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J. CARY BARTON photo

J. CARY BARTON

Practice Areas:

Commercial Real Estate
Business Organizations
Mediation

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Office: (210) 225-1655
Fax: (210) 225-8999
Email: cbarton@beclaw.com

Principal Practice Areas:

Real Estate Finance, Development, Acquisition and Disposition;
Partnerships and Corporations; and General Business Matters

Board Certified, Commercial Real Estate Law, Texas Board of Legal Specialization

Educational Background:

Harvard Law School, Cambridge, Massachusetts (LL.B. 1965)

Baylor University, Waco , Texas (B.A. 1962)

Significant Current Professional Memberships:

State Bar of Texas (Admitted 1965)

American Bar Association

San Antonio Bar Association

United States Tax Court

American College of Real Estate Lawyers

Texas College of Real Estate Attorneys

Real Estate Forms Committee of the State Bar of Texas

Council of the Real Estate, Probate and Trust Law Section, State Bar of Texas

Commission of the Texas Board of Legal Specialization for Real Estate Legal Assistants

Real Estate Council of San Antonio

San Antonio Real Estate Discussion Group

Significant Current Awards and Recognitions:

Recipient, Fourth Annual Award for Distinguished Lifetime Achievement by a Texas Real Estate Lawyer, Real Estate, Probate and Trust Law Section, State Bar of Texas (July, 2003)

Listed, Best Real Estate Lawyers in America: 2004-2006, Naifeh and Smith (Woodward/White, 2004)

Listed, 2004-2006 Texas Superlawyers Edition, Texas Monthly and Law & Politics, including Top 50 in Central Texas in 2006

Listed, San Antonio's Best Attorneys, Scene in SA Monthly (2004-2006)

Recent Publication:

September 2004

Author, Texas Practice Guide: Business Entities, Thomson-West, Colorado Springs (Volumes 1-4)

Professional Employment History:

1993-Present

Barton, East & Caldwell, L.P. (and predecessor firms)
San Antonio, Texas (Partner)

1991-1993

J. Cary Barton, P.C., San Antonio, Texas (Principal)

1988-1991

Smith, Barshop, Stoffer & Millsap, Inc., San Antonio, Texas (Director)

1982-1988

Johnson & Swanson, Austin, Texas (Partner & Of Counsel)

1975-1982

Brown, Maroney, Rose, Baker & Barber, Austin, Texas (Associate & Partner)

1969-1975

Kleberg, Mobley, Lockett & Weil, Corpus Christi, Texas (Associate & Partner)

1967-1969

United States Air Force, Andrews AFB, USA, and Osan AFB, Korea

1966-1967

United States Tax Court, Washington, D.C., Attorney-Advisor to Judge William N. Drennen

1965-1966

Federal Power Commission, Washington, D.C., Attorney-Advisor in Natural Gas Pipeline Rate Division

Personal Information:

Date of Birth:

September 1, 1940

Place of Birth:

Raymondville, Texas

Marital Status:

Married - Carolyn Cox Barton (December 20, 1975)

Children:

Three step-daughters (Holly and Laura Adams & Jennifer Adams Krumins)
Three sons (Hamilton, James and John Barton)
Five grandchildren (Keene, Karoline, Keldon, Molly Jane and Kaleb Barton)

 

Selected Articles and Speeches: 1991 - 2007

July 1991

State Bar of Texas 13th Annual Advanced Real Estate Law Course
"Buying Property from the World's Largest Seller, the RTCBEarnest Money Contracts, RTC Processes and Procedures"

January 1992

State Bar of Texas 3rd Annual Advanced Real Estate Drafting Course
"Limited Liability Companies: Document Drafting Considerations"

January 1992

Travis County Bar Association Real Estate Section
"Limited Liability Companies Under the New Texas Act

February 1992

Houston Bar Association Real Estate Law Section
"Overview of RTC Standard Contract of Purchase and Sale "

January 1993

State Bar of Texas 4th Annual Advanced Real Estate Drafting Course
"Drafting Tips for Limited Partnerships"

June 1993

South Texas College of Law 9th Annual Advanced Real Estate Law Course
"Form Purchase Contracts With the FDIC"

June & July 1993

State Bar of Texas 15th Annual Advanced Real Estate Law Course
"State Tax Matters"

August 1993

National Business Institute:
Keys to Success in a Real Estate Transaction in Texas
"Initiating the Deal--Fundamental Strategies"

September 1993

University of Texas School of Law 27th Annual Mortgage Lending Institute
"Choice of Entity"

February 1994

State Bar of Texas 5th Annual Advanced Real Estate Drafting Course
"Limited Liability Companies: Organizational and Operational Forms for Member Management"

February 1995

National Business Institute: Mastering Real Estate Titles and Title Insurance
"Ethical Considerations"

February 1995

Southern Methodist University Law School :
Real Estate Transactions In Depth
"Loan Closing Checklist"

September 1996

University of Texas Law School 30th Mortgage Lending Institute
"Intercreditor Agreements"

February 1997

State Bar of Texas 8th Annual Advanced Real Estate Drafting Course
Course Director

February 1997

National Business Institute: Texas Real Estate Titles and Title Insurance
"Transferring Title to Real Estate"

March 1997

St. Mary's Law School - Prof. Faye Bracey's Commercial Real Estate Class
"Real Estate Finance"

June & July 1997

State Bar of Texas 19th Annual Advanced Real Estate Law Course
"Like-Kind Exchanges"

September 1997

University of Texas Law School 31st Mortgage Lending Institute
" Sale of Partnership Interests "

December 1997

State Bar of Texas Advanced Real Estate Transactions Course
"Finance Panel"

June & July 1998

State Bar of Texas 20th Annual Advanced Real Estate Law Course
"Securitization In Real Estate"

Sept. & Oct. 1998

University of Texas Law School 32nd Mortgage Lending Institute
"Demonstration Negotiation of Limited Partnership Agreement Between Real Estate Developer and Institutional Investor"

December 1998

American Institute of Certified Public Accountants
2nd Annual National Real Estate Conference
"Use of Joint Ventures to Structure Real Estate Transactions"

February 1999

Southern Methodist University Law School :
Real Estate Transactions in Depth
"Choice of Entity for Real Estate Transactions"

February 1999

State Bar of Texas 10th Annual Advanced Real Estate Drafting Course
"Miscellaneous Nuggets from the New Forms Manual"

February 1999

Real Estate Financial Society of San Antonio
"Creating an Entity to Acquire Real Estate in Texas "

July 1999

State Bar of Texas 21st Annual Advanced Real Estate Law Course
"Workshop on Remedies and Enforcement of Earnest Money Contracts"

July 1999

Dallas Bar Association Real Property Section
"Organizational Considerations for Real Estate Entities"

September 1999

State Bar of Texas - Legal Assistants Division Conference
"Real Estate Development"

Sept. & Oct. 1999

University of Texas Law School 33rd Mortgage Lending Institute
Co-chairman of Planning Committee

December 1999

Texas Land Title Association
"Optimizing Coverage Under Your Policy"

February 2000

San Antonio Real Estate Discussion Group
"Observations on the New Texas Real Estate Forms Manual "

February 2000

State Bar of Texas 11th Annual Advanced Real Estate Drafting Course
"Commercial Purchase and Sale Agreements: A Comparative Analysis of Suggested Initial Drafts of Contracts for Sellers and Buyers "

March 2000

San Antonio Bar Association, Real Estate Section
"Observations on the New Texas Real Estate Forms Manual "

June 2000

State Bar of Texas 22nd Annual Advanced Real Estate Law Course
"Representations, Warranties, Covenants and Conditions"

Sept. & Oct. 2000

University of Texas Law School 34th Mortgage Lending Institute
Chairman of Planning Committee

November 2000

Real Estate Financial Society of San Antonio
"Representations, Warranties, Covenants and Conditions"

December 2000

Real Estate Section of Travis County Bar Association
"Representations, Warranties, Covenants and Conditions"

January 2001

CLE International: Negotiating Leases Conference
"Overview of Key Lease Provisions"

Jan. & Feb. 2001

Texas Wesleyan University School of Law:
Commercial Real Estate Broker's Conference
"Organizational Structure for Real Estate Development and Investment"

February 2001

State Bar of Texas 12th Annual Advanced Real Estate Drafting Course
"Entity Documents: Rights of First Refusal, Conflict Resolutions, Effect of 'Check the Box' Regulations "

March 2001

Real Estate Council of San Antonio
"Commercial Purchase and Sale Agreements: A Comparative Analysis of Suggested Initial Drafts of Contracts for Sellers and Buyers "

May 2001

CLE International Choice of Entity Conference
"Choice of Entity for Real Estate Ventures"

June & July 2001

State Bar of Texas 23rd Annual Advanced Real Estate Law Course
Course Director

September 2001

University of Texas Law School 35th Mortgage Lending Institute
"Top Ten Issues in Borrower/Lender Negotiations"

November 2001

San Antonio Real Estate Discussion Group
"Top Ten Issues in Borrower/Lender Negotiations"

March 2002

State Bar of Texas 13th Annual Advanced Real Estate Drafting Course
"Drafting Disasters Case Study #3: Partial Releases"

July 2002

State Bar of Texas 24th Annual Advanced Real Estate Law Course
"Utility Participation Agreements"

September 2002

University of Texas Law School 36th Mortgage Lending Institute
"Choice of Entity for Real Estate Transactions"

March 2003

Real Estate Council of San Antonio
"Top Ten Issues in Borrower/Lender Negotiations"

March 2003

Society of Exchange Counselors - San Antonio Meeting
"Basic Legal Principles of §1031 Exchanges" [with Arthur Ramseur, CCIM, SEC, and Rex B. Cruse, Esq.]

July 2003

State Bar of Texas 25th Annual Advanced Real Estate Law Course
"Unique Issues Related to Ground Leases"

September 2003

University of Texas Law School 37th Mortgage Lending Institute
"Choice of Entity: Recent Developments" and "Ten Steps to Happier Lawyering"

September 2003

San Antonio Chapter, Texas Society of Certified Public Accountants
"How to be a Hero to Your Client or Boss Using I.R.C. §1031 Exchanges in the New Commercial Marketplace" [with Arthur Ramseur, CCIM, SEC, and Rex B. Cruse, Esq.]

January 2004

CLE International: Negotiating Leases Conference
"Ground Lease Agreements"

January 2004

San Antonio Real Estate Discussion Group
"Ten Steps to Happier Lawyering"

January 2004

Travis County Bar Association - Real Estate Section
"Ten Steps to Happier Lawyering"

April 2004

University of Texas School of Law Leasing Conference
"Patriot Act Regulations"

May 2004

Real Estate Council of San Antonio
"Challenges and Opportunities in Meeting the High Standards of the Profession"

July 2004

State Bar of Texas 26th Annual Advanced Real Estate Law Course
"Challenges and Opportunities in Meeting the High Standards of the Profession" and "Feasibility Period Activities"

August 2004

CREW San Antonio
"Challenges and Opportunities in Meeting the High Standards of the Profession"

August 2004

Sterling Educational Services
"Purchase and Sale Agreements" and "Representations and Warranties"

September 2004

University of Texas Law School 38th Mortgage Lending Institute
"Carveouts, Deficiencies, and In Terrorum Clauses"

December 2004

State Bar of Texas 2004 Representing Small Business Conference
"Lease Negotiations"

March 2005

State Bar of Texas Advanced Real Estate Drafting Course
" Cary on Commitment: At Home, At Work and At Play" (scheduled)

May 2005

State Bar of Texas Agriculture Law Course
"Tax-free Like-kind Exchanges: Nuts, Bolts and Potholes"
(scheduled)

June 2005

Real Estate Council of San Antonio Due Diligence Seminar
"Feasibility Issues: Can I do the Deal?"

July 2005

State Bar of Texas 27th Annual Advanced Real Estate Law Course
"Impact of Recent Legislation on Business Entities" (scheduled)

August 2005

Real Estate Financial Society of San Antonio
"Tax-free Like-kind Exchanges of Real Estate: Nuts, Bolts & Potholes"

September 2005

University of Texas Law School 39th Mortgage Lending Institute Chair, Planning Committee

October 2005

Real Estate Section of the San Antonio Bar Association
"Commitment: At Home, At Work and At Play"

November 2005

University of Houston Law Foundation Advanced Real Estate Short Course
"Tax Law Update"

February 2006

San Antonio Association of Professional Landmen Midwinter Conference
"Ethic"

March 2006

State Bar of Texas 2006 Representing Small Business Course
"Advanced Lease Negotiations"

July 2006

State Bar of Texas 28th Annual Advanced Real Estate Law Course
"Negotiating Deed of Trust Liability and Carve-out Clauses"

September 2006

University of Texas Law School 40th Mortgage Lending Institute
"Understanding and Working With Guaranties: Tips for Borrowers and Lenders"

September 2006

Lorman Education Services
"Fundamentals of Real Estate Closings"

Fall 2006

State Bar of Texas - Newsletter of the Real Estate, Probate and Trust Law Section
"Observations Regarding Selected Commercial Real Estate Lending Issues"

December 2006

Lorman Education Services
"Advanced Partnerships, LLCs and LLPs: Organization and Operation In Texas"

January 2007

CLE International Negotiating Leases Conference
"Overview of Key Lease Provisions"

January 2007

Travis County Bar Association Real Estate Section
"A Lawyer's Thoughts On the Four Agreements"

March 2007

State Bar of Texas, 2007 Representing Small Business
"A Primer For Representing A Small Business In Buying and Selling Real Estate"

April 2007

Bernard O. Dow Leasing Institute
"Leasing and Mortgages: Avoiding Inadvertent Defaults and Other Nasty Surprises"

April 2007

San Antonio Association of Professional Landmen
"A Lawyer's Thoughts on the Four Agreements"

May 2007

San Antonio Society of Petroleum Engineers
"A Lawyer's Thoughts on the Four Agreements"

July 2007

State Bar of Texas, 29th Annual Advanced Real Estate Law Course
"Gross Margins Tax"

September 2007

Lorman Education Services
"Fundamentals of Real Estate Closings in Texas"
[scheduled]