FOR THE ATTORNEYS

When Your Client Faces a Texas Alcohol Law Issue, You Need Specialized Counsel

Texas alcohol law isn’t something you can learn in a weekend. The three-tier system, tied-house rules, TABC enforcement patterns, and legislative nuances require deep regulatory expertise—the kind that comes from working inside the agency.

I spent five years as General Counsel at the Texas Alcoholic Beverage Commission. I drafted the rules and policies. I implemented the legislation. I defended the agency in high-stakes litigation. I led the attorneys and investigators who conduct the enforcement actions.

Now that institutional knowledge is available to your clients at Clark Smith Legal.

Former Regulator Turned Advocate

Inside Knowledge You Can’t Get Anywhere Else

From 2017 to 2022, I served as General Counsel at TABC, overseeing all legal matters for the agency. This wasn’t a brief government rotation—it was five years of immersive regulatory work that gave me insights no outside practitioner can match:

  • Enforcement Patterns: I know how investigations are initiated, escalated, and resolved
  • Settlement Authority: I understand the decision-making hierarchy and what leverage exists at each level
  • Policy Interpretation: I drafted the guidance that TABC staff still use today
  • Litigation Strategy: I coordinated with the Office of Attorney General on every major case
  • Agency Culture: I understand agency leadership’s pragmatism, and how to navigate accordingly

This matters because: When your client receives a TABC investigation notice or faces a license suspension, you’re not hiring someone who will learn the agency’s patterns on their dime. You’re hiring someone who already knows how this ends—and how to change the outcome.

Chambers-Recognized Expertise

Independent Validation of Technical Ability

Chambers 2026 Texas Spotlight has recognized me as its only solo practitioner in Texas for alcohol beverage law. This ranking is based on:

  • Peer review from other attorneys
  • Client feedback on service and results
  • Technical legal ability and commercial awareness
  • Depth of expertise in the practice area

This matters because: You can confidently tell your client they’re getting elite-level representation. The Chambers methodology independently validates what you already suspected: this is specialized work that requires specialized counsel.

Collaborative Practice Model

I Support Your Client Relationship and Don’t Compete With It

I built this practice to serve as co-counsel and specialist referral partner for attorneys across Texas and beyond. My business model depends on your trust and repeat referrals, which means:

Clear Role Definition

  • You remain primary counsel and maintain client relationship
  • I handle Texas alcohol regulatory matters only
  • We establish scope and communication protocol upfront
  • Your client knows you brought in the right specialist

Transparent Communication

  • Regular updates on matter progress
  • You’re cc’d on all client communications
  • Clear invoicing tied to agreed scope
  • No surprises, no scope creep without discussion

Conflict-Free Practice

  • I don’t compete for your corporate, M&A, or general commercial work
  • My practice is focused: Texas alcohol regulatory, compliance, and enforcement
  • I’m not building a full-service firm that will poach clients
  • Your relationship stays yours

This matters because: You’ve spent years building client relationships. I respect that. My goal is to make you look good by solving your client’s Texas alcohol law problem efficiently and effectively.

COMMON REFERRAL SCENARIOS

When to Bring Me In

For Corporate and M&A Attorneys:

Scenario: Your client is acquiring a Texas brewery, distillery, winery, or retail chain. The deal is worth millions, but the target has TABC licenses you’ve never encountered.

How I Help:

  • Regulatory due diligence on all TABC permits and compliance history
  • Identify license transferability issues before they kill the deal
  • Review tied-house compliance in distribution agreements
  • Structure transaction to preserve license eligibility
  • Handle TABC approval process post-closing
  • Coordinate with TTB on federal requirements

Recent Example (Anonymized): Private equity firm acquiring multi-location restaurant group. I identified tied-house violations in existing supplier relationships that would have triggered TABC enforcement post-acquisition. Restructured arrangements pre-close, avoided $500K+ in potential penalties.

For General Business Litigators:

Scenario: Your client is in a dispute — a failed acquisition, a terminated distribution agreement, a landlord-tenant fight over a licensed premises, or a commercial contract gone sideways — where Texas alcohol law is a threshold issue. You need an expert who can tell the judge and jury what the law actually requires, and whether it changes the outcome.

How I Help:

  • Serve as testifying expert on Texas alcohol regulatory standards, agency enforcement practices, and industry custom and usage
  • Provide consulting expert analysis your litigation team can use to develop theory, identify issues, and anticipate opposing arguments
  • Analyze how tied-house rules, license conditions, or statutory restrictions affect contract enforceability, property rights, or damages
  • Assess the regulatory significance of TABC compliance history, agency communications, or enforcement records produced in discovery Prepare expert reports and declarations meeting applicable evidentiary standards

Recent Example (Anonymized): A REIT pursued nuisance and negligence claims against an adjacent nightclub while simultaneously challenging its TABC permits through the agency’s investigative process. I served as consulting expert on both fronts — the civil claims and the administrative strategy — and was prepared to testify had the matter proceeded. The nightclub closed and surrendered its permits before reaching a hearing.

For Venture Capital and Finance Attorneys:

Scenario: Your client is raising capital for an alcohol business. Investors want assurance on regulatory compliance and license integrity.

How I Help:

  • Review cap table for tied-house compliance
  • Structure ownership to maintain license eligibility
  • Draft investor disclosures on regulatory risk
  • Provide clean compliance opinion for investor due diligence
  • Handle any TABC inquiries about ownership changes
  • Advise on multi-state expansion regulatory strategy

Recent Example (Anonymized): A Texas-based sports eatertainment concept raising a Series A had a minor investor who also held an ownership interest in a TABC-licensed brewery — a tied-house conflict that blocked the client’s retail permit eligibility. I resolved the conflict to close the round by working with the investor to placing his brewery interest into a family trust. The round closed clean.

For Real Estate and Development Attorneys:

Scenario: Your client is developing a mixed-use project with restaurants, bars, or retail alcohol sales. Zoning is clear, but TABC permitting requirements are not.

How I Help:

  • Assess license availability for proposed uses
  • Navigate local option election restrictions
  • Coordinate with TABC on site-specific requirements
  • Handle all permit applications for tenants
  • Advise on lease provisions affecting license transferability
  • Resolve conflicts between local ordinances and state law

Recent Example (Anonymized): Luxury retail chain faced a tied-house hurdle blocking its planned in-store wine bar. I structured a licensing arrangement with an independent on-premise outlet and obtained premises approval from TABC.

ENGAGEMENT MODELS

How We Work Together

Co-Counsel Arrangements

Best For: Complex matters where you maintain primary client relationship but need specialized regulatory counsel.

How It Works:

  • You send engagement letter covering full scope
  • I send separate engagement letter for Texas alcohol regulatory work
  • We establish communication protocol (weekly calls, shared files, etc.)
  • I invoice through your firm or directly to client (your choice)
  • You maintain strategic control; I handle regulatory execution

Pricing:

  • Fixed fee for defined scope engagements
  • Hourly for litigation, enforement, or transactional matters
  • Hybrid models available

Direct Referrals

Best For: Matters that are purely Texas alcohol regulatory where you prefer not to stay involved.

How It Works:

  • You introduce me to client with your endorsement
  • I send direct engagement letter
  • I keep you updated on major developments
  • Referral fee arrangements available (subject to Texas ethics rules – we can discuss)
  • No client retainer required for attorney-referred matters

When This Makes Sense:

  • Client needs ongoing alcohol regulatory counsel you don’t want to manage
  • Matter is outside your core practice area
  • Geographic convenience (client needs help in Texas, you’re out of state)

Conflict-Free Consultations

Best For: You want to keep the client but need technical expertise on a narrow issue.

How It Works:

  • You retain me as consultant to your firm
  • I provide technical analysis, sample documents, strategy memos
  • You use insights to advise your client
  • Short-term, project-based engagement
  • Flat fee or hourly depending on complexity

Example Projects:

  • Review and comment on draft distribution agreement: $1,500-$3,000
  • Provide guidance on TABC policy interpretation: $2,200-$4,000
  • Analyze compliance exposure in specific fact pattern: $3,500-$7,000

WHAT MAKES MY PRACTICE DIFFERENT

The Insider Advantage

I Know How TABC Thinks

As General Counsel, I:

  • Worked in close concert with TABC commissioners, executive staff, and attorneys
  • Drafted administrative rules that still govern enforcement priorities
  • Established settlement frameworks that determine negotiation parameters
  • Coordinated with the Office of Attorney General on every TABC litigation strategy
  • Worked with Legislature and Office of the Governor on statutory amendments and policy changes

What This Means for Your Client:

When a client brings a TABC matter to me, I’m not guessing about how the agency will respond. I know:

  • Which considerations TABC staff will apply to licensing applications or amendments
  • What documentation will satisfy compliance concerns
  • Whether to bring a matter to the agency’s attention
  • How to frame arguments that align with agency priorities
  • When to negotiate vs. when to fight

My institutional memory will directly benefit your client.

Proven Track Record

Matters I’ve Handled (Anonymized):

TABC Enforcement Defense:

  • Defended manufacturer in DTC audit investigation
  • Represented multi-unit retailer facing administrative penalty for minor compliance infractions—reduced penalty by 80%
  • Handled emergency license qualifier replacement for statewide chain, prevented operational shutdown

Licensing and Expansion:

  • Managed 15-state distribution expansion for Texas-based distillery, including all state permitting
  • Obtained special event permits for major festival operator across 50+ events annually
  • Secured variance approval for unique retail concept TABC initially deemed non-compliant

Distribution and Contracts:

  • Negotiated exit from disadvantageous distribution agreement for growing brewery, preserved brand control for eventual sale
  • Drafted nationwide distribution framework for spirits brand entering 30+ states
  • Restructured supplier relationship to eliminate tied-house exposure pre-M&A

Legislative and Regulatory:

  • Successfully lobbied for statutory change benefiting winery direct-to-consumer shipping
  • Represented trade association in rulemaking process, secured favorable outcome on advertising restrictions
  • Drafted and submitted policy advisory request that clarified TABC interpretation on emerging issue

Litigation:

  • Defended TABC in constitutional challenge to advertising restrictions (while General Counsel)
  • Represented manufacturer in appeal of license denial, prevailed on administrative law grounds
  • Coordinated with OAG on regulatory interpretation in multi-party commercial dispute

Statewide Relationships

Access That Matters

My five years at TABC weren’t just about legal work—they were about building relationships across the agency and with key stakeholders:

  • Current TABC Leadership: I maintain professional relationships with commissioners and senior staff
  • Office of the Governor: I have built lasting relationships with key staff at multiple levels of Governor Abbott’s administration
  • Office of Attorney General: I worked closely with OAG attorneys who still defend TABC in litigation
  • Industry Associations: Active member of groups representing all three tiers
  • Texas Lottery Commission: Just kidding.

MY PRACTICE PHILOSOPHY

My Commitment to Referring Attorneys

I Succeed When You Succeed

My practice is built on repeat referrals and long-term relationships with attorneys across Texas. That means:

Your Reputation is My Priority

  • I won’t take on matters I can’t handle at the highest level
  • If I believe your client’s situation isn’t workable, I’ll tell you before we engage
  • I’ll deliver work product that makes you proud to have referred the client

Clear Communication, Always

  • Scope memos before engagement so you know what client is getting
  • Immediate notification of any unexpected developments
  • Post-matter debrief so you know how it resolved
  • I’m the only person handling your client’s matters

Budget Certainty

  • Fixed fees whenever possible so client knows total cost upfront
  • Hourly matters include estimates and budget checkpoints
  • No surprise billing or scope expansion without discussion
  • Alternative fee arrangements available for ongoing relationships

What I Don’t Do

To Maintain Focus and Avoid Conflicts:

  • I don’t handle general business litigation unrelated to alcohol regulation
  • I don’t compete for your corporate transactional work
  • I don’t practice family law, personal injury, criminal defense, or other areas outside alcohol regulation

This keeps my practice conflict-free and ensures every referral gets my full attention.

LET’S DISCUSS YOUR CLIENT’S MATTER

Initial Consultation Process

For Referring Attorneys:

  1. Initial Call
    • Brief overview of client situation
    • My initial assessment of complexity and approach
    • Discussion of engagement model (co-counsel vs. referral)
    • Estimated scope and fee range
  2. Conflict Check and Scope Memo
    • I run conflicts and confirm availability
    • I send detailed scope memo outlining work plan
    • We agree on engagement structure and pricing
  3. Engagement
    • You introduce me to client
    • We execute engagement letters
    • No retainers required for most referred clients
    • Work begins immediately

Timeline: I typically respond to initial inquiries within 8 business hours. Most matters can be scoped and engaged within 3 days.