I am a third-generation attorney, born and raised in Austin, Texas. You could say I grew up rooting for the underdog. Despite growing up surrounded by Longhorns, by the age of 10 I had become a diehard Texas Tech Red Raider fan.

My dreams came true, and I attended Texas Tech University and received a bachelor’s degree in Finance, but quickly realized my talents were better put to use in the courtroom by following my bloodlines and becoming an attorney. I came back to Austin and enrolled in the University of Texas School of Law. While at UT, I interned in the Juvenile Justice Clinic, helping indigent juvenile defendants navigate their way through the juvenile courts. I quickly realized this was my passion and that my personality and skill set were a perfect match for this profession.

A good criminal defense attorney is patient, empathetic, understanding, but firm. A good criminal defense attorney uses his or her own personal experiences to craft solutions to complex problems that can change in an instant. I possess this skillset and it gives me and my clients the advantage when we go into court. After overcoming my own personal struggles with addiction at a young age, and watching as close friends and family members dealt with substance abuse issues of their own, I, more than most others, realize that for some a crime is the result of one bad decision, and for many others, a crime is the ultimate result of addiction, mental illness, or both.

I am lucky to live and solely practice in a progressive county, and I am able to help give my clients desirable results by working closely with prosecutors and judges. I give the state confidence that when my clients address the root of the problem that led to the crime (i.e., substance abuse causing someone to burglarize a house to support a drug habit) via treatment or psychiatric care, the act won’t be repeated in the future.

When you hire me, it is the State of Texas v. Us. I take pride in being the underdog going up against all of the resources of the State of Texas. I take pride in adding you to my team, and view each client as a potential lifelong friend and teammate. My number one goal in beating your case is to humanize you to the state. At my firm, you are not a cause number but a human being. It can be easy for the state to send a cause number to prison, but it is much more difficult to send a hard-working single mother of three. When you hire me, we will address how you got to our office, what your goals for the future are, and immediately devise a plan that will give you confidence that your case will ultimately have an outcome that we are all satisfied with.

I pride myself on only taking cases in Travis County. I do this because in this county, it is never too late to change. I have saved countless clients facing years to life in prison and given them a second chance. These clients never dreamed that they would be able to avoid prison, but I can help you achieve that. It’s important to remember, however, that all probation is, is one foot in, and one foot out. If you are able to follow the treatment plan I give you, you will continue to remain free in our community.

By only taking cases in Travis County, I see the same prosecutors and judges every day and have built unique relationships over years which benefit you as my client. I have seen the same fact patterns over and over, and generally know from our first phone consultation how a case will play out. This helps you avoid the unexpected and unknown, which is often the scariest part of the criminal justice process for a defendant.

It is my hope that when you walk through my office door you immediately feel confident in me and my team, and when you walk out, you walk out with knowledge that you are in the best possible hands.

What Our Clients Have To Say

Saved me!!

I hired Mr Gergen to handle 2 felony cases for me. Not only did he get me out of jail but he also got me into treatment as an option and I am now in recovery. Thank you! If you are willing to work for it, this is your guy!!


Best lawyer in Austin

I had a issue on where I had hired a lawyer prior to Benjamin, I had set bail with another lawyer who was too lazy to go to another municipal judge to sign off on it I was on a monitor, I then fired him and Benjamin came in. I am back with my family from the ankle monitor. Still fighting this case but hiring Benjamin is worth it, he’s straight up and forward. You don’t expect that from many lawyers. He’s great if your in Austin and get caught up on some bogus charges! Thanks Benjamin I will forever use you if I get into any other problems in life!

Joshua Pantoja

Great lawyer

Ben has done a great job on my case so far and I highly recommended him to any body that has a drug case in Travis county. His rates arecently more reasonable than anyone else I talked to and is getting better results than any other lawyer told me they could do for me. I hold him up very high and have given his cards to a bunch of my friends.

Greg Gizmo

The best a man can get!

Contacted, consulted, hired, Benjamin Gergen. Released, represented and resolved a criminal case. A life changing experience. Recommended by and to anyone in the Austin area as an Attorney extraordinaire. Thank you.


Hands down one of the best lawyer here in the ATX

Could not be any happier with my outcome very pleased with Mr Gergen, he is always happy easy going friendly and will make sure and with some luck anything is possible I highly recommend if you got a DWI contact him or his staff they are also very nice and helpful there always ready too give you answers for your questions!


Amazing guy

Benjamin was amazing. We hired him last minute. He moved quickly and helped my son on a charge that could have turned for the worse. He was referred to us from a previous client and we just feel so grateful. He is very communicative and genuinely wants to help. I highly recommend him, wholeheartedly!


Super great job Benjamin is

Benjamin is a Angel and an great attorney I hired him not one but twice and both times he fought a good one for me me already being down to prison 3× and an ugly Criminal record he kept me free on grounds I will always hire and refer everyone one to him and he is very honest he will tell you straight up what to expect and what not to expect I built family with Ben I respect this man to the max.


Best Attorney hands down

Benjamin is an awesome Attorney and I am very satisfied with the hard work he is putting in towards my case and makes me feel very confident when I walk in the court room with him representing me. He is very straight forward and treats me like family and because I was on time with all payments he even went out of his way to bond me out when I couldn't pay bond up front and I will never forget that. No Lawyer would ever do that for their client. Thanks Ben your the best!


Tough Case

So, I had a tough case and I expected a 5 to 10 year outcome...
Mr. Gergen got me 2. He's a genius and I would use him again in a heartbeat!


Super intelligent and very down to earth!

He treated me like a real person and not just a piece of paper in a folder.
I respect the effort he put in to listen to and work with my ideas about my case and Ben Gergen got me the outcome that I wanted! You ROCK Ben!


Exceptional and compassionate

Mr Gergen is a great lawyer who practices law with a deep sense of morality and ethics. He does not treat his clients as clients only but treat them as human and have a lot of compassion and care about the overall well being of his clients. He practices professionally, Has great insight into legal system plus he is a very good human being. Was lucky to come across such a great gentle man. God bless


A Great Lawyer

I have had a great opportunity to meet and hire Benjamin Gergen. He was very nice and treated me with the most respect he didn't just treat me like another client. I have not one bad thing to say about this man and I recommend him to everyone that has legal problems. He won't let you down.. Thanks Benjamin.

Erica Alvarez

Outstanding Criminal Defense Attorney

This lawyer assisted me in my Travis county criminal case. He carries himself in a very professional manner, and is very personable when you speak with him. He explained my legal issue in a manner that I was able to clearly understand. In addition, he planned an excellent strategy for my defense at court before he met me for the first time. He has gone above and beyond what other lawyers typically do for a client with my history in the criminal court. He treated me with respect and spoke to me "man to man". To him, I am not just another cause number or paycheck down at the court house. It is my opinion that he also observed the highest level of legal ethics as my counsel, and is not an attorney who simply agrees with the quick decisions of prosecutors who carry large caseloads and don't take time to fully examine the facts of each individual case. I recommend this attorney to my loved ones, and would use his services again if I need to. He will go the extra mile for his clients.