Family Law

• Divorce
• Guardianship
  Guardianship disputes - Matters related to the legal guardianship of minor children or disabled adults are handled in probate court, and litigation may be required if disputes about these issues arise. If you are concerned about the welfare of a minor child or vulnerable adult, our attorneys can help you petition the court for guardianship. We can also represent family members who are contesting a guardianship petition or who have concerns about the actions of a guardian.

Criminal Law

• Embezzlement
  Fiduciary matters - When an employee, officer, or partner fails to put the business's interests first and self-deals, this is often considered to be a breach of the fiduciary duty that was owed to the company. Whether these cases involve outright embezzlement or diverting opportunities away from the business, a breach of fiduciary duty can cause tremendous damage to a company, and our firm can help address these issues through litigation.
• Forgery
  Fraud or forgery - If it can be shown that the decedent's signature on the will was forged, that the document was altered after it was originally signed, or that the decedent signed the will while believing that it was another type of document, the will may be invalid.

Business and Corporate Law

• Corporate Law
  Attorney Scott Cain is a certified mediator who is frequently appointed by courts to help parties resolve their disputes. His practice consists of all areas of civil litigation, appellate law, oil and gas, corporate law, probate and estate law, real estate, and condemnation. In addition, he has extensive experience in commercial disputes and complex, multi-party mediation. Mr. Cain has experience both as an advocate representing clients during the mediation process and as a neutral mediator or insurance umpire.
• Mergers and Acquisitions
  Mergers and acquisitions - We can ensure that all legal requirements are met when one company purchases or merges with another.
• Business Formation
  Business formation is the process of creating a legal business entity. This typically involves selecting a business structure, filing the necessary paperwork with the state, and obtaining any required licenses. There are multiple options available when choosing a business entity, and they each have different advantages and disadvantages. Commonly-used business entities include...
• Business Disputes
  To succeed, your business needs more than discreet legal advice; you need a comprehensive game plan, from day one, that can get your business started on the right foot, that anticipates problems you may encounter in the months and years to come, and that always has your long-term success in mind. Even though you know the details about how you will run your business and have put goals in place, you may not be aware of the different types of legal issues you may need to address. With the help of a skilled business law attorney, you can be prepared to handle different types of legal concerns, and you can create a winning business strategy that will help your business grow and succeed in the years to come.
• Business Transactions
  Commercial transactions - We have experience handling multiple types of complex transactions, such as the purchase or sale of office buildings, retail space, warehouses, and other types of commercial property. We understand the unique considerations that are involved in these types of transactions, and we can help address issues related to due diligence, zoning, environmental concerns, and permits. We can also help draft and negotiate residential and commercial leases.
• Construction Contracts
• Intellectual Property
• Unfair Competition
  Unfair competition - Businesses may compete with other companies in the same industry for customers or market share. If a business believes that its competitor is using unfair or illegal business practices, it may be able to file an antitrust claim. This type of claim may involve allegations of false advertising, trademark infringement, or other types of business-related misconduct.
• Antitrust

Employment Law

• Workers Compensation
  Workers' compensation - Unlike most other states, Texas does not require employers to have workers' compensation insurance policies addressing injuries suffered by employees in the workplace. However, not carrying workers' compensation (often called "non-subscribers") can have consequences. Non-subscribers may be at risk of lawsuits claiming that employees suffered injuries due to negligence, and they may be left with few options regarding defending an injury claim. By understanding the potential consequences of not carrying workers' compensation insurance, employers can determine the best steps to take to protect themselves and their employees.
• Wrongful Termination
  Labor disputes - We provide representation for employers in employment law disputes, including those related to discrimination, harassment, wrongful termination, and wage and hour claims.
• Employment Contract
  Employment contracts - Legal agreements between an employer and their employees need to address multiple issues, including the terms of employment, the compensation and benefits that will be provided, and the circumstances in which employment can be terminated. Employers who wish to include non-compete agreements, non-disclosure agreements, or similar restrictive covenants in employees' contracts will need to make sure these agreements are enforceable.
• Employment Litigation
  An experienced lawyer can help an employer navigate these legal issues successfully. By working with an attorney at Cain & Kiel Law, an employer can be confident that they are taking the necessary steps to protect their business while also complying with all applicable employment laws. In addition to assisting with contracts, employee manuals, and other employment documents, our firm can help employers resolve employment disputes quickly and efficiently, without the need for costly and time-consuming litigation or administrative hearings.
• Non-compete Agreement
  Employment law - We work with employers to develop human resources policies and handle other employment-related matters, such as non-compete agreements.
• Sexual Harassment
  Discrimination or harassment complaints - Employers must ensure the workplace remains free of discrimination and harassment. While that seems straightforward, ensuring that a business remains compliant with state and federal regulations is often a complex task. Adopting a company policy is only the first step toward ensuring legal compliance. A business also has to determine the best ways to address reports that employees have encountered harassment in the workplace, including sexual harassment or being treated differently because of factors such as race, religion, gender, sexual orientation, national origin, age, or disability. By addressing these issues correctly, employers can avoid claims of retaliation, wrongful termination, failure to address a hostile work environment, or other forms of discrimination.

Property Law

• Real Estate Litigation
  Residential transactions - We work with buyers and sellers in all types of residential real estate matters, including the purchase and sale of single-family homes, townhouses, condominiums, and investment properties. We can help address a variety of legal issues that may arise during the course of a transaction, including real estate taxes, title defects, easements, contingencies, and matters related to inspections and repairs. Our goal is to help our clients complete the home closing process successfully.
• Construction Litigation
  Construction - We can assist with the negotiation and drafting of construction contracts, advise on legal issues that may arise during construction, and represent developers in construction litigation matters.
• Real Estate Transactions
  There are a variety of legal issues that can arise when conducting real estate transactions or addressing other concerns related to real estate property. Whether you are buying or selling a home or a commercial property, addressing matters related to residential or commercial leases as a landlord or tenant, or planning a development project, it is important to have an experienced real estate attorney on your side. A skilled lawyer can help you understand your rights and options, and they can make sure you avoid potential pitfalls as you navigate the process.
• Eminent Domain
  Pipeline and eminent domain issues - We assist with the negotiation of easements and other agreements related to pipelines, as well as with eminent domain issues that may affect property owners or oil and gas companies.
• Easement
• Land Use and Zoning
  In addition to civil litigation, railroad companies may also need assistance with real estate or administrative matters. Zoning and land use issues can be complicated, and railroad companies may need to obtain special permits or variances in order to operate in certain areas. Regulations governing the railroad industry are constantly changing, and companies must stay up-to-date in order to avoid penalties. Our attorneys have experience assisting railroad companies with administrative issues, and we can help them address and resolve any concerns they may encounter.
• Landlord-Tenant Disputes
  For entrepreneurs and business owners, finding a commercial property to run your business out of is often a significant challenge. Once an adequate space is secured, the next step is to sign a commercial lease agreement and make the landlord-tenant relationship official. Unfortunately, most business owners are juggling countless responsibilities, so it is easy for them to overlook red flags in the lease agreement. Signing a bad lease can lead to unnecessary costs and major legal headaches down the road.
• Property Damage
  Commercial real estate disputes - Businesses may need to resolve disputes with landlords, tenants, or other parties involved in commercial real estate transactions. These disputes may involve issues such as the breach of a lease agreement, property damage, or construction defects. We can help business owners understand their options for addressing these types of disputes and take the necessary steps to protect their interests.

Health Law

• Personal Injury
  Railroad law - Railroad companies may need to respond to personal injury lawsuits arising out of train accidents, as well as other types of civil litigation. With our experience in railroad litigation, we can help companies protect their interests and resolve these matters effectively.

Trusts and Estates

• Estate Planning
  At Cain & Kiel Law, we have many years of experience advising and representing clients in estate planning and probate matters throughout Texas. Whether you need to create an estate plan, update one, or address probate issues after the passing of a loved one, our attorneys can answer your questions and help you find solutions.
• Wills
  The team of attorneys at Cain & Kiel Law provide compassionate, effective legal help to those who need to address issues related to probate administration and litigation. We can help family members determine the best ways to handle will contests and make sure their loved one's wishes are carried out correctly. Whether you believe that your family member's will is invalid, are concerned about your ability to inherit property, or need to respond to claims made by other heirs or beneficiaries, we can advise you of your options and provide you with legal representation to help you resolve these matters as quickly and effectively as possible.
• Trusts
  Living trusts - A revocable living trust will allow you to manage your assets during your lifetime. You can be the trustee of your own living trust, which means that you retain control over the property that is held in the trust and use your assets to provide for your own needs. You can also appoint a successor trustee who will assume control of the trust after your death and provide instructions for how your assets should be distributed to your beneficiaries.
• Power of Attorney
  Powers of attorney - For those who are concerned about making sure their wishes regarding medical treatment or financial matters will be followed, powers of attorney may be used to name someone else who will be able to make decisions on their behalf. We can assist with the creation of agreements that will apply in multiple different types of situations, including when a person is incapacitated and is unable to make decisions or communicate their wishes to others.
• Probate
  Regardless of whether the estate is simple or complex, the probate administration attorneys at Cain & Kiel Law can help ensure that the process goes as quickly and smoothly as possible. Please see our probate administration overview to learn more about the probate services we offer.

Finance Law

• Foreclosure
  What makes our firm different is our belief that while you are seeking a lawyer to successfully resolve thorny issues, you can and should be actively involved in your case. We work to maintain frequent client communications, and we are committed to clearing up confusion and misunderstandings as quickly as possible. With our experience in complex real estate litigation, including cases involving mortgages, lien foreclosures, contractor disputes, and other types of residential and commercial matters, you can be sure that you will have the legal representation you need. We strive to ensure that you will have the peace of mind you deserve as you address issues related to real estate law.
• Tax Law
  Tax issues - There are a number of tax concerns that need to be taken into account when completing a merger or acquisition. A qualified business law attorney can help ensure that all applicable taxes are paid and that the transaction is structured in the most tax-efficient manner possible.