Scott Kevin Boates
Family Attorney | Serving Wharton, TX
Family, Criminal Defense, Appeals & Elder Law
Biography
A lawsuit is, indeed, like a war. But wise people never go to war without an end goal clearly defined. That's how we focus our emotions, control the costs and win our future.
Trench warfare is horrific, but that's often the nature of lawsuits in family court.
I take the comparison between lawsuits and war seriously. My grand father Boates was a Canadian infantryman in World War I -- he was gasssed and blind for 30 days after trying to save a mate who was killed. His son, my father, was an American POW in World War II and nearly starved in a German camp.
I am as intrigued by the application of the Art of War, by Sun Tsu, to law, as I am the application of the Taoism of Lao Tsu to life.
Apparently, Sun Tsu and Lao Tsu were not related. But it would be cool if they were.
In this life, I solve problems in any Texas Court -- often, problems not solved by other lawyers.
In 2016-2018, I represented 7 Dads who won primary or equal custody (50:50) for their children. I love my Dads.
In the same period, I also represented 6 moms who withstood custody challenges from their babies' daddies. I love my Moms.
I also survived 2 child custody modifications of my own, for my own daughter. I love my daughter, more than anyone.
The parents I represent tend to win, despite the fact that 'winning' isn't one of my ideals, any longer. Child custody litigation is about a young human's life. It's tough enough to survive a vacuous culture, silly social programming, and the power struggles of life.
Warring households between the parents we choose (and love) make it tougher.
It's wiser to focus on the little human's future, not our personal ego.
So, these days, I tend to refer-out more cases than I accept, and I certainly charge a lot more than I once did.
But here are a few war stories: as the 3rd lawyer on a 3-year old civil case, we obtained dismissal of a lawsuit through a successful Rule 12 motion challenging the authority of the plaintiff's attorney to sue my client. We danced between County Civil Court and a cool, old, Probate Court (overlooking Dealey Plaza), Montgomery County to Dallas County, and back again.
But it worked.
In Family Court, a young veteran who'd paid child support for several years for another man's child (WTF?!) was released from that burden through a successful Bill of Review on paternity.
In another Family Court case, Clients raising an undocumented child since her birth successsfully navigated international notice provisions to attain conservatorship and protection for their child.
Cases involving prosecution or opposition of guardianship and estates comprise the bulk of my Probate Court docket. I will venture into State District Court on select trust litigation cases.
In a feel-good pro bono case, a client saved her home (also the home of her disabled adult child) through combined persistent actions in both Probate Court and Civil District Court. In another well-publicized pro bono case, a Client 'without a country' who struggled for a decade to navigate State and Federal courts finally attained documentation -- again, dancing between multiple courts to find her answer and secure her future.
But it was a smarter colleague who actually carried the Client across the finish line. Still, the laterals we make in life can be critical, and often must be pin-point accurate. I made the pass; got the assist; and was delighted to have played.
Boom! as they say.
I enjoy solving puzzles and problems. There are lessons for each of us in the paths we choose together. It's my job to give you good counsel while the war rages around us. Our goal is your future, as carefully crafted as is possible (it's always a choice, not fate; otherwise, there'd be no growth and no point to this journey).
As a client, you come to me for a reason, and I treat our relationship with the dignity inherent in the mystery of why we choose certain friends, associates and counsellors over others. There's meaning for each of us in every battle we choose.
Maybe it's a good review, a referral or (preferably) a past-life tie that brings us together. Does it really matter?
Our paths do matter, especially the intersections.
I'm the first lawyer, judge and would-be polico in my family. I truly love the diversity of my law practice, my clientelle and the lessons I'm learning along the way. I've made appearances in more than 30 Texas counties.
What a ride.
If there's a path for us to share, let's make that choice and get moving.
Practice Area
4
Practice Areas
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Work Experience
2022
Scott M. Brown & Associates, Sr. Family Law Attorney,
2005 - 2011
City of Houston, Judge,
1992 - 2022
Reiner & Boates; Scott K. Boates, Attorney; Boates & Ridgeway; Heafner & Boates, Attorney,
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Scott Kevin Boates
Family, Criminal Defense, Appeals & Elder Law