In Memoriam: Mark Kincaid ’83

It is with great sorrow that we report the passing of Mark Kincaid.  Mark was not only an alumnus (class of 1983) but also an adjunct faculty member here, and known to many members of the law school community personally and professionally. Among his many honors and achievements, Mark was recently elected to be President of the Texas Trial Lawyers Association.  He suffered a stroke on New Year’s Eve Day, and passed away on January 19.

His family has released this obituary:

Mark Lyndon Kincaid, of Austin, Texas, suffered a stroke on December 31st, 2015 and never regained consciousness. He died peacefully with his family by his side on January 19th, 2016. 

Mark would want those who knew him to know a few things in the hopes it might bring you comfort. First, he had a great life, and though it was too short, it was a full life, lived exactly the way he wanted it – in the company of his family as often as possible, with many dear friends around him at work and at play, and doing work he was passionate about and made a difference. Second, his biggest wish was to be a great father to his three sons. He was so very proud of each of them and loved them each individually and unconditionally. Those are the words he always used. Third, he would thank all of you, you know who you are, for being part of his journey in this life. 

Mark was born on August 14th, 1959 in Dallas, Texas. He spent his childhood in Dallas, Texas and his high school years in Athens, Texas. He came to Austin for college and law school and never left. He received his Bachelors of Business Administration in 1980 and then received his Juris Doctorate in 1983 from The University of Texas at Austin, both with honors. He stayed in Austin to build his career and raise his family.

Mark had two sons from his first marriage; Connor Lyndon Kincaid (27) and Matthew Samuel Kincaid (24). In 2004, he married his beloved, Joan Erlinger Kincaid. Together they had a son William Christopher Loyd Kincaid (9). Mark made it a point to tell them often that he loved them and they loved him back. He was continually planning the next fun thing they could all do together. They will miss his love, his humor and his playfulness, and carry him with them in their hearts and minds for as long as they live and beyond. 

Mark delighted in being surrounded by family and especially cherished the annual Thanksgiving and Christmas gatherings. Mark and Joan’s house was the hub for both of their extended families and hosting family events was a role Mark enjoyed immensely. He was very close with his siblings, Marla Kincaid, of Austin, Texas, Mike Kincaid, of Fountain, Florida and James Kincaid of Cedar Hill, Texas. He also was close to Joan’s siblings, their families, and her parents. His nieces and nephews were very special to him and he loved them all: Mackenzie Hibler, Caitlin Rosenberg, Blake Kincaid, Amanda Kincaid, Delaney Rosenberg, Thomas Erlinger, Elizabeth Erlinger Carls, Henry Erlinger, John Erlinger, David Erlinger and Joseph Erlinger. Mark is survived by this group, and many other aunts, uncles, inlaws and cousins. 

Mark loved being a trial lawyer and loved his colleagues like family. Seton’s ICU unit saw a steady parade of lawyers in and out of Mark’s room, each using their best arguments to urge him to recover. If you could have willed it to be so, it would have been so. Your presence was much appreciated by his family. 

Mark was board certified in Civil Trial Law, Consumer & Business Law and Civil Appellate Law. He was a partner at George, Brothers, Kincaid & Horton, LLP from 2012 until his death. Before that, he was a partner at Kincaid & Horton, LLP for 15 years. He was an Adjunct Professor at University of Texas School of Law teaching Insurance Litigation from 1995 to 2015. He was chair, fellow and member of many professional organizations over his career but most recently very excited and honored to be president-elect of the Texas Trial Lawyers Association in 2016 and serve in that role during the 2017 legislative session. 

Mark was a civil rights loving, life-long Democrat. From his earliest years he was intolerant of injustice and prevailed upon himself and others to fight for the rights of the powerless. Even as Austin and Texas changed and became nearly unrecognizable to yellow-dogs like Mark, he never lost hope. He would want his fellow believers to keep the faith. 

Mark was a great story-teller and music lover and voracious reader. He could spin a tale with the best of them; describing the setting, developing the characters, relaying the plot in a way that left you breathless at the climax, and delivering the dramatic or comedic conclusion with aplomb. His best stories were funny ones, and his funniest stories were ones he told on himself. As for music, he did not play an instrument, but he could carry a tune and joyfully sang to his children and whoever else happened to be in the house. He also owned great volumes of music in all of the formats ever invented and in most genres. He listened to music as often as possible and, just in case and to be very thorough, he left us a playlist for his wake so we would know his favorites. 

He was an avid cyclist for many years; proud to participate in the Hill Country Aids Ride every year since its inception. He cooked too – but most specifically towards his goal to create the perfect pot of chili and rack of ribs. 

Finally, to his dear neighbors and friends with whom he spent nearly every weekend tossing a ball with the kids, laughing, telling tales and having a few beers. You made him very happy. He was grateful; he loved you. He was about to make you a great pot of chili for New Year’s Eve. Mark will be greatly missed but is happy to be reconnected with those who preceded him in death; most importantly his mother, Vanita Kincaid, and his father, Max Kincaid. 

Services will be held at St. David’s Episcopal Church in Austin, Texas on Friday January 22, 2016 at 2:30pm. As an expression of sympathy, memorial contributions may be sent to The Trinity Center, 304 E 7th, Austin, Texas 78701.