First Admitted: 1995, Texas

Professional Webpage: https://woodlandstxlawfirm.com/attorneys/attorney-bio-james-...

Verdicts / Settlements:

33 Appellate Opinions (Beaumont, Houston 1st & 14th, Amarillo, Waco, and Texas Supreme Court cases)
Parks v. Landfill Market Consultants, Inc., 2004 WL 1351545 (Tex.App.—Houston [1st Dist.] June 17, 2004)
Paul v. Merrill Lynch Trust Co. of Texas, 183 S.W.3d 805 (Tex.App. — Waco, December 14, 2005)
Lee v. Hersey, 223 S.W.3d 439, (Tex.App. — Amarillo, March 24, 2006)
In re Estate of Hersey, 223 S.W.3d 457, (Tex.App. — Amarillo, April 25, 2006)
Balakrishna v. Narayan, 14-07-00914-CV (Houston [14th] Court of Appeals, filed 10/24/2007)
In re The Methodist Hospital; 09-08-00273-CV (Beaumont, filed 6/16/2008)
Bryer v. The Woodlands Land Development Co., L.P., 090910 TXCA, 09-09-00326-CV (Tex.App. — Beaumont, September 9, 2010)
McDuffee v. Miller, 102810 TXCA9, 09-10-00293-CV (Tex.App. — Beaumont, October 28, 2010)
Smalley v. Smalley, 022411 TXCA9, 09-11-00023-CV (Tex.App. — Beaumont, February 24, 2011)
Smalley v. Smalley, 042612 TXCA9, 09-11-00023-CV (Tex.App. — Beaumont, April 26, 2012)
Harris County Fresh Water Supply District No. 61 v. FWO Development, Ltd., 012913 TXCA14, 14-12-00496-CV (Tex.App. — Houston [14th Dist.] January 29, 2013)(Writ denied, Texas Supreme Court, 2014)
LaChina v. The Woodlands Operating Company, LP, et al, TX CA 14, 14-12-00066-CV (Tex.App.-Houston [14th Dist.] August 8, 2013)
Vidrine v. The Woodlands Land Development Company, LP; 09-12-00378-CV (Beaumont, filed 12/2/2013)
Kemp v. Neyman; 09-15-00178-CV (Beaumont, filed 5/12/2015)
Kohlhausen v. Baxendale; 01-15-00901-CV (Houston [1st] Court of Appeals, filed 10/23/15)
Benders Landing Estates HOA v. LGI Land LLC; 09-16-00183-CV (Beaumont, filed 5/25/16)
Lone Star Groundwater Conservation District, et al v. City of Conroe, Texas et al; 09-16-00201-CV;__S.W.3d__(Tex.App.-Beaumont, 2/2/17)
Ng v. Morgan; 09-17-00402-CV (Beaumont, filed 10/23/17)
In the Estate of Farmer, 09-18-00314-CV (Beaumont, filed 8/21/18)
Eaker v. Mangiameli, et al; 09-19-00036-CV (Beaumont, filed 2/11/19)
Wisch Leasing Group v. The Woodlands Land Development Company, LP; 09-19-00050-CV (Beaumont, filed 2/21/19); and 09-18-00461-CV (Beaumont, filed 12/11/18)

Representative Clients:

The Howard Hughes Corporation and predecessor developers of The Woodlands, Texas
Texas Children's Hospital

Pro bono / Community Service:

2013-2014: Vice Chairman, Leadership Montgomery County, Inc. 2015-2016: Chairman, Leadership Montgomery County
2023: District Leadership Team and Trustee, Central North District of the Texas Annual Conference of the United Methodist Church
2019-2023: Director, The Woodlands Arts Council, Inc. 2021-2023: President, The Woodlands Arts Council, Inc. 2020-2023: President and Director, The Woodlands Arts Volunteers, Inc.
2017-2019: Founder, The Woodlands Charities, Inc.
2012-2013: Chairman, The Woodlands Area Chamber of Commerce
2009-2018: Director, Leadership Montgomery County, Inc.
2009-2013: Leadership Mentor, Annual LMC Classes
2008-2013: Wills for Heroes program of WBA; Lead Drafting Attorney
2006-2016: Director, The Woodlands Area Chamber of Commerce
2008-2011: Trustee, Board of Trustees, Wildwood United Methodist Church
2007-2012: Vice President, The Woodlands Area Chamber of Commerce
2010-2011: Two Terms as Chairman, Board of Trustees, Wildwood United Methodist Church

Honors:

2008-present, AV Rated (Highest Ethical and Professional Rating)), Martindale-Hubbell
Articles Editor, The Review of Litigation
Constitutional Law Precept
Director, Vice President; then President Woodlands Arts Council, The Woodlands Arts Council, Inc.
Chairman, Leadership Montgomery County, Inc., LMCTX.org
Recipient of the 2011 Volunteer of the Year Award, Woodlands Area Chamber of Commerce
Martin & Stilwell LLP was named the 2012 Small Business of the Year for Lone Star Montgomery College, by the Lone Star College System Small Business Development Center
2012-2013 - Received for Estate & Trust Litigation, and Commercial Litigation, Texas Top Lawyers
Recipient of the 2005 Woodlands Area Chamber of Commerce Chairman's Award

Educational Background:

Baylor University, B.A. Double Degree - Economics and Political Science, Honors: Top Political Science Graduate, 1992; Baylor Honor Council Presidential Scholarship; 1988 National Youth of the Year; Lyndon Baines Johnson Intern to Congressman Bill Archer, 1988-1992
J.D. University of Texas, School of Law, 1992-1995

Scholarly Lectures / Writings:

"The Chicken or the Egg - Insurance and Indemnification Clauses in the Same Contract." Corporate Counsel publication (2007).
“Opening Statements for the 21st Century,” The Jury Trial 2007 CLE, Houston & Dallas (August 2007).
“Creditor Exempt Assets: When You Can’t Take it With You, and the Creditors Can’t Take it Either,” Wills & Probate Institute, South Texas College of Law CLE (2007).
“What Every Lawyer Should Know about Wills and Powers of Attorney” – Presentation to Woodlands Bar Association (July 2009, 2010 and 2011).
Opening Statements: This is not your Father’s Oldsmobile; Oral Advocacy CLE - Lone Star Corporate College (September 2010).
Pursuing Attorneys’ Fees (Presentation for “Lawyers Who Stare at Goats” CLE Sponsored by WBA and M.C. 9th District Court – 2010).
Rainmaking Panel (Presentation for Woodlands Bar Association, Small Firm Section 2012).
Business Planning for Uncertain Times: Dealing with the Killer D’s – Death, Disability, Divorce, Departure and Downturn. Presented to Woodlands Chamber of Commerce, seminar series (July 2013, August, 2009).
OMG not LOL: Employer Liability for Employee’s Who Text/Talk While Driving; Woodlands Area Chamber of Commerce, Annual Employment Law Update (October 2013, October 2010).
Business Owner Overview of the Texas Open Carry Law (Presentations to Woodlands Area Chamber of Commerce – 2016; and M.C.B.A. – Law Day 2016).
FOF & COL, not BFF LOL (Findings of Fact and Conclusions of Law presentation for M.C. CCL#2 Brown Bag CLE – 2016).
What Happens When I’m Gone? (Presentations at multiple venues in 2011-2018)
Coordinating Client Assets (presentation at Financial Advisors Compliance meeting, Montgomery County, 2019).
“Straddling the Wire: Electromagnetic Fields and Personal Injury Suits,” 14 Rev. Litig. 545 (1995).
“Walking the High Wire: Practical Possibilities for Regulatory Responses to the Electromagnetic Field Quandary,” 15 Rev. Litig. 141 (1996).
“Texas Premises Liability Jury Definitions, Instructions, and Questions for Criminal Actor Cases – A Pattern to Ease the Madness?,” 17 Rev. Litig. 259 (1998).
“When Actions Speak Louder Than Words: The Case for a Quasi-Estoppel Exception to the Statute of Frauds.” 22 Rev. Litig. 69 (2003).

James H. Stilwell