Golden Law - A Professional Corporation

Previous Law Firm Name

• Smith, Barshop, Stoffer & Millsap, Inc, May 1, 1991

Law Firm Overview

I was born January 20, 1952 in San Antonio, Texas and attended the University of Texas at Austin, obtaining a Bachelor of Business Administration degree with highest honors in December 1973. I then attended law school in Austin and graduated with a Juris Doctor degree with honors in 1977.

After law school, I moved to El Paso, Texas, where I was a partner in a small firm and had a trial practice consisting of criminal law, personal injury, consumer law, and domestic relations. The Texas Board of Legal Specialization in the area of Family Law certified me in 1983. In 1984, I moved back to San Antonio and joined the firm of Davis and Smith, which later became Smith, Barshop, Stoffer & Millsap, a twenty-five-person firm, where I was head of the Litigation Section. Since 1984, my practice has been concentrated in the area of civil litigation, primarily in general business litigation.

I obtained certification by the Texas Board of Legal Specialization in the area of Civil Trial Law in 1989 and have maintained that certification since then.

In June 1991, I opened my solo practice, again concentrating in the area of civil litigation, which has continued to the present. My practice continues to mainly involve general business litigation, although I do other general civil litigation matters, as well as some general representation of business clients. I have also been extensively involved in contested litigation in the probate court, both representing guardians and trustees and attacking them. One significant case in which I was involved was a suit in which my clients, as beneficiaries of a large family trust, were suing the trustee, who was their brother, for breach of fiduciary duty. This case resulted in a judgment against the brother for approximately $9 million, and collection efforts in several states are still ongoing. Additionally, in 1998, I conducted a trial of a legal malpractice case in which I represented the executrix of an estate against her former attorney for negligence and breach of fiduciary duty, which we claimed resulted in the unnecessary payment of a large amount of death-related taxes and excessive attorney’s fees. We were successful in recovering a judgment against the attorney for reimbursement to the estate.

After having participated in several mediations as a litigant in various civil matters, I took mediator training in March 1994, and subsequently completed all requirements to be a qualified mediator by the Attorney-Mediator Institute. I continue to actively practice law, representing civil litigants generally, but I also conduct mediations and arbitrations in most civil matters, as well as contested probate, estate, and trust matters.

I am admitted to practice before the courts of Texas, the United States District Courts for the Western, Southern, and Northern Districts of Texas, and the Fifth Circuit Court of Appeals.

Areas of Practice

• Real Estate Litigation 60%
• Probate & Estate Litigation 10%
• Commercial Litigation 10%
• Consumer Litigation 10%
• General Business 10%

Honors and Awards

• Qualified Mediator, Attorney Mediators Institute, 1993 - Present

Published Works

• Characterization of Assets, Texas Practice Guide, 2d Ed., Vol. II, 1985

Representative Cases

• Carter v. Carter, 21 S.W.3d 441 (4th Circuit of Appeals (TX) 2000)
• Henderson v. Viesca, 922 SW.2d 553 (4th Circuit of Appeals (TX) 1996)
• Exparte Calvillo Amaya, 748 S.W.2d 224 (Texas Supreme Court 1988)

West Practice Categories

Alternative Dispute Resolution, Arbitration, Mediation, Mini-trials, Private Judging, Bad Faith Insurance, Foreclosure & Alternatives, Business & Commercial Law, Consumer Protection, Contracts, Debtor/Creditor, Joint Ventures, Warranties, Business Organizations, Closely Held Businesses, Directors' & Officers' Liability, Limited Liability Companies, Partnerships, Shareholders' Rights, Collections, Construction Liens, Housing & Construction Defects, Living Wills, Powers of Attorney and Appointment, Trusts, Prenuptial Agreements, Insurance Subrogation, Litigation & Appeals, Complex Litigation, Federal Trial Practice, State Appellate Practice, State Trial Practice, Animal Bites -- Defense, Defamation & Privacy -- Defense, Premises Liability -- Defense, Property Damage -- Defense, Slip and Fall -- Defense, Wrongful Death -- Defense, Assault & Battery -- Plaintiff, Defamation & Privacy -- Plaintiff, Premises Liability -- Plaintiff, Property Damage -- Plaintiff, Slip and Fall -- Plaintiff, Wrongful Death -- Plaintiff, Probate & Estate Administration, Estate Administration, Legal Malpractice, Real Estate Law, Commercial Real Estate, Conveyancing, Landlord/Tenant, Residential Real Estate