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Michael P. Metcalf
of the Law Offices of Michael P. Metcalf, p.c. is engaged in the practice of law that centers on the mediation
and arbitration of civil disputes. He also accepts a highly
select number of cases for trial. Mr. Metcalf has more than
30 years experience as a trial lawyer, which includes service
as a District Judge and District Attorney. He is board-certified
by the Texas Board of Legal Specialization as a trial lawyer specialist
in Civil Trial Law and Personal Injury Trial Law.
Education.
In January 1963 Mr. Metcalf received a Bachelor of Science
degree from Texas A&M University in College Station, Texas.
In 1966, he received his Doctor of Jurisprudence from the University
of Houston School of Law. He graduated from The Judge Advocate
General's School at the University of Virginia in December 1966
and the National College of the State Judiciary in July 1976.
Over the years Mr.
Metcalf has stayed active in continuing his legal education.
He is a member of the College of the State Bar of Texas.
Membership is obtained by completing at least 35 hours of continuing
legal education annually. Only about 15 per cent of licensed
attorneys in Texas are members of the College of the State Bar.
Judge Metcalf received his formal training as both a professional mediator and as an arbitrator through
the National Mediation Academy in Dallas, Texas. He was
certified the National Mediation Academy as a mediator for both civil and family law disputes. Judge Metcalf is associated with the National Arbitration Forum and has been certified as an NAF Arbitrator.
Government
Service. Mr. Metcalf was commissioned as a second
lieutenant in the United States Army in 1963. Upon graduation
from law school in 1966, he served for four years in the United
States Army Judge Advocate General's Corps. Upon graduation
from The Judge Advocate General's School at the University of
Virginia in 1966, Captain Metcalf was assigned as an assistant
staff judge advocate to the 22nd Field Army Support Command at
Ft. Lee, Virginia. He was transferred to the Military Assistance
Advisory Group headquarters in Taipei, Taiwan (MAAG-China) in
1967.
While stationed
in Taiwan Captain Metcalf learned to speak Chinese, served as
a Foreign Claims Commissioner, Trial Observer, Claims Officer,
Legal Assistance Officer and advisor to the commander of MAAG-China.
His duties included
negotiating differences with the Chinese government under the
then existing U.S./Chinese MAAG agreement, serving as the Official
United States Trial Observer at criminal trials for U.S. Army
personnel charged with violating Chinese penal laws and advisor-lecturer
to law student cadets at the Military Law Department of the Chinese
Political Staff College. He served as an arbitrator of
disputes that arose between assigned U.S. personnel with diplomatic
status and Chinese citizens. Upon completing his tour of
duty with MAAG-China in 1969, Captain Metcalf was assigned to
III Corps and Fort Hood at Fort Hood, Texas.
As an Assistant
Staff Judge Advocate Captain Metcalf was appointed as the Chief,
Military Justice and was responsible for the oversight of all
military trials, both prosecution and defense, at Fort Hood, Texas. He was responsible for supervising 10 attorneys and administering
hundreds of military trials. Captain Metcalf's service to
his commands was recognized by the award of two decorations, the
Army Commendation Medal and the Joint Service Commendation Medal.
Public Service.
Mr. Metcalf was appointed as the District Attorney of
the 69th Judicial District in February 1971 and served in that
capacity until April 1975. He was responsible for the prosecution
of all felony grade cases in a six-county district until the district
was reduced to four counties in 1973.
From April 1975-1978
Mr. Metcalf served as the District Judge of the 69th Judicial
District. As Judge of a constitutional court of general
jurisdiction Judge Metcalf presided over thousands of civil and
criminal trials. During his tenure on the bench he instituted
a system of docket control designed to expedite the disposition
of cases through his court.
In 1976 while serving
as District Judge of the 69th Judicial District Judge Metcalf
instituted a system of alternative dispute resolution in his district.
In 1976 there was no statutory authority for ADR under Texas law.
Judge Metcalf, borrowing from judicially established ADR models
in other jurisdictions, started a "settlement conference"
system in his court. Through prompt judicial intervention,
parties were given an opportunity to resolve their differences
prior to trial.
Private
Law Practice. Upon completion of his tour of duty
with the U.S. Army, Mr. Metcalf began the private practice of
law with the firm of Lovell, Lyle and Cobb at Dumas, Texas in
1970. He was engaged in a general civil practice with a
heavy emphasis on trial work. Upon completing his term as
District Judge in December 1978 Mr. Metcalf formed his own law
firm.
The Metcalf firm
was engaged in a wide range of general civil litigation that included
business, insurance defense, family law and personal injury trial
law. He received Martindale Hubbell's highest rating (AV)
in 1980 and has maintained that rating to the present. In
February 1990 Mr. Metcalf joined the Law Office of Windle Turley,
p.c. and focused exclusively on a civil trial practice.
In 1997 he started his own firm which specializes in the mediation
and arbitration of disputes as well as consultation and trial
of select cases.
Trial Practice.
Mr. Metcalf has been engaged in the trial of law suits
from the inception of his career. Even before being licensed
as an attorney in 1966, he won the moot court competition at the
University of Houston College of Law and represented his school
in moot court competition arguments before the Texas Supreme Court.
While in the U.S.
Army, Captain Metcalf served as both trial counsel (prosecutor)
and defense counsel in general and special courts-martial.
The case's Captain Metcalf tried ranged from robbery and negligent
homicide to desertion.
Immediately upon
leaving the service in 1970 Mr. Metcalf joined a law firm that
was engaged in an active general civil trial practice. Business
disputes, personal injury, family and corporate defense work formed
the basis for an active trial practice.
In early 1971 Mr.
Metcalf was appointed as the District Attorney of the 69th judicial
district. For the next four and one-half years he prosecuted
all felony grade cases in a district that was larger than many
of the smaller states. A full range of criminal cases which
included murder, rape, robbery, forgery, securities law violations
and drug prosecutions were tried before juries.
After leaving the
bench Mr. Metcalf formed a law firm and entered into an active
trial practice that included general civil trials as well as some
criminal defense work. The bulk of trial work included civil
business disputes, family law cases involving property and custody
issues and general personal injury claims.
In 1990 Mr. Metcalf
joined a major personal injury law firm in Dallas. For the
next seven years he represented parties in general negligence
claims, contract disputes and employment law claims. The
experience gained over the years in representing injured parties
or business entities with contract or other claims served to build
on an already extensive background of trial experience.
In 1991 Mr. Metcalf earned a dual certification from the Texas
Board of Legal Specialization in both Civil Trial Law and Personal
Injury Trial Law.
Mediation
Practice. Judge Metcalf was one of the judicial
pioneers who recognized the need for litigants to be afforded
an opportunity for alternative dispute resolution. Judge
Metcalf either instituted or presided over hundreds of settlement
conferences which were designed to give parties an alternative
to judicial resolution.
As a board certified
trial attorney in the Dallas area, Mr. Metcalf has participated
as an advocate in about 100 mediated cases. From a background
of more than thirty years of trial and judicial experience with
alternative dispute resolution, Mr. Metcalf started a practice
in 1997 devoted to selective representation of clients needing
the services of a highly skilled trial attorney with a focus on
the mediation and arbitration of all types of civil disputes.
Professional
Associations and Activities. Mr. Metcalf was certified
by the Texas Board of Legal Specialization in Civil Trial Law
and Personal Injury Trial Law in 1991. He was re-certified
in both specialties in 2001. He served as an officer in
the 69th Judicial District Bar Association and as a member of
the State Bar of Texas Insurance Trust Committee from 1979-1985.
He is a member of
the State Bar of Texas, American Bar Association, Dallas Bar Association,
The College of the State Bar of Texas, the Texas Trial Lawyers Association, and the Dallas Trial
Lawyers Association. Mr.
Metcalf is a member of the ADR section of the State Bar of Texas
as well as the Dallas Bar Association. He is a member of
the Million Dollar Advocates Forum, the Phi Alpha Delta Legal
Fraternity and Pi Chiao Law Society (Chinese).
Reported
Cases. Representative samples of reported cases
Mr. Metcalf has tried include Cactus Feeders, Inc. v. Wittler
509 SW 2d 934, Shappley v. State 520 SW 2d 766,
Pipgras v. Hart 832 SW 2d 360, Taylor v. Taylor,
747 SW 2d 940, Hartman v. State 507 SW 2d 553 and
Scribner, et al. v. Waffle House, Inc. 976 F. Supp. 475 (N.D.
Tex. 1997).
Court
Admissions. Mr. Metcalf is licensed to practice
law before the U.S. Court of Appeals for the 5th Circuit, U.S.
District Court of the Northern District of Texas, The Texas Supreme
Court, all State Courts of Texas and the Court of Military Appeals.
Civic and
Other Activities. Mr. Metcalf has served as a member
of the Rotary Club in Taipei and in Texas; he is a Deacon and
Elder in the Christian Church and is presently a member of Northway
Christian Church.
7502
Greenville Ave., Suite 500
Dallas, Texas 75231
Telephone Number: 214-890-9270
Fax Number: 214-340-9836
mmetcalf1@hotmail.com
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