:: Templeton Smithee Hayes Heinrich Russell LLP ::
 
 
   Our Firm / Areas of Practice
 
Templeton Smithee Hayes Heinrich & Russell, LLP is an advocacy firm, composed of six lawyers and seven support personnel.
 
 
 
Our lawyers are aggressive litigators, who combine strong academic credentials with the experience that comes only from active trial practice. Representing defendants, we have persuaded juries to deny multi-million dollar plaintiff claims. Conversely, representing plaintiffs, we have obtained multi-million dollar verdicts and settlements, including substantial exemplary damage awards. We pride ourselves in having a strong group of seasoned trial lawyers who are capable of handling any matter that we take on. Our practice quite often pits us against other top Texas litigation firms. We have a strong record of success at both trial and on appeal. We are somewhat unique because (i) we handle large commercial cases and large personal injury cases; (ii) we represent both plaintiffs and defendants; and (iii) we are willing to handle appropriate cases on contingent or other flexible fee arrangements that deviate from the standard hourly rate model. While we enjoy aggressive litigation, we realize that it is expensive, and we keep our clients fully informed as to the progress of the litigation, as well as the possibilities of settlement, future costs and the odds of ultimate success. Our lawyers strong academic backgrounds and years of practical litigation experience, as well as our track record, make our firm particularly well suited to practice in the following areas:
 
Our practice. is devoted to the trial and appeal of significant civil litigation matters, representing both plaintiffs and defendants in the areas of commercial litigation (including oil and gas, contract, business tort, insurance, real property, probate, trust and bankruptcy disputes) and personal injury litigation (including vehicular and industrial accidents, medical malpractice and mass torts). Each year, our lawyers try many bench and jury trials in state and federal courts throughout Texas, as well as participate in numerous arbitrations and mediations. Some of our lawyers serve as mediators and arbitrators, and many of our lawyers are certified by the Texas Board of Legal Specialization in one or more of the following areas: civil trial law, personal injury trial law and civil appellate law. While we are proud of our reputation, we do not rely on it. We are dedicated to proving ourselves to each client in each matter in which we represent that client.
 
Appellate. Our lawyers have participated in more than two hundred appellate matters in state and federal courts in Texas and other states. Our partner, John Smithee, is the only lawyer certified in civil appellate law by the Texas Board of Legal Specialization, who practices in the Texas Panhandle. John has developed a significant appellate practice in which he handles not only the appellate work of our firm, but other law firms throughout Texas.
 
Bankruptcy. Our firm represents creditors, debtors and trustees in all phases of disputes involving bankruptcy issues, including: (i) preferences; (ii) property exemptions; (iii) fraudulent conveyances; (iv) the validity and enforcement of liens and security interests; and (v) the prosecution of all claims and causes of action over which the bankruptcy court has jurisdiction.
 
Business Torts. Our firm represents clients who through business and professional relationships find themselves involved in claims based on fraud, negligent misrepresentation, breach of fiduciary duty, civil conspiracy, tortious interference with business relationships, business disparagement, misappropriation of trade secrets, and patent infringement.
 
Contracts. Our firm represents clients in the interpretation of contracts, as well as the enforcement and defense of contract claims in many areas, but most prominently in the areas of oil and gas transactions, insurance, and the purchase and sale of securities, goods and services, businesses, and interests in real property.
 
Insurance. Our firm represents only insureds in claims under their commercial and liability insurance contracts. Our lawyers who practice in this area have extensive experience in the interpretation and enforcement of these contracts, and our partner, John Smithee (Chairman of the Texas House of Representatives, Insurance Committee since 1993), participated in drafting the Texas Insurance Code, and various amendments thereto. Consequently, our firm has a unique perspective in this area, which permits more effective representation of our clients.
 
Oil and Gas. Our firm represents energy clients, both upstream and downstream. We work with mineral owners, independent operators, gas processors and pipeline companies to develop and protect their mineral properties and assets. We routinely work with geologists, geophysicists, engineers, accountants and landmen, and we understand oil and gas pricing and accounting. Our lawyers who practice in this area have faced the full range of issues that arise in petroleum industry litigation, including lease termination, lease development and drainage, down-hole completion practices, sub-surface trespass, title disputes, joint-operating agreement interpretation and administration, gas processing, gas accounting, gas transportation, and gas purchase agreement construction and administration.
 
Personal Injury. Our firm represents plaintiffs in significant personal injury claims Our lawyers have tried and settled hundreds of claims for plaintiffs in the areas of vehicular accidents, industrial accidents, nursing home negligence and medical malpractice. While our firm represents only plaintiffs in the area of personal injury, several of our lawyers have a great deal of experience in defending these claims, which gives our firm a unique perspective in this area which also permits more effective representation of our clients.
 
Probate/Trust. Our firm represents clients in all phases of disputes involving probate and trust issues, including: (i) the interpretation of wills and trust documents; (ii) will contests; (iii) probate and trust administration; and (iv) breaches of fiduciary duties by administrators, executors, trustees and persons having confidential relationships with decedents or beneficiaries of decedents.
 
Real Property. Our firm represents clients in all phases of disputes involving real property, including: (i) contracts for purchase and sale; (ii) surface use disputes; (iii) water rights disputes; (iv) title disputes; (v) damages to surface, and improvements, including those caused by fire; (v) surface and subsurface contamination; and (vi) condemnation.
 
 
 
 
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