Thomas S. Hoekstra is Senior Counsel at The Hay Legal Group PLLC. Tom graduated from the University of Texas at Austin in 1970 with a B.A. degree in Plan II, an advanced liberal arts program. He then attended the University of Texas School of Law and graduated with a J.D. degree in 1973. He has practiced law in the Panhandle, San Antonio, Dallas and, for the last 12 years, back in Austin.
In the course of his legal career, Tom has tried more than 120 civil jury cases to a verdict, and numerous other bench trials and criminal cases. He has represented clients in business matters including real estate, commercial leasing, energy, environmental, corporate, toxic tort, transportation, construction, architecture, banking, telecommunications and aviation.
- Representing multiple real estate investors in forming management entities, condominium regimes and homeowners’ associations.
- Representing property owners in eminent domain proceedings.
- Representing developers in municipal permitting issues.
- Represented major manufacturing facilities in resolving EPA complaints regarding alleged improper discharges.
- Represented a major transportation company in two bankruptcy matters and related environmental matters.
- Represented an international telecommunications company in environmental matters.
- Represented an international aviation company in environmental matters.
- Represented national banking companies in major real estate transactions.
- Represented developers in corporate banking transactions.
- Represented an international financing company in contract matters.
- Prepared draft legislation for a state agency.
- Reviewed, prepared and negotiated complex real estate documents representing owners, contractors, architects and sub-contractors.
- Reviewed, negotiated and prepared merger and acquisition documents for Texas companies.
- Represented a major energy company in complex environmental and toxic tort litigation and settlements.
- Represented a major lender in complex real estate matters, including reviewing, drafting and negotiating conveyance and lending documents.
- Reviewed, drafted and negotiated multiple commercial leases for owners, tenants, and sub-tenants in food service, manufacturing, service, banking and constructions sectors.
- Represented a major family trust in resolving bankruptcy and environmental issues.
- Represented individuals and smaller companies in real estate and litigation matters.
- Texas Bar Foundation Fellow, 2011-2017; Life Fellow, 2017-present
- Austin Bar Foundation, 2012 – present
- Dallas Bar Foundation, 2006 – 2008
- Robert W. Calvert American Inn of Court, Master of the Bench 2012 – 2019
- Martindale Rating – AV Preeminent
- “Passing the Paddle: Shifting Discipline from Schools to the Courts,” with Karen Watkins, et al., presented to the Robert W. Calvert American Inn of Court, Austin, Texas, January 8, 2013.
- “No Room at the Inn Recent Developments in Immigration Law and Policy”, with Ryan Squires, et al., presented to the Robert W. Calvert American Inn of Court, Austin, Texas, December 9, 2014
- State Bar of Texas 1973 – present
- Business Law Section 2000 – present
- Bankruptcy Law Section 1984 – 2012
- Environmental and Natural Resources Section 1995 – 2012
- Litigation Section 1986 – 2016
- Oil, Gas and Energy Law Section 2007 – 2016
- Real Estate, Probate and Trust Section 2005 – present
- Austin Bar Association 2008 – present
- Supreme Court of the United States
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- State Bar of Texas
Colin Newberry, a Senior Associate with the Firm, is a native Austinite and graduate of Austin High School. Colin focuses on the Firm’s litigation practice, specifically in real estate, family, and business law.
Colin graduated from the University of Georgia with dual degrees in History and Speech Communications. After graduation, he returned to Texas, graduating cum laude from Southern Methodist University’s Dedman School of Law. While there he earned admission into the Order of the Barristers, given by the faculty to only the most outstanding advocates of each graduating class.
Additionally, his classmates selected him as one of two Kennedy Memorial Scholars, recognizing his “service in student organizations, pro bono service, faculty interaction and dedicated efforts to the betterment of the school and community.”
During his years practicing in Dallas, Colin truly litigated cases, taking many to trial numerous, settled many more without the need of a final trial, and presented oral argument to the Dallas Court of Appeals. Upon returning to Austin and joining the Firm, he has expanded his practice, representing contractors, closely held business disputes, complex divorce proceedings, and numerous landlord-tenant disputes.
- Represented Tenants in suits against Landlords for wrongful withholding of security deposits.
- Represented Investors in suit against the management company and broker of seller for wrongful non-disclosure of hazardous infestation.
- Represented buyer in failure to disclose property deficiency in Sellers Disclosure.
- Settled claims against appraiser for failure to properly inspect property resulting in property purchase with defective roof.
- Defended school district in suits regarding school bus accident claims.
- Successfully granted Summary Judgment against homeowner against realtor for alleged nondisclosure of terms in lenders note.
- Settled claims for sub-contractor against general contractor for breach of oral contract.
- Represented wife in divorce proceedings wherein husband attempted to conceal 12 million shares of vested stock options.
- Evictions of non-paying tenants for Landlord.
- Estate planning and compliance of out of state wills and guardianship papers.
- Represented property owner against property manager for misappropriation of funds and security deposits.
- Represented landowner in right to easement by estoppel.
Professional & Civic Activities
- Texas State Bar
- Texas Association of Young Lawyers
- Dallas or Austin Young Lawyer Association member since 2010
- Dallas Area Young Lawyers Leadership Class, 2012
- Austin Area Young Lawyers Leadership Class, 2013
- Austin Area Young Lawyer’s Pro Bono “Prom King,” 2012
- Raised over $30,000 benefitting Texas Rio Grande Legal Aid
- Featured in the Texas Bar Journal, October 2012
- “A Southern Gent”
- SMU Moot Court Coach
- 2011 Pepperdine Entertainment Law National Champions
- J.D., Southern Methodist Dedman School of Law, 2010, cum laude
- B.A., University of Georgia, 2005
John A. Hay III, Founder and Managing partner of the Austin based law firm of The Hay Legal Group PLLC, focuses his practice on commercial and residential real estate, real estate litigation, construction, development, mediation, finance and mortgage lending.
In addition to practicing law, John holds his Texas Escrow Officer’s License, and as a Fee Attorney for Independence Title Company handles many of the Firm’s commercial and residential real estate closings. As managing partner, he also oversees many of the day to day matters of the Firm and directly manages the title team.
John’s experience includes representing parties to commercial and residential transactions, general council work for real estate brokerages, representing real estate agents, drafting commercial and residential loan documents, as well as real estate entities such as joint ventures, single asset entities, construction and development companies, property entitlement issues, title insurance claims, foreclosure, landlord/tenant matters, financial institutions, property tax protests, divorce proceedings and administrative matters.
Prior to forming The Hay Legal Group PLLC (fka Hay Compere PLLC), he managed a residential mortgage company ranked in the Top 20 by the Austin Business Journal. He earned the NAMB Lending Integrity seal of approval and obtained the highest designation in the industry as a Certified Mortgage Consultant (CMC) – one of roughly ten in Texas with this designation.
Additionally, John held his real estate license and represented clients in both residential and commercial transactions.
Outside of the office he is very active in philanthropy – donating countless hours and resources to various organizations. These include St. Jude Children’s Research Hospital, Texas Appleseed, The Leukemia & Lymphoma Society, Young Texans Against Cancer, Caritas, Big Hearts for Brave Hearts, Citizen Generation, and an organization he co-founded, Burnt Orange Benefit.
Representative Clients and Transactions
- Represented $31MM multifamily development in Austin
- Represented buyer of $30M+ office building in Central Texas
- Represented real estate development in Houston to secure acquisition of neighboring property allowing for successful redevelopment of the property
- Represented California bank on sale of foreclosed assets in Texas
- Represented countless homeowners and real estate brokers in disputes
- Represented many Texas chartered banks in real estate matters
- Represented national mortgage banks in the areas of mortgage document, title and foreclosure matters
- Represented Texas real estate investment group with $200M+ under management on all matters of real estate including leasing, document review, contract negotiation, tenant disputes and collections on their Texas assets
- Represented Colorado multifamily real estate group in leasing and tenant matters for 700+ bed student housing and commercial property in Austin, Texas
- Represented numerous real estate brokerages as general council
- Represented mortgage loan officers in employment dispute with bank
- Represented single asset entity in Austin with title insurance, bad faith and breach of contract claim
- Represented clients in divorce and other family matters
- Represented landowners in easement matters
- Represented landowners in entitlement, zoning, land use and other matters
- Represented homeowners on construction defect matters
- Represented injured victim on construction defect matter
- Represented numerous companies as general council
- Represented renewable energy company in landowner disputes
- Represented restaurant group on merger
- Represented Austin cookie company on lease negotiations across Texas
- Negotiated mortgage modification and foreclosure workouts for commercial and residential borrowers
- Defended the largest title insurance company in the nation with Texas claims
- Defended landlords on wrongful foreclosure actions
- Defended construction companies in construction defect matters
- Defended commercial and residential property owners, developers, and managers in real property disputes
- Defended insurance companies in administrative actions
- Provided insurance coverage opinions
- Advised on statutory and regulatory compliance
- Served as an expert witness for title insurance escrow procedures
- Closed over 2,000 residential and commercial escrow transactions
- The University of Texas School of Law
- Appointed to the Alumni Association Executive Committee, 2013 – present
- State Bar of Texas
- Business Law Section, 2009 – present
- Real Estate, Probate and Trust Law Section, 2009 – present
- Construction Law Section, 2009 – present
- Family Law Section, 2009 – present
- Austin Bar Association
- Real Estate Law Section, 2009 – present
- Construction Law Section, 2009 – present
- Family Law Section, 2009 – present
- Texas Bar Foundation
- Elected as Fellow, 2015
- Austin Young Lawyers Association
- Member, 2009 – present
- Real Estate Council of Austin
- Appointed to Board of Directors, 2013
- Co-chair Association’s Largest Event and Fundraiser, KnockOut Night 2013
- Committee Member 2011, 2012
- Title Sponsor: Gardner-Betts Juvenile Center Art Auction, 2011, 2012
- Leaderships Development Council, 2012, one of twelve graduates
- 2013 Leadership Development Council Mentor Program
- Co-chaired with Leadership Development Council Class HAAM Concert
- Fundraiser, November 2012
- Christmas in October Volunteer, October 2012
- Austin Young Chamber of Commerce
- Charter Member, 2010 – present
- FAVE Award Winner, Best Professional Services Company, 2012
- FAVE Award Finalist, Real Estate, 2011
- Austin Mortgage Bankers Association
- Advisory Board Member, 2011 – present
- Affiliate Member, 2010 – present
- Additional Professional and Affiliate Memberships
- Appointed to City of Austin’s Building & Standards Commission
- Appointed to the Texas Land Title Association PAC Board of Trustees for Region 14
- Selected 2014, 2015 and 2016 Texas Rising Star Super Lawyer
- Urban Land Institute – Young Leader
- Home Builders Association of Greater Austin – Associate
- National Association of Realtors – Affiliate Member
- Texas Association of Realtors – Affiliate Member
- Austin Board of Realtors – Affiliate Member
- National Association of Mortgage Brokers – Affiliate Member
- Texas Association of Mortgage Professionals – Affiliate Member
- Mortgage Bankers Association – Affiliate Member
- Texas Mortgage Bankers Association – Affiliate Member
Prior Professional Experience
- Level Funding LLC; Austin, Texas; Residential & Commercial Mortgage Brokerage
- Co-Founder, Managing Partner; July 2007 – January 2010
- Funded over $60M in residential and commercial transactions
- Managed team of 10 loan officers and production staff
- World Capital Mortgage, L.P.; Austin, Texas; Residential Mortgage Brokerage
- Production Manager; Mortgage Broker; January 2003 – July 2007
- Managed branch production of $200M+ in closed transactions
- Increased funded volume by over 300%
- Resident Realty LLC; Residential and Commercial Real Estate Brokerage
- Real Estate Salesperson; July 30, 2007 – January 2010
- Specialized in Central Austin and investment properties
- Link 18, Inc; Online Golf Tee Time Solution
- Co-Founder /Chief Operating Officer, January 2000 – April 2001
- Raised over $680,000 in private seed funding
- Responsible for negotiating partnerships with key development partners
- Internships and Other Related Experience
- Beckley Singleton, Las Vegas, Nevada; Summer Legal Associate
- Office of Speaker Tom Craddick 78th Legislature, Austin, Texas; Policy Analyst
- Third Court of Appeals, Austin, Texas; Clerk
- Spivey & Ainsworth, P.C., Austin, Texas; Clerk
Publications & Presentations
- Austin Man Magazine – Contributing Legal Column
- April 2011: Why a Will?
- July 2011: Basics of Limited Liability Companies
- January 2012: How to Fight Your Property Taxes
- April 2012: Basics of Premarital Agreements
- Emerging Topics in Texas Water Law: Is someone drinking my milkshake?
- Present to Central Texas real estate firms including Stanberry & Assoc., Keller Williams, Resident Realty, Turnquist Partners
- Lone Stars & Angels Gala benefitting St. Jude Children’s Research Hospital
- Gala Chairman, 2013, 2014 and 2015
- Entertainment Sponsor, 2012
- Gala Advisory Board Social Chair, 2011, 2012
- Gala Advisory Board, 2010
- The Leukemia & Lymphoma Society
- 2010 Man of the Year Finalist
- 2011 Man & Woman of the Year Committee
- Burnt Orange Benefit, Inc., a Texas Non-Profit Corporation
- Chief Executive Officer; Co-Founder
- Organization benefits St. Jude Children’s Research Hospital and the Leukemia & Lymphoma Society
- 2012-2015: Directly responsible for “tailgate” to raise funds and awareness for both organizations with 1,300+ attendees
- Eagle Scout, 1995
- Life Member National Eagle Scout Association
- Au40 Winner 2014
- AU40 Nominee; 2011, 2012, 2013
- Camp Stewart for Boys; Attained Rank of Chief
- Attained Rank of Chief, highest possible achievement
- Travis Lipscomb Award Winner for Outstanding Leadership
- Invited Walk-on, The University of Texas Baseball Team 1998-1999
- Kappa Alpha Order, Omicron Chapter, 1998 – 2001
- J.D., The University of Texas School of Law, May 2008
- Elected First Year Section Student Body Representative
- Texas Mediation Certification
- 2006 Student Bar Association Golf Tournament Chair
- Texas Association of Law and Business Officer
- B.A. Government, The University of Texas at Austin, May 2004
- Business Foundations Certificate, McCombs School of Business
- Life Member, Texas Exes Association