Houston, TX Fiduciary Lawyers Kean Miller LLP Home
Tracia Lee
Special Counsel"Ms. Lee is a very solid lawyer. She has all of the tools; she understands the law; she is articulate and balanced in the positions she takes."
Tracia has over 20 years of civil litigation and civil appellate experience. She has handled a wide variety of litigation and appellate matters, from employment and insurance coverage to probate and personal injury. Tracia works with businesses and individuals at every step of the appellate process in matters throughout Texas and in the federal courts. She works with trial attorneys on litigation strategy and handles pretrial motions to prepare cases for trial and appeal.
Representative Experience
- Successfully represented an injured individual against a bank in a case that involved what constitutes a "contractor" for purposes of Chapter 95 of the Texas Civil Practices and Remedies Code, the statute that protects property owners from liability for injuries to a contractor; the Texas Supreme Court held that a roofer injured while showing the bank's roof to an insurance adjuster, before the bank had hired him to repair the roof, was not doing work under Chapter 95 and as such, the roofer was not barred from seeking damages from the bank.
- Successfully represented an individual injured when she was visiting the hospital in a case that examined the Texas Medical Liability Act's role in a premises liability claim; the client was visiting a friend and as she was leaving the maternity ward, the electronic doors closed on her, injuring her; the appellate court concluded that a claim made by someone injured while visiting a patient at a hospital does not have a "substantive relationship with the providing of medical or health care," and as such, her claim does not fall under the Texas Medical Liability Act.
- Successfully represented unclaimed property claimants against the State of Texas Comptroller in a case where the appellate court addressed what constitutes a "claim" and whether the claimants/plaintiffs had filed a "claim" under Texas Property Code section 74.506 to trigger a waiver of sovereign immunity and confer jurisdiction on the trial court.
- Successfully represented the guardian of the estate of a partially incapacitated person to protect her estate from continued financial exploitation by attorneys who claimed to have been hired by the ward when she lacked the capacity to handle legal matters.
- Successfully represented a decedent's personal representatives in a suit against the decedent for breach of fiduciary duty.
- Successfully represented a court-appointed receiver authorized to manage the daily operations of a business.
EDUCATION
- The University of Texas at Austin School of Law, J.D., 1999
- Associate Editor, The Review of Litigation Law Journal
- Member, Asian Law Students Association
- The University of Texas at Austin, B.A., 1995
- Member, Kappa Delta Sorority
- Member, Phi Alpha Delta Fraternity
Admissions
- Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. Court of Appeals, Fifth Circuit
MEMBERSHIPS
- Member, Austin Bar Association
- Member, Texas State Bar (Civil Litigation and Appellate Sections)
- Member, Texas Bar College
- Member, Fifth Federal Circuit Bar Association
RECOGNITION
- AV Preeminent Rated, Martindale-Hubbell
- "Top Attorney,", Austin Monthly
Community Service
- Board Member, Communications Director, Ribbons Coordinator, BCC Sharks nonprofit Swim Team
- Daily Volunteer, Spicewood Elementary School
- Volunteer, AquaTex Swim Club
