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News & Press D Magazine: Two Dallas Lawyers, One Mission Lawyers Sean Pevsner and Mark Whitburn met as kids and formed a lifelong bond fighting for people with disabilities. Their work proves that the best ability is availability. Learn More Sean E. Pevsner Sean Pevsner has been proving people wrong for 41 years. He was born clinically dead, and the anesthesiologist administered CPR for 45 minutes before Pevsner breathed on his own. Experts predicted that, due to his severe cerebral palsy, he would not live beyond his thirties. Learn More Top Rated Arlington, TX Civil Rights Attorney | Sean Pevsner | Super Lawyers Sean E. Pevsner attended law school and graduated from The University of Texas School of Law in 2004. Sean Pevsner began practicing law in 2011. Sean Pevsner is an attorney at Whitburn & Pevsner, PLLC, helping people with Civil Rights issues. Whitburn & Pevsner, PLLC has an office in Arlington, Texas, serving the local community. Learn More Wiseman Award The Civil Liberties & Civil Rights Section honors one Texas lawyer each year for outstanding contributions to the civil rights and liberties of Texans. Learn More 2013 Whitehurst Public Interest Summer Fellowship Honorees The Whitehurst Public Interest Summer Fellowships are supported by a generous multi-year gift from Stephanie Whitehurst and Bill Whitehurst, '70. Each summer, the Whitehursts name the fellowships for lawyers and others they admire in hopes that the recipients will be inspired by the honorees' work in the public interest. Learn More State Bar of Texas Home History & Activity Online Resources Videos Mentoring Law Students Created in 1992 To study the concerns of Texas lawyers with disabilities, as well as clients and members of the public, and make recommendations to the State Bar Board of Directors concerning ways in which the role of people with disabilities in Texas can be enhanced by improvement in programs and initiatives sponsored by the State Bar. Learn More Top Story - TYLA Texas Young Lawyers Association: Be An Uncommon Leader. Sean Pevsner was born a breech baby on January 20, 1971. He was clinically dead for about 45 minutes before an anesthesiologist resuscitated him. One obstacle overcome, Mr. Pevsner set out to tackle more, despite the severe cerebral palsy and speech impediment that drastically limited both his mobility and his communication abilities from that point forward. Learn More

About Us Whitburn & Pevsner, PLLC has a nationwide practice of disability rights law such as Title II & III of the Americans with Disabilities Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and Fair Housing Act cases. Our focus includes education, ADA, Guardianship / Probate, Wills, Trusts, and Civil Rights. The attorneys establishing this firm sought to combine both professional and personal experience to ensure the most effective representation for our clients. Our lawyers include a successful litigator who has handled a great diversity of cases, first as an attorney with Gibson, Dunn & Crutcher, LLP, one of the world’s leading business law firms, and then fighting for civil liberties as an attorney for the American Civil Liberties Union of Texas. The other founder of Whitburn & Pevsner, PLLC, before ever becoming an experienced attorney himself, spent many years advocating for his own rights and for those of others, as an individual with a physical disability. At Whitburn & Pevsner, PLLC, we offer our experience and passion as lawyers to serve our clients with consummate professionalism at a reasonable rate. If you feel that you have a matter that needs to be resolved in the legal arena, whether civil or if you require legal services in any of our areas of practice, please feel free to contact us at (817) 653-4547 or Whitburn & Pevsner, PLLC, 2000 E. Lamar Boulevard, Suite 600, Arlington, Texas 76006. Mark Whitburn | Attorney Sean Pevsner | Attorney Probate | Guardianship | Civil Rights | Disability Rights

Successful Cases Harrison v. Young Whitburn & Pevsner, PLLC, prevailed in a US Court of Appeals for the Fifth Circuit decision on behalf of an individual with developmental disabilities. The Fifth Circuit reversed a lower court decision and required the district court to determine if 24-hour nursing care is a reasonable accommodation under Title II of the Americans with Disabilities Act as interpreted in the Supreme Court’s Olmstead decision. Mark Whitburn performed excellently at the oral argument. Learn More Garrett G. v. Houston Independent School District The Houston Independent School District failed to provide Garrett who has autism the appropriate services to obtain a free and appropriate public education. HISD failed to develop an individualized educational plan for Garrett. Furthermore, HISD failed to collect data properly to track Garrett's academic and behavioral progress. Learn More Barbara Harrison v. Courtney Phillips Whitburn & Pevsner, PLLC convinced a US District Court in the Northern District of Texas that the State of Texas violated Title II of the Americans with Disabilities Act ("ADA") as interpreted in the US Supreme Court's Olmstead decision. Learn More AB v. Clear Creek Independent School District Whitburn & Pevsner, PLLC convinced the US Court of Appeals for the Fifth Circuit to rule that CCISD violated the Individuals with Disabilities Education Act by failing to provide educational services to an autistic student in the least restrictive environment. Learn More Walls v. Capella Park Homeowners' Association This case involved a group home for people with severe physical and intellectual disabilities. The HOA attempted to shut down this group home by imposing an unlawful restrictive covenant. Whitburn & Pevsner, PLLC persuaded a Texas state court of appeals that this restrictive covenant violated both the federal and Texas Fair Housing Acts. Learn More Gilbert Baker Hughes I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the personnel manual or employment agreement entered into by the above-named parties, and having been duly sworn, and having duly heard the proofs and allegations of the Parties, and having previously rendered an Interim Award dated June 29, 2016, do hereby, AWARD, as follows: For the reasons outlined in the Interim Award, I find in favor of Claimant Keith Gilbert. Learn More

At Whitburn & Pevsner Our Attorneys place top priorities on our clients' interests by providing high quality representation ranging from navigating complex litigation in both state and federal courts. DEDICATED TO JUSTICE TOP ATTORNEYS FREE CONSULTATION Practice Areas probate law From validating wills, determining heirship applications, handling conservatorships and overseeing trust administration. Read More Practice Areas guardianship law From establishing guardianship, managing conservatorship, to resolving disputes and protecting vulnerable individuals. Read More Practice Areas disibility rights From securing ADA compliance, workplace accommodations, to fighting disability discrimination and Social Security claims. Read More Practice Areas civil rights law From protecting against discrimination, enforcing workplace rights, addressing housing fairness, to strengthening social justice. Read More Dedicated to Justice At Whitburn & Pevsner, PLLC, we offer our experience and passion as lawyers to serve our clients with consummate professionalism at a reasonable rate. Learn More

Mark Whitburn Mark Whitburn graduated from Yale University with a BA in Philosophy in 1986. He then obtained his PhD in Philosophy from the University of Texas at Austin in 1998. While at UT, Mr. Whitburn won six teaching awards for his classes, including Philosophy of Law, Political Philosophy, and Philosophy of Art. He went on to earn his Doctor of Jurisprudence at the University of Chicago in 2003. At the University of Chicago, Mr. Whitburn was on Law Review and a member of the Order of the Coif. After graduating from law school, Mr. Whitburn worked for Gibson, Dunn & Crutcher, LLP. During his tenure at Gibson Dunn, he worked on complex litigation such as class action and ERISA cases in both federal and state courts around the country. Mr. Whitburn also distinguished himself as an appellate litigator in the commercial litigation context. He also took pro bono cases involving civil rights. For example, in a case in which the State of Texas refused to provide life-sustaining services to an individual with multiple disabilities at his home, Mr. Whitburn won his summary judgment motion in federal court and a permanent injunction ordering the State to provide these necessary services after all. Mr. Whitburn received the firm’s prestigious Frank Wheat Memorial Award for his victory in this case. Additionally, Mr. Whitburn drafted an amicus brief for the ACLU of Texas on behalf of a severely disabled individual sentenced to 100 years in prison, contending that the sentence violated the Eighth Amendment. The sentence was drastically reduced. Mr. Whitburn left Gibson, Dunn & Crutcher in December of 2010 and went on to work with the American Civil Liberties Union (ACLU) Foundation of Texas, where he was a Senior Staff Attorney and managed the organization’s Racial Justice docket. During his tenure at the ACLU, Mr. Whitburn initiated a lawsuit on behalf of immigrant women who were victims of sexual assault while in the federal government’s custody. This case garnered considerable national media attention, and members of Congress cited it in the course of admonishing the federal government to improve its efforts in this area. Mr. Whitburn also took a lead role in a case against a Texas county for failing to conduct indigency hearings before imprisoning teenagers for unpaid fines associated with truancy, a Class C misdemeanor. Mr. Whitburn was responsible for investigating complaints concerning prison and jail conditions, police misconduct, and school-to-prison pipeline issues across the state of Texas. At Whitburn & Pevsner, PLLC, Mr. Whitburn works in all practice areas with a focus on commercial litigation, ERISA, and civil rights matters.

Sean Pevsner Sean Pevsner established this law firm with his best friend, Mark Whitburn. They have been best friends since 1986. Mr. Whitburn assisted Mr. Pevsner throughout these years. This firm is one among many goals which they have accomplished together. Mr. Pevsner is a University of Texas Law graduate with severe cerebral palsy who operates a motorized wheelchair by the use of head movements. Due to his quadriplegia, he cannot write but must rely on an interpreter or a specialized computer to do his work. People underestimated him from the moment that he was born to the present. He was born clinically dead. The anesthesiologist had to administer CPR for 45 minutes until he could breathe on his own. The anesthesiologist probably was thinking this guy is not going to survive as he was administering the CPR, but Mr. Pevsner proved him wrong after those 45 minutes. Mr. Pevsner has been proving people wrong for 41 years. People who were the so-called experts said that his life span would be very short. They said he would probably live until he was in his thirties. These people said that he could not go to a regular school, much less take mainstream classes such as Latin, English literature and calculus. Again, he proved them wrong. His grades were A’s and B’s in these mainstream classes. At the end of his high school in 1990, the Arlington Independent School District officials projected that he would graduate ahead of their initial plan for his graduation. Originally, they believed that he would graduate at the age of 22. He graduated at the age of 19 in the top 20% of his high school class. Despite all of these achievements, people did not believe that he could attend a major university like the University of Texas at Austin. At this point, his self-advocacy skills automatically went into overdrive whenever someone even mentioned the word “can’t” in the same sentence as his name. He went on to major in Greek and Latin at UT, while making significant contributions to the university’s community. The UT Classics Department bestowed on him the WJ Battle Award for excellence in Greek and Latin translation. He graduated in 1998, receiving several awards for his advocacy and contributions to the university. Yet, despite these accomplishments, people did not believe that he could go to law school and become a practicing attorney. Once again, Mr. Pevsner proved these people wrong by graduating from UT Law School and gaining admittance to Texas State Bar. Mr. Pevsner worked with Disability Rights Texas, which is a non-profit organization that protects the civil and human rights of Texans with disabilities through a fellowship sponsored by Equal Justice Works. He assisted people with disabilities in obtaining equal access to education, employment and community services. Mr. Pevsner complemented Advocacy’s services, not only by providing legal assistance to these individuals, but also by teaching them self-advocacy skills. As part of his Equal Justice Works fellowship project, Mr. Pevsner created the Flexible Interactive Process Manual to assist both the employer and employee to have a constructive working relationship. This manual was a part of his Equal Justice Works Project to educate people with disabilities on their rights in the workplace and how they can self-advocate to protect their rights in the community. Mr. Pevsner’s project has broken new ground in that it focused each of its stages on educating students in those skills. His project also focused on ensuring the proper implementation of the Individuals with Disabilities Education Act (IDEA) and assisting students with disabilities in taking advantage of the full benefits of this federal law during their secondary education. This project also focused on higher education for people with disabilities. Mr. Pevsner has shown people with disabilities how to employ the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 to ensure their own access to an equal opportunity for higher education. After leaving Disability Rights Texas, Mr. Pevsner continued to assist others with disabilities. He has assisted clients with cerebral palsy obtain IDEA services by representing them at school, meetings and negotiating with opposing counsel their behalf. At Whitburn & Pevsner, PLLC, Mr. Pevsner has developed a vibrant special education practice and has worked on other aspects of education law, as well as guardianship and other probate proceedings. Top Rated Arlington, TX Civil Rights Attorney | Sean Pevsner | Super Lawyers Sean E. Pevsner attended law school and graduated from The University of Texas School of Law in 2004. Sean Pevsner began practicing law in 2011. Sean Pevsner is an attorney at Whitburn & Pevsner, PLLC, helping people with Civil Rights issues. Whitburn & Pevsner, PLLC has an office in Arlington, Texas, serving the local community.

Practice Areas Probate | Guardianship | Civil Rights | Disability Rights At Whitburn & Pevsner, PLLC, we practice in a wide variety of areas, reflecting our diverse talents. From the Individuals with Disabilities Education Act (“IDEA”) to the Americans with Disabilities Act (“ADA”), our attorneys provide high quality legal representation with consummate professionalism. Our firm very much values the civil and human rights of individuals with a variety of disabilities to live in the community with their families and friends instead of state institutions. Individuals with disabilities have a right to equal access to education, employment and community-based services. DISIBILITY & DISCRIMINATION The Americans with Disabilities Act, Titles II & III Medicaid Community-based Services Under Title II of the ADA, the State of Texas through the Health and Human Service Commission (“HHSC”) must place Medicaid recipients with developmental disabilities in the most integrated setting in the community. HHSC provides personal assistant services and habilitation services such as funding for personal care attendants, community group homes and minor home modifications. People with developmental disabilities need these community-based services to live in society with their families and friends instead of institutions. If HHSC fails to provide such community-based services to people with developmental disabilities, Whitburn & Pevsner, PLLC may file a lawsuit on their behalf against HHSC to comply with the ADA. Title II of the ADA covers governmental entities such as the states and local municipalities. The Federal Government is not covered under the ADA. Section 504 of the Rehabilitation Act of 1973 covers the Federal Government. Section 504 has the same legal requirements as the ADA. ADA Accessibility at Private Entities Title III of the ADA requires private entities, both large and small companies, to make their facilities and services accessible to people with disabilities. Title III covers all private entities regardless of the number of employees that the companies might have on staff. These entities include private schools, universities and entertainment companies. If you believe a private entity has discriminated against you by failing to make its facilities and/or services accessible, then we can assess your particular case for merit. If we find that it has merit, we can offer the following services: Conducting accessibility surveys to determine if a given entity is compliant with the ADA Accessibility Guidelines (ADAAG). Sending a demand letter requesting that a particular entity comply with the ADAAG. Represent eligible examinees who require testing accommodations against an entity that administers standardized exams and fails to provide such accommodations. Filing a formal complaint with the Department of Justice. Filing a lawsuit against the noncompliant entity. Representing clients in mediations, negotiations and courts. EDUCATION LAW The Individuals with Disabilities Education Act Under the IDEA, independent public-school districts must provide a Free Appropriate Public Education (FAPE) to students with disabilities. In providing FAPE, school districts have a legal obligation to provide support services such as paraprofessionals, assistive technology, and physical and occupational therapies to assist students with disabilities in obtaining an appropriate education. Districts also must provide reasonable academic accommodations and make their facilities wheelchair accessible. Our services include: Representing students and their parents in Due Process Hearings, mediations and, if necessary, in federal court. Assisting clients in finding qualified experts to perform evaluations to determine the appropriate support services & academic accommodations which districts must provide. Filing civil rights complaints with the US Department of Justice & the US Department of Education. Attending ARD meetings and assisting in crafting individualized educational plans. Mentoring students with disabilities by educating them on how to best assert their rights and participate in creating their educational plans. Postgraduate Education Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 prohibit public higher education institutions from discriminating against qualified students with disabilities by providing reasonable accommodations to and making their facilities accessible for people with disabilities. Whitburn & Pevsner, PLLC may file lawsuits against public universities, community colleges and public trade schools on behalf of qualified students with disabilities against these public entities if we determine that they are not providing the appropriate reasonable accommodations to our clients. FAIR HOUSING The federal Fair Housing Act and Texas Fair Housing Act prohibit disability discrimination in the renting and selling of housing. Under these laws, both public and private entities in the housing industry must make reasonable modifications to their policies, practices and services to ensure equal access to people with disabilities. These laws also prohibit homeowners’ associations and governmental entities from unlawfully imposing restrictive covenants that prevent group homes from operating within their homes. Landlords must allow renters with disabilities to make reasonable accessibility modifications to the housing premises. These modifications must be at the renters’ expense. If you believe that an entity covered by these laws has discriminated against you, we can assess your case. If we deem that your case has merit, we can offer the following services: Sending a demand letter to an entity requesting they comply with the law. Filing a formal complaint with the US Department of Housing and Urban Development. Representing clients in courts at the administrative, state and federal levels. SECTION 1983 CASES & OTHER CIVIL RIGHTS CASES We bring civil rights cases against governmental agencies and officials, which are usually Section 1983 cases. These cases may involve unconstitutional treatment of undocumented immigrants, abuses in prisons, unconstitutional discrimination, infringement of free speech, freedom of religion and the press. PROBATE LAW Wills Whitburn & Pevsner, PLLC can draft wills to ensure that your money and property goes to your desired beneficiaries. With a properly drafted will, you can ensure that your estate and cherished possessions are distributed to your loved ones and friends. If you have minor children or mentally incapacitated family members, you can designate a guardian for them in your will in the event they survive you. Determination of Heirship Applications If a person passed away without creating and signing a legal will or if the will is not probated within 4 years of the date of the death of the person, an interested person can file an application to determine the heirs of the deceased person with a probate court. A probate court would determine the people who would take the property of the deceased person and appoint an independent administrator of the deceased’s estate. Guardianships A guardianship may be necessary when a person becomes mentally or physically incapacitated. There are two types of legal guardianships. A legal Guardianship of the estate is where someone has control of an incapacitated person’s money/property and manages the estate. A legal guardianship of the person is when a guardian is legally responsible for the care of the incapacitated person. A legal guardianship of the person allows the guardian to make decisions for the incapacitated person. We can assist in establishing or removing a guardianship. Our approach to guardianships is to find ways to give the proposed ward as much freedom as possible to manage his or her life while at the same time ensuring that his or her best interests are served. We strictly adhere to the Texas Estates Code 1101.001 which requires qualified applicants to prove that they have explored: Whether alternatives to guardianship and available supports and services to avoid guardianship were considered and Whether any alternatives to guardianship and supports and services available to the proposed ward considered are feasible and would avoid the need for a guardianship. We strictly adhere to Texas Estates Code 1101.1 requiring that: (a) Before appointing a guardian for a proposed ward, the court must: (1) find by clear and convincing evidence that: (A) the proposed ward is an incapacitated person and (B) it is in the proposed ward's best interest to have the court appoint a person as the proposed ward's guardian. Whitburn & Pevsner, PLLC is fully committed to the protection of the self-determination of individuals with disabilities. We view the imposition of a legal guardianship as a last resort. DISIBILITY+DISCRIMINIATION EDUCATION LAW HOUSING LAW PROBATE LAW GUARDIANSHIPS

Payment Bill Payment Whitburn & Pevsner is excited to announce that we have introduced a Bill Payment option which saves time for busy people. Your monthly statement will indicate your payment to us, including our name and the amount of your bill. Whitburn & Pevsner, PLLC. accepts Visa, Master Card, American Express, and Discover. Online payments to Whitburn & Pevsner, PLLC can be made here: Click Here to Pay