Biography
Jim Ewbank is a (mostly retired) civil trial lawyer and outside counselor who has tried a wide variety of civil cases, both Plaintiff and Defense, including over 125 jury trials. Jim has been Board Certified by the Texas Board of Legal Specialization for both Civil Trial and Personal Injury Trial Law since 1987. He was elected as an Advocate by the American Board of Trial Advocates (ABOTA) in 2000. In addition to his talents in the courtroom, Jim is a decorated expert in the legal community as a respected author, speaker, and professor. In 1982, Jim was bestowed the Outstanding Law Review award by the Texas Bar Foundation, having co-authored with Hon. Bob Shannon, and in the years of 2003, 2004, 2009-2020, Jim has been named a Business Litigation Super Lawyer by Thomson Reuters in Texas Monthly.
Jim is consistently looked to as an expert in the areas of civil trial techniques and substantive areas of civil litigation and employment law and is frequently asked to speak at State and local seminars for a variety of related topics. In addition to sharing his valued knowledge with the legal community, Jim is a popular speaker and preeminent expert on risk management for fraternities and sororities nationwide. He has handled most of the major high profile cases involving fraternities since 1990.
Jim places great value on strong legal education as well as using his experience to pay it forward. He served as an Adjunct Professor of Law at the University of Texas School of Law, teaching Trial Tactics from 1986 – 1998 as well as coaching their National Mock Trial teams to multiple championships. For the last fourteen (14) years, Jim has served on the faculty of multiple NITA courses on “Building Trial Skills” and TADC Trial Academies. He was an original member of the Robert Calvert Inn of Court in 1987.
Jim has served as outside General Counsel for a large number of small to medium size businesses and Public Housing Authorities for the last 25 years, providing advice and guidance on a wide range of legal matters.
Memberships and Affiliations
- Elected Advocate to the American Board of Trial Advocates since 2000
- Barrister, Robert Calvert Inn of Court
- Member of the Civil Litigation and Employment Law Sections of the State and Austin Bar Associations; member of Housing Development Law Institute
- State Bar of Texas
- Austin Bar Association
- Fellow of the Litigation Counsel of America
Education
- Baylor Law School – J.D., 1980
- Southwestern University – B.A., Social Science, 1977
Admissions
- State Bar of Texas (1980)
- United States District Court: Eastern, Southern, & Western Districts of Texas (1995 – present)
- United States Courts of Appeals, Fifth Circuit (2000 – present)
- 15 States as Pro Hac Vice
Recognitions and Distinctions
- Lifetime Achievement Recognition from the Edgewater Forum
- Named a Super Lawyer (2003 – 2020, excluding 2019) by Thomson Reuters
Appeals
Smith v. Delta Tau Delta, 9 N.E.3d 154, (Ind. 2014). Successful Amicus Brief for North-American Interfraternity Conference (NIC).
STOP/TABCC, et al v. City of New Braunfels, “not reported in S.W.3d, 2013 WL 692446 (Tex.App.-Austin, February 21, 2013) [denial of Plea to Jurisdiction affirmed]
City of New Braunfels v. WWGAF, et al, 2012 WL 423919 (Tex.App.-Eastland 2012, petition denied) [Commercial litigation – MSJ for Plaintiff/Client affirmed]
Towers of Town Lake Condominium Association, Inc. v. Rouhani
296 S.W.3d 290 (Tex.App.- Austin 2009) [Slip & Fall – review denied March 12, 2010 – $1.8 million jury verdict in favor of Plaintiff/Client affirmed]
THPD v. Continental Imports
260 S.W.3d 593 (Tex.App.–Austin 2008) [Commercial fraud case – mixed jury verdict reversed in favor of Defendant/Client]
Murff v. Pass
249 S.W.3d 407 (Tex. 2008) [Medical negligence–brain damaged baby –jury verdict for Defendant/Client affirmed]
Brown v. Wills
2004 WL 3383447 (Tex.App.–Austin, 2004) [Medical negligence – fatal overdose of pain medications – jury verdict for Defendant/Client affirmed]
McIntyre v. Ramirez
109 S.W.3d 741 (Tex. 2003) [Good Samaritan – OB Rescue – Motion for summary judgment for Defendant/Client affirmed]
Moritz v. Preiss
121 S.W.3d 715 (Tex. 2003) [Failure to diagnose kidney disease – Medical Negligence – jury verdict for Defendant/Client affirmed]
Waddill v. Phi Gamma Delta
114 S.W.3d 146 (Tex.App.–Austin 07/24/2003) [Organizational liability for Fraternity – Motion for summary judgment for Defendant/Client affirmed]
Forrest v. Danielson
77 S.W.3d 842 (Tex.App–Tyler, 2002) [Medical negligence – Expert report – Motion for summary judgment for Defendant/Client affirmed]
City of Stephenville v. Texas Parks and Wildlife Dept.
940 S.W.2d 667 (Tex.App.–Austin, 1996) [Administrative law – Ex parte contact – bench trial decision for Plaintiff affirmed]
Barstow v. Travis County
1998 WL 670225 (Tex.App.–Austin 1998, no writ) [Ingress & egress easement at Lake Travis – jury verdict for Travis County/Client affirmed]
St. John v. Pope
901 S.W.2d 420 (Tex. 1995) [Physician-patient relationship – Motion for summary judgment for Defendant/Client affirmed]
Closs v. Goose Creek ISD
874 S.W.2d 859 (Tex.App.–Texarkana, 1994) [Employment / due process / termination – verdict for Defendant/Client affirmed]
Presentations/ Publications
TRIAL TACTICS
- University of Texas School of Law Product Liability and Personal Injury Seminar, “Panel Discussion – Hot Tips for Litigators”
- University of Texas School of Law Product Liability and Personal Injury Seminar, “Limitation of Damages in Catastrophic Injury Cases”
- University of Texas School of Law Product Liability and Personal Injury Seminar, “Inadvertent Disclosure of Privileged Documents”
- University of Texas Law School Trial Tactics Seminar – “Brevity in Presentation of Evidence”
- Austin Bar Association Bench Bar Conference – “Jury Selection”; “ Spoliation in Texas”; Evidence in Texas”
- Austin Bar Association Civil Litigation Section – “Ultimate Trial Notebook”
- Austin Young Lawyers Association/Travis County Bar Association Litigation Seminar, “Effective Use of Experts”
- Austin Young Lawyers Association/Travis County Bar Association Voir Dire Seminar – “Voir Dire – Defendant’s Perspective”
- Austin Young Lawyers Association/Travis County Bar Association Litigation Seminar – “Duties and Dilemmas of Insurance Defense Counsel”
- Housing and Development Law Institute (HDLI) Conference 2008, “Effective Jury Selection in PHA Cases”
- National Academy of Neuropsychology 26th Annual Conference, 2006 – “The Neuropsych as Expert – Retention Through Deposition”
- Capitol Area Paralegal Association Litigation Seminar: “The Role of the Advocate in Mediation”
- County and District Attorneys Seminar on Trial Tactics – “Conduct of a Trial – Voir Dire Through Appeal”
- Council of School Attorneys Seminar, “Effective Motions for Summary Judgment”
- Litigation Counsel of America – “Use of AI in the Practice of Law,” “Voir Dire and Challenges for Cause”
- Risk Management Seminar, Texas Hospital Insurance Exchange – “Texas Tort Claims Act”
- Speaker, Texas Association of School Boards Risk Management Conference, (1996 – 1999)
OTHER
- TADC Law Office Managing Partners Forum – “The Joy of Dealing with Management Issues”
- HDLI General Counsel Forum
LEGAL PUBLICATIONS
- “The Texas APTRA Since 1976 – Selected Problems”, 33 BAYLOR L. REV. 393 (1981). Co-authored with Honorable Bob E. Shannon, voted Outstanding Law Review Award by Texas Bar Foundation in 1982.
TEACHING POSITIONS
- Faculty, National Institute of Trial Advocacy (NITA) (2010 – 2020), “Building Trial Skills”
- Adjunct Professor, University of Texas School of Law
“Trial Tactics,” (1986 – 1998), four hour intensive trial advocacy course for third year law students - Faculty, University of Texas Law School Trial Advocacy, “Winning at Trial – Nine Day Intensive Trial Advocacy Course,” (1986 – 1995)
- Texas Association of Defense Counsel Trial Academy Faculty