Commercial lending involves more than signing loan documents. Asset-based lending, real estate financing, acquisition financing, and working capital facilities each require different structures and documentation. Lenders need loan agreements that protect their security interests and comply with regulations. Borrowers need terms they can live with and pitfalls they can avoid. When loans go bad, workouts, forbearance agreements, and foreclosures require careful navigation of creditor rights and debtor protections.
Financial institutions face their own regulatory challenges. The Texas Department of Banking, Office of Consumer Credit Commissioner, Federal Reserve, FDIC, and OCC each have jurisdiction over different types of institutions and activities. Compliance with consumer lending laws including Truth in Lending, Fair Credit Reporting, and the Texas Finance Code requires ongoing attention. Banking attorneys help institutions structure transactions, maintain compliance, and respond to regulatory examinations and enforcement actions.
What Banking and Finance Attorneys Handle
Commercial Lending
Attorneys structure and document commercial loans including term loans, revolving credit facilities, asset-based lending, real estate and construction financing, and acquisition financing. They prepare loan agreements, security agreements, guaranties, intercreditor agreements, and other documentation. For borrowers, attorneys review loan terms, negotiate covenants, and ensure borrowers understand their obligations. For lenders, attorneys create documentation that properly secures and protects the loan.
Regulatory Compliance
Financial institutions must comply with a complex web of state and federal regulations. Banking attorneys advise on regulatory requirements, help develop compliance programs, prepare for examinations, and respond to regulatory findings. Consumer lending laws impose disclosure requirements, rate limitations, and collection restrictions that apply to many financial products. Attorneys help institutions understand and comply with these obligations.
Loan Workouts and Foreclosures
When borrowers default, lenders face decisions about forbearance, loan modifications, foreclosure, or other remedies. Attorneys negotiate workout agreements, prepare forbearance documentation, and pursue remedies when necessary. Texas has specific procedures for foreclosure on real property and personal property that must be followed precisely. Attorneys ensure lenders protect their rights and comply with required procedures.
Financial Institution Transactions
Banks and other financial institutions engage in mergers, acquisitions, and capital transactions that require regulatory approval and specialized documentation. Attorneys help with bank formations, charter conversions, branch applications, and holding company transactions. They structure deals to obtain regulatory approval while meeting business objectives.
How to Choose a Banking Attorney
Transaction or litigation focus. Banking attorneys generally focus on either transactional work (loan documentation, regulatory compliance, institution transactions) or litigation (enforcement, lender liability defense, regulatory proceedings). Determine which type of representation you need and find attorneys with relevant experience.
Lender or borrower experience. Attorneys who regularly represent lenders understand how lenders evaluate risk and structure documentation. Those who represent borrowers know where to negotiate and what terms matter. Experience on both sides can provide valuable perspective, but ensure the attorney has substantial experience on your side of transactions.
Regulatory relationships. For regulatory matters, attorneys who have worked at or regularly interact with relevant agencies understand how those agencies operate. Ask about experience with specific regulators relevant to your situation.
Industry knowledge. Banking regulations are complex and change frequently. Attorneys who focus on financial services law stay current on developments that general practitioners may miss. Industry involvement through banking associations and continuing education indicates ongoing commitment to the field.
Texas Banking and Finance Attorneys
Jackson Walker LLP
Location: Austin, Dallas, Fort Worth, Houston, and San Antonio, Texas
Website: https://www.jw.com
Phone: 512-236-2000 (Austin)
Jackson Walker’s Finance practice has decades of experience in commercial and real estate lending markets. The team represents banks, credit unions, insurance companies, hedge funds, and nonbank lenders in the full range of financing transactions. Attorneys also represent borrowers, providing perspective on what works in competitive markets. The practice includes commercial lending, real estate and construction finance, loan workouts and foreclosures, and regulatory matters. The firm includes former state banking regulators who bring insider perspective to financial institution representation.
Practice Focus:
- Commercial and real estate lending
- Asset-based and cash flow lending
- Loan workouts and foreclosures
- Bank regulatory compliance
- Financial institution transactions
McGinnis Lochridge
Location: Austin and Houston, Texas
Website: https://www.mcginnislaw.com
Phone: 512-495-6000 (Austin)
McGinnis Lochridge’s Financial Services Practice Group represents leading national financial service companies before Texas regulatory agencies including the Office of Consumer Credit Commissioner, Texas Department of Banking, and Texas Commissioner of Savings and Mortgage Lending. Attorneys have worked with regulators for decades to develop Texas laws governing commercial and consumer financial services. The practice includes commercial lending, securitization transactions, loan workouts and foreclosures, regulatory defense, and consumer lending compliance under state and federal laws.
Practice Focus:
- Financial institution regulatory counsel
- Commercial and consumer lending
- Lender liability defense
- Class action defense
- Regulatory compliance
Crain Caton & James
Location: Houston, Texas
Website: https://www.craincaton.com
Phone: 713-658-2323
Crain Caton & James represents providers of consumer and commercial financial services in lending, litigation, arbitration, collections, workouts, foreclosures, and regulatory compliance. Attorneys formulate, structure, and document commercial and real estate loans including asset-based lending and warehouse lines of credit. The litigation team defends bank fraud matters, lender liability claims, FDCPA claims, wrongful foreclosure claims, and consumer class actions. Attorneys regularly teach for state and national trade associations and provide training for financial institutions.
Practice Focus:
- Commercial lending documentation
- Banking litigation defense
- Consumer compliance
- Loan workouts and foreclosures
- UCC transactions
Costs and Fees
Banking and finance legal fees vary by transaction complexity and matter type. Simple commercial loan documentation may cost $2,500 to $10,000. Complex credit facilities with multiple lenders, intercreditor issues, or specialized collateral run $25,000 to $100,000 or more. Real estate financing transactions typically cost $5,000 to $25,000 depending on deal size and complexity. Loan workout negotiations bill hourly at $300 to $500 per hour, with total costs depending on negotiation length and documentation complexity. Foreclosure proceedings cost $3,000 to $15,000 for straightforward matters, more for contested actions. Regulatory representation bills hourly, with examination response and enforcement matters ranging from $10,000 to $100,000 or more depending on severity.
Frequently Asked Questions
What is the difference between a term loan and a revolving credit facility?
A term loan provides a fixed amount that the borrower draws at closing and repays over time according to a set schedule. A revolving credit facility allows the borrower to draw, repay, and redraw funds up to a maximum commitment during the facility term, similar to a credit card. Revolvers provide flexibility for working capital needs while term loans work better for specific purposes like equipment purchases or acquisitions.
What happens during a loan workout?
When borrowers cannot meet loan obligations, lenders may agree to modify terms rather than pursue immediate remedies. Workouts can include payment deferrals, interest rate reductions, covenant waivers, or maturity extensions. In exchange, lenders typically obtain additional collateral, guaranties, or other credit enhancements. Workout agreements document new terms and often include acknowledgments that help lenders if they must later pursue remedies.
What are usury laws and do they apply to commercial loans?
Texas usury laws limit interest rates that can be charged on loans. However, most commercial loans are exempt from usury limitations under various exceptions in the Texas Finance Code, including loans over certain dollar thresholds and loans to business entities. Consumer loans face stricter limitations. Attorneys help structure transactions to comply with applicable rate limitations or fit within available exemptions.
Last Updated: January 2026
Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Fee estimates are approximations only and actual costs may vary significantly. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.