GETTING STARTED
To get us started helping you with your environmental concern, we need some information from you. Please call the office at 972-381-9800 and give Karen the following details of your situation. Or send an Email to Mark (mark@mctexlaw.com) with the following information:
Your name, and the name of your business if applicable;
Your contact information (mailing address, phone numbers, fax numbers, Email addresses, at a minimum);
The names of any individuals or businesses that are adverse to you (so we can run a conflicts of interest check); and
A brief summary of your situation, being careful not to disclose confidential information. You do not have attorney-client privilege with this lawfirm until we agree in writing to represent you.
Once we agree to represent you, the information we need will depend on your situation. We have listed some common situations so you can get a head start on gathering the information, because time is likely of the essence. Documents may be faxed to us or scanned and Emailed, preferrably as PDF documents.
COMMON SITUATIONS
RETAINERS
ENVIRONMENTAL CONSULTANTS
COMMON SITUATIONS
Defending TCEQ Enforcements: copies of all documents between you and the TCEQ about the issue in enforcement (letters, investigation reports, etc.), any permits (waste, air, water) issued to you by the TCEQ, any leases of the property at issue, the articles of incorporation or similar document of the business entity that is the "target", if applicable.
Chrysler or GM Dealership Closings: copies of any permits or registrations for any petroleum storage tanks, the lease of the physical facilities, if applicable, any certificate of completion issued by the TCEQ for any aspect of the dealership property, any Phase 1 or Phase 2 Environmental Assessment Report completed immediately before your operations or at any time during the time period you operated on the property, the articles of incorporation or similar document of the business entity that operated the dealership, if applicable.
Developing an Environmental Solution: a written summary of your current status and a description of what you want to achieve. These are so varied and specific that it is hard to develop a list of documents which would have general application. We usually develop the list based on your summary and the applicable agency rules and regulations.
Making an Environmental Complaint: copies of all documents between you and the person or entity you are complaining about relating to the subject of the complaint, any communications you have had with any governmental agency about the matter (TCEQ, RRC, EPA), a summary of your complaint in as much detail as possible (for example, the date on which the offensive activity or odor began, the problems or harm being felt by you), and a summary of any history between you and the target (such as, disclose whether you are a former employee, former spouse, competitor, or neighbor of the target).
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RETAINERS
This lawfirm typically requires the payment of initial retainers from first-time clients. The retainer amount is not intended to be an estimate of the "cost" of the project, but rather it is intended to confirm your commitment to the project, because you are asking us to commit attorney time to the project almost immediately. Attorney time is billed against the retainer until it is exhausted. At that time either the retainer will be replenished for future billings, or we will bill on regular monthly invoice.
Monthly invoices are sent on or shortly after the first day of each month, and are due and payable in full by the 20th day of that month (for example, for work performed in January, the invoice will be sent in the first few days of February and payment is due by February 20), unless you have made a prior arrangement with us in writing. If monthly invoices are paid late, we may require retainer replenishments for future work.
You can review our standard billing terms by clicking here. If the LawFirm agrees to represent you, you and the LawFirm will sign a Retainer Letter or Retainer Email that identifies the Client, specifies the scope of the representation, identifies the points of contact for the Client, and incorporates by reference the terms and conditions of our standard billing terms on that page.
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ENVIRONMENTAL CONSULTANTS
We often employ environmental consultants on your behalf in the normal course of providing service to you. We do this for two reasons. One, much of the work in the environmental area is tecnhical, involving geology, hydrology, geoscience, and perhaps paleontology. These areas are beyond a lawyer's expertise. Two, environmental consultants are often less expensive per hour than lawyers, and so it often makes the most financial sense to assign work to the more cost-effective individual.
Different consultants have different expertises, experiences, and personalities, and we try to take these into account in the selection process. We will recommend specific consultants to you when we feel it is necessary or appropriate. You will have the ultimate decision about the particular consultant that will work on your project. Generally, you will pay the consultant directly, although the consultant's agreement may be with this lawfirm as necessary to protect attorney-client privilege.
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