Paul D. Clote

Attorney Profile

Top Rated Alternative Dispute Resolution Attorney in Houston, TX

McGinnis Lochridge
 | 609 Main St, Suite 2800
Houston, TX 77002-5250
Phone: 512-910-8491
Fax: 713-328-1828
Selected To Super Lawyers: 2007 - 2020
Licensed Since: 1977
Practice Areas:
  • Alternative Dispute Resolution (40%),
  • Business Litigation (30%),
  • General Litigation (10%),
  • Estate & Trust Litigation (10%),
  • Civil Litigation: Plaintiff (10%)
    Attorney Profile

    A highly regarded civil trial and appellate lawyer, Paul D. Clote is a partner at McGinnis Lochridge. Based in the firm's Houston office, he provides representation to individuals and businesses across the State of Texas in a variety of complex commercial disputes. Mr. Clote's clients include financial services companies, health care professionals and institutions, and oil and gas companies, contractors and landowners. The types of cases that he has handled have included business fraud, breach of fiduciary duties, letters of credit, partnership disputes, oil and gas operating agreements, disability benefit plans covered by ERISA, state and federal wage and hour claims, and broker commissions.

    In addition to being a skilled trial and appellate practitioner, Mr. Clote has extensive experience in mediation and arbitration.  He has been appointed as a special master in complex litigation. Admitted to practice in Texas and Colorado, he also is admitted to practice before the U.S. District Courts for the Northern, Eastern and Western Districts of Texas, the U.S. Court of Appeals for the 5th and 11th Circuits, and the Supreme Court of the United States. One measure of the high regard in which Mr. Clote is held by his colleagues is his 30+ year AV Preeminent* peer review rating through Martindale-Hubbell.

    Mr. Clote is a 1974 recipient of a Bachelor of Arts from Northwestern University, where he majored in history and political science. His legal education was obtained at The University of Texas at Austin School of Law, where he served as an editor of The American Journal of Criminal Law. Upon being awarded his Juris Doctor with Honors in 1977, Mr. Clote was inducted into the Order of Barristers. After graduation, he spent nearly six years with an international law firm based in Houston where he tried a dozen cases to jury verdict.  He joined McGinnis Lochridge in September 2016.

    *AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

     
    Practice Areas
    • 40%Alternative Dispute Resolution
    • 30%Business Litigation
    • 10%General Litigation
    • 10%Estate & Trust Litigation
    • 10%Civil Litigation: Plaintiff
    Focus Areas

    Arbitration, Mediation, Trade Secret, Non-Compete Agreements, Litigation, Will Contests

    Selections

    Selected to Super Lawyers for 14 yearsbottom-image

    Super Lawyers: 2007 - 2020

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    About Paul Clote

    Admitted: 1977, Texas

    Professional Webpage: http://www.mcginnislaw.com/attorneys/paul-d.-clote

    Honors/Awards:

    • Life Fellow, Texas Bar Foundation
    • Phi Delta Phi
    • President, Association of Attorney Mediators, 2018
    • Life Fellow, Houston Bar Foundation
    • Order of Barristers (1975-1976)
    • Texas Super Lawyers, a Thomson Reuters service, Business Litigation and ADR (2007- 2019) 
    • Associate, American Board of Trial Advocates
    • Graduate with Honors, The University of Texas School of Law, 1977
    • Listed in Best Lawyers©, Commercial Litigation and Arbitration (2015-2020) 

    Bar/Professional Activity:

    • Houston Bar Foundation (Sustaining Life Member)
    • American Board of Trial Advocates (Associate, Senior Life Fellow)
    • Texas Bar Foundation (Sustaining Life Member)
    • United States District Courts for the Northern, Western and Eastern Districts of Texas
    • U.S. Supreme Court, 2003
    • Board of Disciplinary Appeals (Chair 2008, Vice Chair 2007)
    • Member, American Bar Association (1977-Present)
    • Association of Attorney Mediators (President - 2018; President-Elect, 2017; Past Treasurer)
    • U.S. Court of Appeals 5th Circuit, 1981
    • Texas Mediator Credentialing Association (Credentialed Distinguished Mediator)
    • Member, Houston Bar Association (1977-present)
    • Member, Board of Disciplinary Appeals Appointed by Texas Supreme Court, 2002 - 2008
    • U.S. District Court Southern District of Texas, 1979
    • Colorado State Bar, 2006
    • Supreme Court of the United States of America 
    • Member, State Bar of Texas, Grievance Committee 4-A, 1993-1999
    • Texas State Bar, 1977
    • U.S. Court of Appeals 11th Circuit, 1981

    Scholarly Lectures/Writings:

    • Co-Presenter with Burgess Wade and David Lauritzen, Mediation - Conflicts, Conflabs, andCraftiness, ADR Section Roadshow, Texas State Bar co-hosted by the Midland County BarAssociation (March 26, 2019)
    • Co-Presenter with Kris Donley, Beth Krugler, John Palmer & Pattie Porter, I Can’t Get NoSatisfaction . . . Or Can I?, TMCA 14th Annual Symposium, Austin, Texas (November 10, 2018)
    • Co-Presenter with Kirk Crutcher and David Russell, Maximizing the Value of Mediation, ADRSection Roadshow, Texas State Bar co-hosted by the Amarillo Area Bar Association (October 11,2018)
    • Presenter, Ethical Issues in Mediation, Advanced Attorney-Mediator Training and CLE Seminar,Association of Attorney-Mediators, Houston, Texas (September 16, 2016)
    • Presenter, Ten Tips for Successful Mediation, International Mediation Symposium, Center for International Legal Studies, Salzburg, Austria (June 11-14, 2015)
    • Presenter, Practice Tips for Arbitration & Mediation, Center for International Legal Studies, Steamboat, CO (December 7, 2007)
    • Presenter, Selecting the Mediator, 4th Annual Institute for Responsible Dispute Resolution, Resolution Forum, Inc. & Center for Legal Responsibility, Houston, Texas (October 30, 2003)
    • Rice University, Adjunct Professor, Mediation and Conflict Resolution, 2002, National
    • Visiting Professor, Commercial Arbitration, 2008; National Law Academy of Odessa, Ukraine
    • Visiting Professor, Commercial Arbitration, 2010; University of Debrecen (Hungary) School of Law
    • Speaker at the Center for International Legal Studies' International Mediation Symposium in Salzburg, Austria, 2015.
    • Panel Member, Ethical Solutions for Moving Past Impasse, Advanced Attorney-Mediator Training and CLE Seminar, Association of Attorney-Mediators, Houston, Texas

    Verdicts/Settlements:

    • Represented plaintiffs in litigation involving physical and sexual assaults by defendant. The case was tried in Harris County state district court, resulting in a jury verdict of more than $20 million for plaintiffs. 
    • Represented plaintiff in civil RICO lawsuit based on multi-million dollar fraudulent invoices sold to plaintiff. The case abated pending criminal investigation.
    • Represented executor and sole beneficiary in will contest matter where adoption by estoppel was alleged by putative adoptee. The case settled after jury selection
    • Represented ranch owner plaintiff against family members in a dispute involving transfers of family limited partnership interests. Judgment entered rescinding transfers and restoring ownership of the ranch and business to plaintiff.
    • Represented plaintiff in a long term disability claim against an insurance company where ERISA law required proof of abuse of discretion. Verdict found for plaintiff for wrongfully refusing to pay disability benefits and the case was affirmed by 5th Circuit on appeal.
    • Represented plaintiff in probate court litigation involving ownership of trust account funds. Jury verdict found for plaintiff and affirmed on appeal.
    • Represented plaintiff in breach of fiduciary duty/fraud litigation against former attorneys and was awarded a $6 million jury verdict and a $3 million judgment entered on behalf of the plaintiff based on breach of fiduciary duty and fee forfeiture.

    Representative Clients:

    • Lain v. UNUM Life Insurance Company of America, 279 F.3d 337, 5th Cir. 2002
    • Westwind Exploration, Inc. v. Homestate Savings Assoc, 696 S.W.2d 378, Tex. 1985
    • Southland Life Insurance Co. v. Estate of Martha Small, 806 S.W.2d 800, Tex. 1991
    • Stegall v. Oadra, 868 S.W.2d 290, Tex. 1993

    Educational Background:

    • University of Texas School of Law, J.D., 1977 (with honors)
    • Northwestern University, B.A., 1974

    Industry Groups

    • Financial Institutions
    • Contractors
    • Health Care
    • Oil/gas
    • Real Estate
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    Office Location for Paul D. Clote

    609 Main St
    Suite 2800
    Houston, TX 77002-5250

    Phone: 512-910-8491

    Fax: 713-328-1828

    Paul D. Clote:

    Last Updated: 5/27/2020

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