Cary & Lippincott - Erik Everett Cary Biography

Erik Everett Cary

Of Counsel

512-472-2300

Erik@CaryLippincott.com


Assistant: Rita Reyes

Asst. Phone: 512-439-2129



Profile

Mr. Cary is a founding partner at Cary & Lippincott, PLLC, who has gone Of Counsel due to his employment as a Judge for the City of Austin Municipal Courts.

Mr. Cary practices in the area of general civil litigation, at both the trial and appellate levels. Mr. Cary's practice includes representation in State and Federal Courts. His practice includes collections, bankruptcy (creditor), commercial litigation, and divorce / family law.

For many years, Mr. Cary has represented individuals in family law matters, consumer cases, probate disputes, and various other types of civil matters. Mr. Cary also has represented several Fortune 500 companies in collection and commercial litigation matters.

Mr. Cary has completed the 40 hour advanced mediation training course and has completed the specialized 30 hour mediation training in family law. He serves as mediator in various types of civil disputes, including commercial and family cases. See the Austin Mediator website at TravisCountyMediators.com

For several years, Mr. Cary had previously served on a part-time basis as a Municipal Court Judge for the City of Austin adjudicating traffic cases, setting bonds, issuing arrest and search warrants in felony and misdemeanor cases, and serving as a magistrate for Travis County, Texas.

Bar Admissions

State Bar of Texas, May, 1992
U.S. District Court Eastern District of Texas, 1992
U.S. District Court Northern District of Texas, 1993
U.S. District Court Southern District of Texas, 1994
U.S. District Court Western District of Texas, 1993
U.S. Court of Appeals 5th Circuit, 1994
U.S. Court of Appeals 8th Circuit, 2009
U.S. Supreme Court, 1996

Education

Law School

St. Marys University, San Antonio, 1991

Law Degree

Juris Doctor

Honors and Awards

Finalist, Novice Mock Trial, Fall 1990
Freshman Moot Court, Spring 1990
Walker Moot Court, Fall 1991

Undergraduate School

Texas Wesleyan University, Fort Worth, Texas, 1989

Undergraduate Degree

Bachelor of Science (Political Science)

Honors and Awards

Dean's List, 1987-1989
NAIA Academic All-Conference, Baseball
Mortar Board Honor Society
Pi Gamma Mu, Social Science Honor Society
Phi Beta Lambda, Business Honor Society
Pi Sigma Alpha, Political Science Honor Society

Professional History

Previous Employment

House & House, P.C, Law Clerk, 1990-91
Barron & Newburger, Law Clerk, 1991
Morris, Craven & Sulak, P.C., Law Clerk / Attorney, 1992 - 1993
Assistant Attorney General, Child Support Division, Office of the Attorney General, 1993-94
Assistant Attorney General, Habeas Corpus Division, Office of the Attorney General (1994-97)
Assistant Attorney General, Capital Litigation Division, Office of the Attorney General (1997-00)
Special Assistant District Attorney and Criminal District Attorney, Pro Tem, Office of the Attorney General (1995-2000)
Associate, Minter, Joseph & Thornhill, P.C. (2000-06)
Principal, Law Offices of Erik E. Cary, (2006-07)

Honors and Activities

Fellows, State Bar of Texas
Pro Bono Recognition, Volunteer Legal Services of Central Texas, 2005

Organizations

American Bar Association, 2006-present
Austin Bar Association, 2000-present
Independent Banker's Association of Texas, 2006-08
President, West Austin Neighborhood Group, 2004-06
Board, Hyde Park Baptist Child Development Center, 1996-1999, 2002 - 2005
Austin Police Dept., Volunteer, Civil Defense Battalion, 2002 - 2006

Publications and Presentations

    Ethics in Collections, Successful Judgment Collections in Texas, National Business Institute, February, 2004
    Presenter, Collecting the Judgment, Successful Judgment Collections, National Business Institute, February, 2004
    Ethics in Collections, Collecting Debts and Judgments, State Bar of Texas, May 2008

Special Training and Courses

    40 Hour Advanced Mediation Training
    30 Hour Family Mediation Training

Published Cases

LA Ash v. Texas A&M University, Slip Op. No. 10-07-00388-CV (Tex. App. - Waco 2008)
Luna v. Runyon and Auto, Bus & Truck, LP, Slip op No. 03-06-00615-CV (Tex.App. - Austin July 3, 2008)
Whacep, Inc. v. Congress Financial Corp., 2003 WL 21087997, (Tex. App. - Austin 2003)
Willingham v. Cockrell, 2002 WL 32303234 (N.D. Tex. 2002)
Hernandez v. Johnson, 248 F.3d 344 (5th Cir. 2001)
Thompson v. Upshur County, 245 F.3d 447 (5th Cir. 2001)
Barrientes v. Johnson, 221 F.3d 741 (5th Cir. 2000)
Mata v. Johnson, 210 F.3d 324 (5th Cir. 2000)
Beets v. Texas Bd. of Pardons & Paroles, 205 F.3d 192 (5th Cir. 2000)
Valdez v. Johnson, 93 F. Supp.2d 769 (S.D. Tex. 1999)
Beets v. Johnson, 180 F.3d 190 (5th Cir. 1999)
Lamb v. Johnson, 179 F.3d 352 (5th Cir. 1999)
Jones v. Johnson, 171 F.3d 270 (5th Cir. 1999)
Boyd v. Johnson, 167 F. 3d 907 (5th Cir. 1999)
Davis v. Johnson, 158 F.3d 806 (5th Cir. 1998)
Teaque v. Johnson, 151 F.3d 291 (5th Cir. 1998)
Davis v. Johnson, 8 F.Supp.2d 897 (S.D. Tex. 1998)
Hawkins v. State, 964 S.W.2d 767 (Tex. App. - Beaumont 1998)
Cannon v. Johnson, 134 F.3d 683 (5th Cir. 1998)
Andrews v. Johnson, 976 F. Supp. 527 (N.D. Tex. 1997)
Martinez v. Johnson, 104 F.3d 769, 36 Fed.R. Serv.3d 954 (5th Cir. 1997)
Clark v. Scott, 70 F.3d 386 (5th Cir. 1995)

Industries Served

Banking
Automobile Dealers
Internet Commerce
Real Estate
Construction Trades

Representative Clients

CitiBank Texas, N.A.
CitiCapital Commerical Corporation
Wells Fargo Bank, National Association
Conn's Appliances d/b/a Conn's Credit

Personal

Birth

1967, Eureka, California

Hobbies

Hunting
Fishing
Construction / Home Improvement
Welding