What types of business disputes are most common in Austin, TX?

In Austin’s fast-growing and diverse economy, business disputes are common across sectors like tech, real estate, and entertainment. Breach of contract is the most frequent issue, especially involving startups, construction firms, and event organizers. Other prevalent conflicts include partnership disagreements, employment claims, and rising intellectual property disputes tied to the city’s tech and creative industries. These disputes are typically resolved through negotiation, arbitration, or litigation, depending on the context.

How long does a commercial litigation case take in Travis County courts?

In Travis County, Texas, commercial litigation cases—such as partnership and shareholder disputes—typically last between 1 to 2 years, though complex cases or those proceeding to trial can take longer. The process includes several stages: initial filings (1–3 months), discovery (6–12 months), motion practice (2–6 months), and trial prep (3–6 months), with the trial itself ranging from a day to several weeks. Settlement discussions can occur at any time, often post-discovery, and appeals may extend the case by another 1–2 years. Factors like case complexity, discovery volume, court congestion, and lingering COVID-era backlogs influence duration, but digital court tools and mandatory mediation have improved pre-trial efficiency.

Do I need a lawyer to resolve a business dispute in Texas, or can I mediate it myself?

Mediation in Austin is a confidential, cost-effective way to resolve business disputes with help from neutral third parties, often preserving relationships better than litigation. Local providers like the DRC, JAMS, Lakeside Mediation, and Alternative Law offer various mediation services. Texas courts may order mediation before trial, but if it fails, litigation—including trial and appeals—may follow, with business courts handling complex cases efficiently. While not required, having a lawyer can help assess your case, negotiate effectively, and provide representation if litigation is needed.

What should I include in a Texas business contract to avoid future disputes?

To avoid disputes in a Texas business contract, include clear provisions tailored to your business needs and Texas law. These should cover parties, scope of work, payment terms, duration, dispute resolution, and legal clauses like indemnification, confidentiality, and jurisdiction. A Texas business attorney is key to drafting enforceable terms.

What are the steps to take if your business is being sued in Austin?

If your business is sued in Austin, Texas, it's crucial to act quickly—typically within 20 days plus the following Monday—to file a legal response. Consult a business litigation attorney immediately to evaluate the lawsuit's validity, determine proper jurisdiction, and prepare an Answer or motion. Preserve all relevant evidence, follow court-mandated discovery, and consider mediation or settlement, which is often required before trial in Travis County. If the case proceeds to trial or appeal, comply with court rulings and use the experience to improve internal practices and reduce future legal risk.

Can You Change Lawyers in the Middle of a Lawsuit in Texas?

Judge's gavel, representing a change of trial counsel in a Texas lawsuit

Yes. In Texas you can replace your lawyer at any stage of a lawsuit, even close to trial. The new lawyer files a motion to substitute counsel. Your former lawyer must turn over your file. The main issues are timing, since the court may not move your trial date, and fees, since your former lawyer may be entitled to payment under your agreement.

When should I consider changing lawyers?

Your calls and emails go unanswered for weeks, or you learn about deadlines after they pass.
You can’t get a straight answer about strategy, costs or the strengths and weaknesses of your case.
The case has stalled, with no discovery, no depositions and no movement toward trial or settlement.
The case has grown bigger or more complex than your lawyer’s practice handles.
You’ve lost confidence that your lawyer will be ready for trial.

Sometimes the problem is communication, not competence. A second opinion can tell you which.

How does substitution work in Texas?

Case review. The new lawyer reviews the pleadings, deadlines, scheduling order and discovery before taking the case.
Motion to substitute. The new lawyer files a motion, usually agreed, and the court signs an order substituting counsel.
Transfer of the file. Texas ethics rules require your former lawyer to surrender your papers and property, including the litigation file.
Catch-up. The new lawyer confirms the deadlines, then decides whether to seek more time or proceed on the existing schedule.

Will the court delay my trial?

Not necessarily. Courts don’t have to grant a continuance just because you changed lawyers. A late change works best when the new lawyer is prepared to try the case on the existing schedule, or there is a strong, specific reason for more time.

What happens to my former lawyer’s fee?

It depends on your fee agreement and why the relationship ended. An hourly lawyer is generally owed for work already billed. A contingency-fee lawyer may claim part of the eventual recovery, and in some cases, if discharged without good cause, the full agreed fee. Address the fee question before switching.

Is it too late?

Rarely. Experienced trial lawyers can step into cases at an advanced stage, take the critical depositions, re-plead claims, or reposition the case entirely.

From our case files

Late substitution, major reduction. We took over a hospital system’s defense late in a federal contract case brought by the largest U.S. hospital pharmacy-services company, took the critical deposition, and negotiated a settlement that cut the claimed amount by roughly low eight figures (2009).
Repositioning the case. When a wrongdoing LLC member sued first to pose as the victim, we realigned the case so our client stood as the true plaintiff, and the opposing claims were ultimately washed out (2021).

Client names are withheld for confidentiality. Every case turns on its own facts, and past results do not guarantee a similar outcome. See more representative results.

The Burk Law Firm regularly reviews pending cases and steps in as replacement trial counsel for Texas businesses and individuals. Call (512) 306-9828.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.

Monday:	8 AM - 5 PM
Tuesday:	8 AM - 5 PM
Wednesday:	8 AM - 5 PM
Thursday:	8 AM - 5 PM
Friday:	8 AM - 5 PM
Saturday:	Closed
Sunday:	Closed