About Talmage at Law

• In 2023, received the Luke Soules Award from the State Bar of Texas Litigation, which is given annually to a Texas litigator for lifetime achievement as a practitioner and outstanding service to the profession.
• In 2022, received the Dan Rugeley Price Memorial Award from the Texas Bar Foundation which is given annually to the Texas lawyer who “exemplifies the qualities of an accomplished legal writer and researcher, a talented and dedicated practicing lawyer, a servant of the profession as a volunteer and an advocate on its behalf.” View full press release here.
• In 2019, received the Terry Lee Grantham Memorial Award from the Texas Bar Foundation which is given annually to the Texas lawyer who is “an accomplished, talented, and dedicated Texas lawyer who is a servant of the profession and a dedicated advocate”.
• A large national bank recently had a customer who was having a serious problem with the enforceability of its contracts. The bank officer sent that customer to Talmage.  He supervised the legal research necessary to verify that the customer’s legal position was solid, and, in fact, it was very solid.  He then sent a demand letter to the offender who at first claimed that its legal position had merit. He then filed a lawsuit on behalf of my client, with lots of paper discovery attached which showed the offender that they meant business--but continued to dialog with the offender’s attorney---and succeeded in persuading that lawyer that his client was in the right, under Texas law, and the offender was in the wrong. Talmage reaching a settlement with the offender, under the terms of which, the offender has agreed to stop offending, and also agreed to pay for all of his client’s attorneys’ fees incurred on this matter to date---$35,000.
• Talmage prevailed (in a 2-1 victory) in getting the court of appeals to reverse the trial court’s wrongful refusal to enforce an arbitration provision.
• Talmage prevailed (in a unanimous opinion) in getting the probate court’s summary judgment affirmed on appeal in dispute among siblings over their father’s estate. The client was wrongfully accused by his siblings of breaching his fiduciary duty as co-trustee of a revocable trust. Talmage succeeded in getting him totally cleared while also prevailing on the case’s key evidentiary rulings.
• Represented a major motor vehicle distributorship that was sued for tortious interference with a contractual relationship by an out-of-state distributor competitor. The plaintiff sought damages of several million dollars, and Talmage succeeded in getting the case settled and dismissed in less than six months, under the terms of which the plaintiff received nothing from our client.
• Represented a major financial investment advisor who sought to consummate a business divorce in order to disconnect from his troublesome long-time partner. Talmage’s client achieved the desired disconnect result by obtaining a favorable pre-litigation settlement at mediation, thereby avoiding his client’s having to pay what would have been substantial litigation fees.
• Represented the financial services division of a major automobile manufacturer against a breach of contract claim asserted by one of its former vendors. Again, Talmage got the case settled favorably and promptly by pursuing a pre-litigation mediation, thereby avoiding his client’s having to pay what would have been significant litigation fees.

• Oil & Gas Cases—including disputes over the terms of oil & gas leases, joint operating agreements, drilling contracts, and other contracts involved in the energy business.
• Real Estate Cases—including disputes over the proper interpretation of real estate instruments, deficiencies owed after foreclosure, adverse possession, prescriptive easements, trespass to try title, and condemnation.
• Intellectual Property Cases—including trademark and patent disputes.
• Business Tort Cases—including fraud, tortious interference, and RICO claims.
• Family Office Disputes—involving parents and siblings at war with each other.
• Probate Cases—involving all aspects of estate administration.
• Banking Cases—involving disputes over promissory notes, deeds of trust, personal guaranty agreements, and all other types of loan documents.
• Labor & Employment Cases—including disputes over covenants not to compete, and severance compensation.
• Receivership Litigation & Claims against Governments—that involve sovereign immunity issues.

• Commercial Litigation (Trial and Appellate)
• Arbitration and Dispute Resolution (Mediation and Arbitration)

• Texas since 1978
• All U.S. District Courts in Texas
• United States 5th Circuit Court of Appeals

University of Texas:

• J.D., 1978
• B.A., (Major in Economics, Minor in English) cum laude 1975, Phi Beta Kappa

Distinctions

• In 2023, received the Luke Soules Award from the State Bar of Texas Litigation, which is given annually to a Texas litigator for lifetime achievement as a practitioner and outstanding service to the profession.
• In 2022, received the Dan Rugeley Price Memorial Award from the Texas Bar Foundation which is given annually to the Texas lawyer who “exemplifies the qualities of an accomplished legal writer and researcher, a talented and dedicated practicing lawyer, a servant of the profession as a volunteer and an advocate on its behalf.” View full press release here.
• In 2021, the American Lawyer recognized Talmage as one of its Pathfinders for the southern region of the United States.
• Named to “Texas Super Lawyer” list, a Thomson Reuters service, for Business Litigation every year since 2003.
• Named to “Best Lawyers” in America list, by BL Rankings, for Commercial Litigation, Appellate and Litigation-Banking and Finance every year since 2013.
• He is the only lawyer to have received Presidential Citations from eight different State Bar of Texas Presidents for outstanding service to the State Bar: in 2005-2011, and 2018.
• In 2019, received the Terry Lee Grantham Memorial Award from the Texas Bar Foundation which is given annually to the Texas lawyer who is “an accomplished, talented, and dedicated Texas lawyer who is a servant of the profession and a dedicated advocate”.

Affiliations

• Former Member, Board of Directors, State Bar of Texas (June, 2008-June, 2011)
• Past Chairman (2003-2004) and Council Member (1997-2008), Litigation Section, State Bar of Texas
• Member (2011-present), Editorial Board, Texas Bar Journal; - - monthly magazine published by the State Bar of Texas for the 110,000 lawyers in Texas
• Past Board Member (2012-2021) and Chair (2021) Dallas Bar Foundation
• Past Chairman (1993) and Council Member (1993-2014); Business Litigation Section, Dallas Bar Association

• Board certified and recertified multiple times in Civil Trial Law (since 1988) and Civil Appellate Law (since 1990), by the Texas Board of Legal Specialization

• Talmage previously served as the Chairman of the State Bar of Texas’ Litigation Section, Chairman of the State Bar of Texas’ Council of Chairs, Chairman of the State Bar of Texas’ Annual Meeting Committee, and Chairman of the Dallas Bar Association’s Business Litigation Section.
• He served as a director of the State Bar of Texas from 2009 - 2011.
• In the year ended 2021, Talmage completed his term as Chairman of the Dallas Bar Foundation.
• He was recently named to become a new board member of the Texas Bar Foundation for a three year term.