Hot Texas property

People are snapping up real estate along the I-35 corridor. We’ll help you get – and keep – yours.

Set yourself up for success by building a solid legal foundation for your business. You can’t make money if someone can take it away in court.

Local lawyers

We’re fifth- and sixth-generation Texans who live and work right by you. Visit us on the Comal River just a minute’s drive from some of the most-beautiful amenities in the country.

FATHER AND SON TEAM Dalby and Tom Fleming live and work in the New Bruanfels area. We can advise you how to protect your business and property in what is now the fastest-growing region in the United States. We’ll make sure the money you earn stays in your bank account through our sound legal counsel. When compromise isn’t an option, we’ll see your opponents in court, where Dalby Fleming enjoys a reputation as one of the toughest go-to litigators around. Practice areas include Real Estate Transactions, Real Estate Litigation, Contract Law, Commercial Litigation, Business Law and Construction Law. Clients include numerous banks, homeowners’ associations, commercial real estate developers, municipalities and hundreds of private businesses and homeowners.

Fleming & Fleming attorneys are licensed to practice before U.S. Court of Appeals for the 5th Circuit and U.S. District Court for Western and Southern districts of Texas. Tom Fleming is licensed to practice before the U.S. Supreme Court.

Please call the Firm at 830-627-9350 to learn more about our expertise. Or, email

dalby flemingManaging member DALBY FLEMING is a fifth-generation Texan who grew up on the border in Brownsville, Texas. A graduate of St. Mary’s Law School in San Antonio, he’s an aggressive commercial litigator and real estate/business law expert who focuses on his clients’ bottom lines. He founded Fleming & Fleming after leaving San Antonio’s prestigious Davidson & Troilo law firm.

tom flemingOf-counsel TOM FLEMING provides legal analysis and advice at Fleming & Fleming, and researches complex legal matters at no additional fee to clients. An AV Preeminent-rated attorney since 1995, Fleming’s earned many honors during his distinguished 45-year career in business law and litigation. He’s served on the Board of Directors of the State Bar of Texas and chaired the Texas Supreme Court Grievance Oversight Committee.

A Firm You Can Count On

Tom and Dalby Fleming have represented and fought for corporations and businesses of all sizes throughout the great State of Texas for a combined total of over 60 years.

Practice areas include commercial litigation, construction law, collection and creditor's’ rights, contract law, real estate law, employment law, corporate law, municipal law and business law (commercial or personal).

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Real Estate Transactions

Fleming & Fleming can help you plan, structure and negotiate complex and valuable real estate transactions. We assist individuals, homeowners, investors, lenders, developers, HOAs and businesses negotiate, litigate, acquire, develop, finance, lease and sell residential and commercial real estate.

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Real Estate Litigation

Real estate is typically the most important piece of and costliest investment in both personal and business transactions. Owners, homeowners, developers, secured lenders, governmental entities borrowers, loan participants, bondholders and others have huge stakes in this important business investment. Learn how Fleming & Fleming can help protect your assets.

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Commercial Litigation

Because San Marcos and New Braunfels are growing so rapidly, Fleming & Fleming litigates mostly general commercial disputes. Specialties include breach of contract cases, business dissolutions, dispute resolutions, merchandising, creditors’ rights and bankruptcy, government contracts, trade secrets, bills of exchange and partnerships, civil codes and more.

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Business Law

Business law sets up, manages and protects entities like sole proprietorships, LLCs, franchises, partnerships and corporations. Fleming & Fleming can help you with structuring corporations, partnerships and limited liability companies; Federal and state laws affecting businesses; consumer protection laws; transactions; property laws; contract laws and more.

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Construction Law

New Braunfels and San Marcos are exploding. Never before has construction law been so important to area municipalities, businesses, developers and residents. Fleming & Fleming represents area contractors, builders, architects, consultants, engineers, subcontractors as well as and sureties and owners navigating this frequently bewildering construction environment.

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Contract Law

Contracts are the foundation, in fact, of our entire legal system. ignorance about these most basic of legal agreements can be extremely costly for your business, and the ramifications enormously complicated. Before your business enters into any kind of business arrangement or makes any kind of deals, call us. We have thorough knowledge of laws governing contracts at federal, state and local level and can help you create contracts as well as ensure their compliance and management, or administration.

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It's Your Property - Or Is It?
Texas is wide open for business
Happy new business laws!
Questions to ask before hiring an attorney
Legal resources local businesses need to survive and thrive

It's Your Property - Or Is It?

eminent domainThis area’s growing fast. But underpinning construction of every new home, shopping center, warehouse or tourist facility in New Braunfels and San Marcos is something few property owners think of — infrastructure.

You need infrastructure to turn your lights on, flush your toilet, wash dishes, drive to work, cross rivers and basically enjoy all modern amenities. But businesses and municipalities that make these things happen need land to produce them.

Possibly your property.

What about your rights? Can local, state or federal governments do what they want with your real estate assets?

Individual property rights and eminent domain — the government’s right to seize your property for public use — is one of the hottest legal issues facing Texans today. Ninety-five percent of the land in our state is privately owned.

This year, for the first time ever, University of Texas School of Law and University of Houston Law Center introduced classes centered solely on eminent domain, once considered a small part of business law.

Luke Ellis, the Austin-based attorney who teaches at University of Texas, describes eminent domain and condemnation as “an evolving, important area of law.”

Condemnation is defined as the appropriation of private property by the government against the will of the owner.

For example, landowners who refuse to sign agreements with pipeline companies have little legal recourse.

Elected county commissioner courts can only assess value of land.

In an effort to protect its citizens, the Texas Attorney General’s office created a bill of rights that bars the government or, a private entity acting on its behalf, from illegally seizing your property.

These are hardly inalienable rights, however. You’ll need more than adequate legal representation to challenge the government in Texas courts.

In March of this year, state lawmakers on the Senate’s Committee on State Affairs reviewed eminent domain laws with an eye to protecting landowners duking it out with high-powered pipeline companies, public agencies and other entities that wanted to condemn their land. No less an authority than Texas Lt. Governor Dan Patrick asked legislators to consider landowners’ interests.

Kathleen Hunker, a senior policy analyst with the Center for Economic Freedom at Texas Public Policy Foundation, defines private property as a means of giving individuals a way of transforming labor into usable wealth.

“A regulatory taking, occurs when government regulations interfere with a landowner’s right to use, develop and dispose of his or her property,” she writes. “The landowner is left with physical possession but the accompanying rights have been unilaterally terminated, often at great expense to the landowner.”

“Water” is the word most Texans associate with “rights.” Water rights are indeed, ultimately, the most-pressing concern and possibly limiting factor facing developers in Central Texas.

But there’s another issue out there which affects us all, and that’s your property and your property rights.

Hunker warns that Texas property owners stand before the courts “with only a barren quiver and shaky shield to defend themselves against regulatory encroachments on their property.”

Growth is good. Eminent domain and condemnation will fuel the Texas economy for at least the next 25 years.

But should it threaten your most tangible asset?

Texas is wide open for business

texas signOr so promises a website of kind of the same name,

If you add "/start-business" without the quotes to the end of that url, you can access pretty good – and free – advice about legal requirements for operating a small business in the Lone Star State.

The site includes a small business handbook published, ostensibly, by the governor himself. He even appears in a video entitled “Keeping Texas the Beacon of Opportunity.” As the website promises, “Texas is always breaking news, going places, and welcoming new companies and jobs to our great state.”

This is certainly true for our area, which is generally known as the fastest-growing region of the United States.

New Braunfels and San Marcos are welcoming so many companies and jobs that our super-heated real estate market can’t keep up with the growth.

But if setting your business up for success were as easy as downloading the governor’s handbook then deciding between forming a general partnership or going for a registered limited liability partnership, Fleming & Fleming frankly would be out of business.

You wouldn’t need us to protect your bottom line from others who read between every line of the contracts you sign, the deals you structure and the real estate transactions you make.

Business law, or commercial law, as it more formally is known, encompasses a huge body of laws governing business entities, practices and transactions rolled into the Uniform Commercial Code.

It’s not for the amateur nor the faint-hearted. Millions can be made and lost over inattention to the right details when deciding to remain a C corporation, convert it to an S corporation or just got with an LLC.

Texas may welcome new companies and great jobs, but just like every other state in the union, it’s host to a variety of liability issues, inept vendors and suppliers and, yes, thousands of attorneys willing to take you to court on a whim.

Sometimes, all of the Top 10 Tips and downloadable legal forms in the world aren’t enough. You never know if you’re really dealing with the right person, spelled out all of the rights and obligations in a contract, specified every payment obligation or agreed on ironclad procedures for dispute resolution.

Business doesn’t operate on a handshake. It runs on sound, preemptive legal guidelines that safeguard your bottom line.

That beacon of opportunity shines brightly all right. But you need to keep it burning, with sound legal advice.

Happy new business laws!

texas legislature full2016 Texas Legislature2016 rings in changes in state business laws. They bode well for startups and businesses already booming along the I-35 corridor between San Antonio and Marcos.

I'm not talking about licensed open carry of handguns, currently dominating the news cycle.

The Texas legislature in 2015 considered other laws that didn't grab media attention but create an even more favorable business climate for New Braunfels and San Marcos areas.

Celebrate 2016 with a closer look at the pro-business outcomes of last year's 84th legislative session:

  • This year, you'll pay 25 percent less in franchise taxes. The Texas business community fought hard to repeal the unpopular tax but legislators said the state's 2016 budget couldn't take the hit. In addition to tax reduction, a $1 million exemption and deduction for smaller businesses stays in place. House Bill 32 grants an EZ computation option for businesses whose revenue doesn't exceed $20 million.
  • In Texas, there'll be no increase in minimum wage despite 12 mandates filed in the last session.
  • Twelve bills were filed that would have broadened the definition of an unlawful business practice -- but only one, with the support of the business lobby, actually passed. Proposed legislation would have added discrimination over gender identity and sexual orientation to the list of unlawful employment practices. Regardless of your opinion on these matters, the bills would have opned businesses up to additional litigation and liability.
  • Also killed during the last legislative session were eight bills that extended the time employees can file wage claims from 180 days up to two to five years. Proposed legislation also sought to open up the definition of discrimination or retaliation. That might have helped Fleming & Fleming's bottom line ... but it would have proved disastrous for yours.
  • Thwarted as well were several bills that would have required employers to grant paid leave for reasons including domestic violence or sick siblings.

So you can ring in the New Year mired in certain issues -- no new mandates for licensing requirements, health insurance, minimum wages increases, or paid leave — or recognize and acknowledge legislative accomplishments like meaningful relief for franchisees.

Celebrate 2016 by learning more about how to make your business even more successful and profitable in the New Year. Check back soon. I'll post more advice about fine-tuning your legal strategies to make and save even more money.

Questions to ask before hiring an attorney

blog hiringSeveral years ago, Entrepreneur Magazine featured an article titled, “10 Questions to Ask Before Hiring a Small-Business Attorney.”

They’re all common-sense queries, probably questions you should ask before hiring any attorney: “What is your approach to conflict resolution?” and “How much experience do you have dealing with my industry?” “Will there be anyone else handling my work?”

I’d like to answer these three, and I hope my answers pleasantly surprise you. To hear what I have to say about the other seven questions … give me a call!

What’s my approach to conflict resolution? Obviously, I’m a litigator.

I left the old, prestigious San Antonio law firm of Davidson & Troilo PC, where I was a shareholder and one of the 'go-to' litigators, to found Fleming & Fleming PLLC in New Braunfels. Now that explosive growth is the norm in Comal, Hayes and Guadalupe counties, I wanted to fight for businesses and startups thriving in the highly competitive, complex business environment between San Marcos and San Antonio.

Fleming & Fleming's job is making sure the money our clients make stays in their bank accounts. We guide their growth in the smartest-possible legal manner and, by aggressively litigating on their behalf when compromise isn't an option.

However, I view litigation as the last resort. It surprises most of my clients when I tell them fighting on principle isn’t always a good idea. We work to help our clients make good business decisions they’ll be pleased with three years from now rather than three days from now.

How much experience do I have dealing with business law and commercial litigation? Between myself and my father, Tom Fleming, we have 65 years of experience in representing very sophisticated clients and managing very delicate cases. Our practice areas include commercial litigation, construction law, collection and creditors' rights, contract law, real estate law, corporation formation, municipal law, and commercial/personal business law.

Will I allow anyone else to handle your account? Absolutely not. My Dad and I have made a very deliberate choice to stay small and focused. We don’t hand off our clients to anyone else. Your bottom line is our bottom line, and if we haven’t helped you make or save money using our services, I’m not satisfied.

Don’t trust your business to anyone else. Fleming & Fleming will help you anticipate potential problems and protect yourself and your business.

Legal resources local businesses need to survive and thrive

blog resourcesLand use and development is a huge part of the growing community along the I-35 corridor between San Antonio and San Marcos.

The developers behind this rapid expansion have very deep pockets and very good lawyers. Fleming & Fleming provides the commercial resources local businesses need to survive and thrive the area’s rapid transition into the hottest economic region in the United States.

We’re not a great big law firm. We don’t intend to be a great big law firm. But we have the experience to handle the economic tsunami engulfing area businesses.

People who aren’t used to dealing with lawyers think they need to run out and hire a huge law firm to deal with the encroachment of very big corporations. That’s not the case. Fleming & Fleming’s dealt with major international, national and big regional corporations and banks. Our clients have included developers, house-builders, investors, infrastructure firms and many other big players.

We can do what other law firms in this area can’t: Provide sophisticated legal services at small town prices. We keep the New Braunfels and San Marcos business communities on equal legal footing with deep-pocketed developers.

We can advise you about the enormously complicated legal matters associated with development, issues like joint ventures, acquisitions and dispositions, zoning and land issues and closings for property purchases and sales. We can draft and negotiate licenses agreements, site leases, and land rights agreements.

Give us a call today. Small businesses often don’t recognize is the need for an attorney before there are problems. Why put your business at risk? Find out what you need to know about growth and development before it’s too late.