial, subdivision in Montgomery and Harris County is controlled by restrictive covenants. Bays & Bays represents several homeowners’ associations in enforcing restrictive covenants, as well as representing numerous homeowners who have been accused of violating restrictive covenants. Bays & Bays is well-versed in the statutory framework governing homeowners’ associations and the interpretation of restrictive covenants. Bays & Bays also has experience in guiding homeowners and homeowners’ associations through the statutory scheme to lawfully amend or impose residential restrictive covenants. Return to Home Page.

Family Law.
Bays & Bays handles select cases involving divorce, property division, child custody, child support, and visitation matters, but limits this portion of its practice to cases filed in Montgomery County. With an understanding that most family law matters are private affairs, and that parents are best suited to determine what is best for their children, Bays & Bays encourages its clients to resolve these matters short of trial. In those cases when the issues actually are tried, however, Bays & Bays will provide the same zealous advocacy that is applied in other litigation matters through trial and appeal. Return to Home Page.