KITCHENS LAW FIRM, P.C.
Business, Consumer &
Have you been stiffed, injured, or ripped off?
Does your business have a problem with a customer, vendor, contractor or partner?
Areas of Practice
We handle everything from suing contractors who have done a bad job, to suing homeowners who have not paid contractors, including placing mechanics liens on properties to secure payment. We also also offer preliminary consults for people to advise them on the realities of the litigation process and whether it's worth suing someone over a problem.
We handle all types of claims for serious injuries, from vehicle collisions, slip and falls, animal attacks, civil assault claims, accidents on the job with employers who are Worker's-Comp non-subscribers, or other types of serious injuries. All representation is offered on a contingency basis, meaning you do not pay anything unless we recover for your case on these types of claims.
You may bring claims even if you do not have legal immigration status in the U.S. and you can call us now to discuss your claim, free of charge.
We handle everything from selling bad products or services, to land fraud. Particularly with the Hispanic community there is rampant abuse with what are called contracts for deed, where ones essentially rents to own land, but doesn’t get any recorded title until after all payments are made. The sellers doing these arrangements rarely do the contracts right, and frequently are selling land they do not own, do not have a right to subdivide, are sneaking around behind the lender, or in other ways selling interests which they cannot or may not be able to provide title on, even if full payment is made. We have handled many of these cases. We also handle many vehicle fraud cases against dealers large and small.
We handle all aspects of collections from doing demand letters for sums owed on loans or other kinds of debts, to filing lawsuits, or collecting on judgments clients already have. Typically we pursue commercial debts, which are generally more collectible. However, unlike most trial lawyers, we have done extensive collections work and are able to pursue the assets of debtors post-judgment. We have done this successfully all the way through state and federal trials, to pursuing people into bankruptcy, and beyond.
Business Entity Formation
Many successful people are doing business without the benefit of any kind of formal corporation/entity to protect them. But this leaves them exposed to personal liability for their business operations when they have legal claims, often far beyond the kind of liability risked by persons who are not operating businesses.
People who have formed business entities previously often still need operating agreements, investor agreements, or other related contracts.
Service and Other Contracts
Similarly, many business people are routinely doing jobs on the basis of no contract, text messages, or home made written agreements that may not adequately protect them if problems arise. We can develop general forms for people that they can use again and again from one job to the next.
We can also prepare agreements between people in business jointly, investor agreements, loan contracts and promissory notes, confidentiality agreements for employees, and a variety of other business contracts
Unfortunately, insurance companies often don’t want to pay for covered claims, even though you have been paying your premiums for the coverage. Suing insurance companies themselves can be very effective because you have a lot of statutory tools to help you in Texas, and have a right to claim for your attorney’s fees in pursuing justice. We have successfully pursued many carriers of various kinds who aren’t paying what they’ve been paid to cover.
More Sophisticated Business Transactional Work Like Preparing Terms and Conditions of Service for Businesses
If you're going to be doing business on a substantial scale, especially when you are providing complex, risky, or other products or services which require reasonable expectations and conduct by your customers, you need to think about protecting your business with some standard language regarding terms and conditions of service. While you see this often in internet based, rental, or other well established businesses, startup or smaller businesses can benefit from these too. Further, to the extent that having some standard language on the website or your service contract deters people from trying to bring even some claims, it's well worth it, even if some of the provisions might be hard to enforce, unlikely to become problems, et cetera. It pays to think ahead.
Motor Vehicle Collision & Other Defenses Without Insurance
If you have a valid insurance claim, the insurance company would likely provide you a defense lawyer for free if you get sued. But people often run into problems when they get sued and haven’t bought insurance, or their insurer tells them they have no coverage. Often it is because a claim involves an excluded driver on an auto policy, someone was using the vehicle for an excluded purpose like business at the time, or the client had let premium payments lapse. Often, the best strategy is convincing the claimant that it's not worth pursuing uninsured claims further.
Often, we can file an answer, do some basic negotiations with the other side, and get something dropped either entirely or for minimal consideration.
When this is not possible we are happy to defend clients on claims not covered by insurance throughout the litigation process, including to trial.
Meet John Kitchens
Mr. Kitchens’ goal is to provide a set of personalized services for small and medium-sized business owners that are interested in having an ongoing collaborative relationship with an attorney that results in efficiencies to the client. He represents small businesses in a broad range of litigation and general transactions including service contracts, separation agreements and entity formation. He further provides personalized, dedicated service to individuals with personal injury or consumer claims.
Mr. Kitchens has over 25 years experience in commercial, consumer, and general civil litigation. He speaks fluent Spanish, and the firm proudly represents Spanish speaking clients across it’s practice areas.
Mr. Kitchens opened the firm in 2005, and has successfully represented hundreds of small businesses and individual claimants in business transactions, prelitigation demands, and as both plaintiff and defendant in lawsuits. Mr. Kitchens has successfully represented his clients in state and federal trials and dispositive arbitrations in commercial, personal injury, and consumer rights cases.
Legal claims and lawsuits can be very frustrating, complex, and time-consuming. Most people who have not been involved in lawsuits previously have a lot of questions about the legal process, and don't know very much about it. Our firm has put together the materials below to explain what you may expect in personal injury or business claims.
Other types of cases will have some different aspects, but much of the process will be similar for other civil claims seeking money damages. We will be happy to visit with you to discuss what you may expect from your case, and how we might be able to help you.
Your Personal Injury Claim — What to Expect (Downloadable PDF)
What to Expect from Your Case — Commercial (Downloadable PDF)
- Settled major real estate investment fraud claim for investors in multiple luxury golf course lots in Cimarron Hills real estate development near Georgetown, Texas.
- Assisted in briefing on Supreme Court affirmation of denial of recovery in personal injury claim where Plaintiffs subsequently alleged juror disqualification. See Preiss v. Moritz, 121 S.W.3d 715 (Tex. 2003).
- Assisted in a briefing on Supreme Court decision striking down portions of Texas Transportation Code as unconstitutional, as predicated on impermissible prior limits on commercial speech. See Anderson Courier Service v. State, 104 S.W.3d 121 (Tex.App.-Austin, 2003) review denied (Mar 26, 2004).
- Represented Independent candidate for President of the United States in constitutional claim for inclusion on Texas ballot, November 2004.
- Assisted Wireless Internet company in effectuating orderly separation from former joint venture partner, and in drafting and negotiating service agreements with municipalities and retail access providers.
- Handled appeal of dispute between adjoining landowners regarding terms of cattle lease, and surface water encroachment caused by improvements to adjoining estate.
- Represented auto and recreational vehicle purchasers in fraud, contract, and statutory lemon law claims relating to purchase of their vehicles.
- Obtained numerous settlements for personal injury claimants in job-related, premises liability, assault, and vehicular claims.
- Obtained substantial recovery for construction worker electrocuted on jobsite maintained by Workers’ Compensation Non—subscriber employer after a successful post-judgment execution on assets.
- Obtained substantial settlement for family of wrongful death claimant injured as a result of slip and fall in produce dept. of big-box retailer, which led to decedent’s subsequent death from infection.
- Obtained $300,000 settlement post judgment after trial on the merits for fraud, DTPA violations, and other violations resulting in a Non-dischargeable bankruptcy debt. See De Paula et al. v. Roicki. See Adversary Proceeding 12-5-093 (Br. W. D. TX 2013).
- Obtained substantial recovery for individual seriously injured by a collision with Capital Metro Bus.
- Assisted wrongful death claim after vehicle pedestrian injury in obtaining policy limits and additional benefits available from life insurer and Workers Compensation death benefits carrier post-settlement.
- Assisted numerous claims in contract for deed fraud claims regarding fraudulent real estate sales.
- Successfully defended local technology company in AAA Intellectual Property arbitration brought by vendor alleging breach of contract and copyright violations, prevailing on deceptive trade practices counterclaims.
- Obtained favorable settlement for family of woman seriously injured by fall on water accumulation in office building walkway, resulting in multiple arm fractures and permanent impairment.