April Lucas

Practice Areas

Professional Liability Litigation

Wealth Preservation and Estate Planning

Litigation

Complex Business Litigation

Appellate

Oil & Gas

Corporate & Tax

Oil & Gas Litigation

Professional Memberships

Austin Bar Association, Texas Supreme Court Historical Society, Travis County Women Lawyers' Association, Williamson County Bar Association: Women Lawyers Section

Personal

April serves as General Counsel and Loss Prevention Partner for McGinnis Lochridge.

Experience

PROFESSIONAL LIABILITY LITIGATION

- Representing large Texas firms and individual lawyers in lawsuits in federal, state and bankruptcy courts, defending against allegations of negligence, legal malpractice, fraud, misappropriation of funds, and breaches of duties to parties and court, and family law and property law matters.

- Representing a large Texas firm regarding time-sensitive questions about ongoing legal advice to a client with immediate employment, contract, trade secret and intellectual property concerns.

- Defending a large Texas firm and individual attorney in state court against claims of conspiracy and breach of fiduciary duty, in transactional representation and healthcare law work.

- Defending an attorney and firm in state court against claims regarding breaches of duties of loyalty and care. The claims alleged multiple representations of a business entity and principals in real estate and business matters, and were settled before trial.

- Representing an attorney defendant in a state court suit involving allegations of legal malpractice in connection with an administrative matter and dealings with a Texas agency.

- Defending firm and attorneys in dismissing federal suits alleging fraud and civil rights violations.

- Representing various defendants in removals of legal malpractice or breach of fiduciary duty claims and changes of venue to appropriate courts.

- Defending attorneys and firms in response to written discovery, depositions, subpoenas, and trial testimony.

- Work on the successful defenses of individual Texas attorneys in response to grievances filed, including work on preliminary stages, briefing, discovery disputes, and hearings.

- Defending departing attorney against claims by firm, including addressing temporary restraining order and proceedings in multiple courts, and legal and ethical issues surrounding fee agreements, with successful negotiated resolution.

- Representing firm in suit against departing attorneys concerning issues of firm property, billing, and fee agreements, and involving temporary restraining order, with successful mediated resolution.

- Representing partner in law firm dissolution and related suit, with multiple temporary orders, to successful settlement.

TRUST, ESTATE & PROBATE LITIGATION

- Work on family disputes, representing family members, including trustees and beneficiaries, in South Texas disputes involving trusts, family businesses, real estate, mineral interests, partitions and family partnerships.

- Representing executors in official or personal capacities in state court suits in multiple counties regarding the probate of wills, recovery of estate assets, and claims of impropriety, through settlements, summary judgment proceedings, or final trial.

- Representing beneficiaries under wills in probate litigation. Many of these matters have been resolved through mediated settlement agreements before trial.

- Representing beneficiaries of trusts in disputes concerning fiduciary duties.

- Representing trustees and trust companies in matters involving trusts and defending against beneficiary claims, including matters in Travis, Dallas, and Webb counties.

- Representing family members working with executor in probate matter concerning dispute involving family limited partnership, trust and real estate issues, mineral interests and cattle business.

- Resolving litigation with various family settlement agreements, including agreements concerning issues of trusts, termination and distributions. Obtaining a successful family settlement agreement following the probate of a will in a South Texas matter that involved competing claims to a homestead, ranch, real property, equipment, funds and family business.

- Successfully disposing of allegations against administrator in heirship involving rights of minor heirs through settlement.

- Successfully obtaining a mediated settlement of dispute over timberland in trust.

- Representing prospective guardians and family members seeking and opposing guardianship in proceedings in Travis, Webb, and Hays Counties for proposed wards who were mentally incapacitated, underage, or elderly.

- Will contests concerning claims of lack of testamentary capacity and undue influence.

GENERAL LITIGATION

- Assisting in the representation of a business to protect and maintain trade secrets, including litigation of matters involving breach of contract, employment and misappropriation of trade secrets. Some matters resolved through settlement, while others involved representation through federal trial and appeal.

- Representing a Central Texas business in defending against breach of contract claims made by a former independent contractor. The lawsuit resolved successfully by settlement before trial.

- Representing individuals, families, and a foundation in various real estate, partition, transfer, and ownership disputes, including work on advising clients, lis pendens filings, discovery, trial, and appeal.

- Defending landowners against claims made by a mining company regarding contractual interpretation, delay rentals and termination issues. Assisted with temporary restraining order and temporary injunctions proceedings and successfully litigated the matter through trial and appeal.

- Representing a plaintiff in a breach of contract and fraud lawsuit followed by arbitration, settlement, and collection through defendant's bankruptcy proceedings.

- Representing a plaintiff investor in arbitration before the Financial Industry Regulatory Authority (FINRA), asserting claims for fraud and unsuitable investment advice. The arbitration resulted in an award for her client of the full investment amount.

- Representing minor plaintiffs against an amusement park and a children's products manufacturer in two personal injury matters that involved permanent physical injuries. The matters were resolved by settlements.

- Participating in a trial team defending a business against claims of breach of contract for millions of dollars in damages. The matter was related to a joint project regarding internet portal and computer links, and was resolved by settlement before trial.

- Assisting in the representation of a municipality in litigation against a gas-plant construction company, asserting and defending against construction-law and breach-of-contract claims, including calculation of delay, warranties and fitness of work. The matter was resolved through settlement before trial.

- Assisting in the defense of a mining company in a labor lawsuit regarding time and hour requirements and compensation claims of employees.

- Representing a small business as plaintiff in asserting claims of fraud and embezzlement against a departing employee.

- Advising businesses regarding employee termination, misuse of company property, misappropriation of trade secrets, and disputes among business partners.

- Representing a commercial lessor in multiple lawsuits involving breach of lease. Obtained recoveries from lessees, through settlement or summary judgment.

- Defending commercial lessors in disputes regarding fitness or warranty of premises, claims regarding easements, roads and road repair.

- Counseling business and consumer lenders regarding fair debt collection issues, collections, claims under the Deceptive Trade Practices Act, and related litigation. April has obtained final judgments as well as settlements, sequestrations, and collection of debts for a variety of lenders, in matters such as Small Business Administration loans, secured loans for equipment, vehicles, and other purposes to businesses and individuals.

- Participating in team representation of landowners whose property had been taken by eminent domain, before special commissioners and in litigation to ensure that the clients received fair compensation.

APPELLATE

- Handling the appeal of a mining dispute after successful trial on the merits, including preparing the appellee brief and presenting the oral argument to state appellate court.

- Handling the appeal of a business supplier's collection matter, after successfully obtaining summary judgment, including preparing the appellee brief. The client prevailed and recovered 100% of the judgment sought and obtained in the collections process.

- Briefing for an appellant in an oil and gas matter following summary judgment. Briefing for an appellant in a probate matter following dismissal. Briefing for an appellee in a partition matter following trial on the merits.

- Preparing an ongoing series of emergency motions at appellate court and obtaining stays and suspension of temporary orders pending trial in the underlying matter, permitting it to be successfully resolved by settlement before trial.

- Substantive briefing of accelerated appeal related to sovereign immunity, after pursuing appellate motions, including emergency motions and stays permitting parties to obtain lower court’s findings related to notice of entry of appealable interlocutory order and appellate deadlines.

- Participating in a team briefing in appeal to the United States Court of Appeals for the Fifth Circuit in a diversity matter regarding breach of contract and trade secret law. Participating in team briefing in appeal to United States Court of Appeals for the Fifth Circuit regarding environmental agency actions.

- Work on a variety of mandamus proceedings in state and federal courts. Preparing and coordinating submission of amicus briefing for various clients in state appellate courts.

OIL & GAS/ENERGY LITIGATION

April participated in a team representing oil and gas operators in multiple matters. Some matters have involved oil and gas production royalty disputes and a variety of lessor complaints. Other matters involved contract requirements, rights of lessors and lessees, environmental issues and claims, and issues related to continuous development requirements and proration units.

CORPORATE & BUSINESS TRANSACTIONS

As a team member and team coordinator, April assisted with preparation for acquisitions or mergers of large business entities. She also has experience assisting in due diligence work and compliance with Department of Justice requirements.

Education