Shawn W. Phelan
Management Committee Chair
Shawn Phelan represents lawyers, design professionals, officers and directors, real estate brokers, insurance agents, and other professional clients in litigation throughout Texas. Shawn defends lawyers in legal malpractice and breach of fiduciary duty suits and in grievance proceedings, and design professionals on errors and omissions claims and construction defect cases.
He also has substantial experience representing broker/dealers, registered representatives, and officers and directors in securities and commercial matters involving a wide variety of business litigation issues, including securities fraud, business torts, deceptive trade practices, construction, unfair competition, and alter-ego claims. Shawn has also represented numerous parties in class action litigation.
Represent lawyers in grievance proceedings before the State Bar of Texas.
Obtained summary judgment for lawyer alleged to have mishandled multi-million dollar copyright litigation.
Defended Real Estate Broker in class action lawsuit alleging violations of the Real Estate Settlement Procedures Practices Act (RESPA) and breach of fiduciary duty.
Obtained dismissal of numerous claims against design professionals under Chapter 150 of the Texas Civil Practice & Remedies Code.
Obtained dismissal of claims against lawyer/arbitrator and award of sanctions against plaintiff.
Obtained summary judgment in favor of local law firm sued in bankruptcy court by bankruptcy trustee for turnover of legal fees.
Tried legal malpractice case against family law lawyer, resulting in no liability for lawyer and lawyer’s recovery of outstanding fees.
Obtained summary judgment for civil engineer on claim asserted by homeowner and homeowners’ association for millions in damages as a result of alleged defective retaining walls.
Tried legal malpractice case against lawyer alleged to have committed malpractice in defending client at trial, where jury returned a verdict substantially below plaintiff’s last settlement demand.
Represent parties in copyright and trade names disputes relating to design of structures.
Obtained summary judgment for immigration lawyer alleged to have committed malpractice in the handling of her clients’ immigration application.
Represent fee attorneys and lawyers in claims asserted by lenders involved in subprime lending practices.
Represented national architectural firm in lawsuit involving the design of local courthouse.
Obtained summary judgment for plaintiffs employment lawyer who was sued for allegedly mishandling employment discrimination claim.
Obtained dismissal of lawsuit against North Carolina architect in Texas based upon lack of personal jurisdiction.
Obtained dismissal of grievance alleging family law lawyer mishandled legal matter and violated numerous disciplinary rules.
Obtained dismissal of suit on behalf of structural engineer sued for errors in design of restaurant HVAC system.
Listed for Professional Malpractice Law - Defendants
AV Peer Review Rated
Publications & Speaking Engagements
Education, Admissions & Activities
University of Wisconsin Law School
University of Wisconsin-LaCrosse
B.S., with highest honors, 1989
United States Court of Appeals, Fifth Circuit
United States District Court of Texas: Northern, Southern, Eastern, Western
United States District Court of Wisconsin: Eastern
Professional and Community Activities
Member of the Professional Liability Underwriters Societ
DRI Professional Liability Section
Member of Dallas Bar Association