Developer Training

DONALD F. HAWBAKER, ATTORNEY & COUNSELOR

**** ******* *****, *******, ** 30223 404-***-**** **********@*****.***

linkedin.com/in/donhawbaker

VALUE SUMMARY

ATTORNEY/LEAD TRIAL AND APPELLATE COUNSEL in numerous commercial litigation trials in state and federal

courts (20+ jury trials; 80+ bench, contested evidentiary hearings and arbitrations). SEASONED MEDIATOR

with outstanding results achieved as Chief Circuit Mediator for the U.S. Courts of Appeals in First and Eleventh

Circuits. Successful appellate advocacy abilities enhanced by observation of 1,000+ oral arguments and

review/evaluation of 5,000+ appellate briefs. Negotiation and mediation talents demonstrated in 2,300+

diverse civil cases and by years of conducting high-quality mediation training for attorneys only.

HIGHLY-SKILLED AND VERSATILE in all aspects of cost-beneficial civil litigation strategy and tactics; legal

analysis of potential risks, claims and defenses; depositions and examination of witnesses; electronic and

documentary discovery; and drafting of pleadings, motions, briefs, memoranda, jury instructions, p roposed

orders and judgments. SAVVY NEGOTIATOR with EXCELLENT COMMUNICATION TALENT exhibited in all

document preparation, courtroom advocacy, client counseling, and interactions with opposing counsel.

BROAD SUBJECT MATTER EXPERIENCE, SUCH AS: breach of contract/ commercial disputes business torts

landlord-tenant/real estate franchisor-franchisee/licensor-licensee; RICO anti-trust public bid and

construction disputes enforcement of non-compete/non-disclosure clauses employment law (Title VII)

civil rights/constitutional law/Federal torts bankruptcy insurance coverage trademark/copyright

infringement/unfair competition environmental maritime ERISA consumer protection statutes.

UNITED STATES COURTS OF APPEALS

Chief Circuit Mediator, Eleventh Circuit, Atlanta, GA 2007 - 2012

Settlement Counsel (Chief Circuit Mediator), First Circuit, Boston, MA 1998 - 2000

Appointed by the First Circuit as the sole mediator for civil cases originating in the federal district courts of 4

New England states and Puerto Rico. Subsequently appointed by the Court in the Eleventh Circuit managing

all aspects of the mediation program for civil cases appealed from federal district courts in Alabama, Florida

and Georgia. Conducted and supervised mediations of 3,500+ cases involving amounts in controversy ranging

from billions of dollars to less than $100,000. Coached, developed and supervised a team of 5

attorneys/mediators. Served as the Court Unit Executive for administrative matters.

Selected Successes:

Maintained a 40+% settlement rate (Eleventh Circuit) and 50+% (First Circuit) on all cases und er personal

management, exceeding the 30-35% achieved by mediation staff/prior chief.

Managed a program that received outstanding evaluations from 90% of the lawyers who participated in

the mediations, with a 50% rate of return of evaluations.

Prepared Court’s first-ever Manual of Protocols for successful mediation of appellate cases, outlining step-

by-step practices and procedures to position, prepare, and manage counsel, litigants and attendant

dynamics underlying the process of achieving of settlement of appeals.

Significantly contributed to the Eleventh Circuit’s # 1 or #2 ranking for expediency in case disposition.

JONES, WALKER, WAECHTER, POITEVENT, CARRERE & DENEGRE, LLP, New Orleans, LA 2005 - 2007

Special Counsel, The Woodlands, Texas Office

Hired into a senior litigation, partner-track position in a 200+ attorney firm, providing supervisory assistance to

a team of five litigation attorneys during a phase of expansive growth of its Houston-area office. Coached,

trained, and developed a cohesive legal team. Lead trial and appellate counsel in resolution of numerous legal

disputes verging upon or resulting in civil litigation or court-annexed arbitration.

Selected Successes:

In four-week jury trial, obtained complete defense verdict in multi-million dollar suit by owner-developer,

achieved a $1 million judgment for bond surety (Travelers Surety & Casualty) and general contractor, and

negotiated settlement of case for 98% of judgment amount. Error-free record in trial court prevented

threatened appeal of judgment.

Achieved multi-million dollar recovery for NYSE-listed developer (Post Properties) in suit for damages to

mixed-use property due to contractors’ defective workmanship with litigation settling upon terms vastly in

excess of client’s contingent asset valuation.

Defended wrongfully-defaulted general contractor from claims by project owner and surety (Hartford) for

performance and completion of $25 million+ project in Washington, D.C.; resolved all claims for less than

.5% of client’s potential legal exposure.

FORD NASSEN & BALDWIN, P.C., Dallas, TX 2000 - 2005

Senior Litigator / Shareholder

Represented and advised clients of boutique construction-law firm in civil litigation and other legal proceedings;

supervised 3 associate attorneys.

Selected Successes:

Negotiated recovery of $4.3 million out of $6.2 million in unpaid contract balance (total job : $19.5

million) via assertion of contractor’s statutory and constitutional liens in bankruptcy court proceedings of

developer.

Obtained $1.8 million federal-court judgment for surety and third-party defendants for indemnified losses

and complete defense judgment upon $32 million counterclaim.

Prosecuted claims of national restaurant owner/operator in recovering easement rights with a settlement

of 80% of provable past damages based on future lost-profits damages of approximately $1.3 million.

Following two-week state-court jury trial, earned complete defense verdict in construction suit brought by

owner-developer and awarded judgment of $600,000+ for a surety and bonded contractor.

ATTORNEY-MEDIATORS INSTITUTE, Dallas and Houston, TX 1991 - 1998

President/Principal and Senior Faculty Member

Founded and managed a seminar/training entity that provided mediation training for attorneys only. Produced

Basic, Advanced and Family-Law Mediator training programs in a part-time capacity while practicing law.

Handled all administrative aspects of the business including marketing, accounts payable/receivable,

procurement and contracting. Wrote and revised the entire training curriculum, including presentation content.

Selected Successes:

Trained 2,500 attorneys from 30+ states in the art, skill and service of mediating legal disputes. Students

included bar association leaders, judges, law school professors, a former U.S. Senator and a former FBI

Director.

Earned evaluation from 90% of course participants which averaged 4.85 on a five-point scale.

ADDITIONAL RELEVANT EXPERIENCE

WINSTEAD SECHREST & MINICK, P.C., Dallas and Houston, TX - Shareholder / Associate 1979 - 1991

Member of 200-attorney firm’s 7-member Executive Committee and Managing Partner of 40-attorney

Houston office. Attorney of record in many jury, non-jury and contested evidentiary matters.

Attorney of record in many appeals in state and federal courts including these Texas Supreme Court cases:

TransAmerican Natural Gas Corporation v. Powell, 811 S.W.2d 913 (Tex. 1991); Tatum v. Preston Carter

Company, 702 S.W.2d 186 (Tex, 1986); Guaranty Bank v. Thompson, 632 S.W.2d 338 (Tex 1982);

Exchange Savings & Loan v. Monocrete Pty., Ltd, 629 S.W.2d 34 (Tex. 1982)

EDUCATION, LICENSES, TRAINING, PUBLICATIONS, PRESENTATIONS, & TECHNOLOGIES

Juris Doctor, BAYLOR LAW SCHOOL, Waco, TX, 1979; Executive Editor, Baylor Law Review

Bachelor of Arts, BAYLOR UNIVERSITY, Waco, TX, 1977

Member, State Bar of Georgia (#908709); Member, State Bar of Texas (#09243300).

Admitted to practice in numerous U.S. Courts of Appeals and U.S. District Courts

Comment, “Imposition and Selection of Sanctions in Texas Pretrial Discovery Procedures,” 31 Baylor Law Review 191 (1979)

Comment, “Specialization: The Resulting Standard of Care and Duty to Consult,” 30 Baylor Law Review 729 (1978)

MS Office Suite; TreeAge Litigation-Risk-Analysis decision-tree software; Westlaw; Lexis-Nexis

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