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Michael Duncan, Naman, Howell, Smith & Lee, PLLC Photo

Michael S. Duncan



“Success in practice takes many forms.  While it’s always nice to have easy-to-describe victories, as rewarding are the other ways in which I help clients reach a more favorable result.  These may take the form of preserving trial court error for an appeal so that the opposing party knows any victory in the trial court may be only temporary, defending or eliminating causes of action or defenses through pre-trial motions practice, or successfully arguing for a legally sound jury charge that avoids the improper instructions or questions advanced by the opposing party.”

Mike Duncan focuses his practice on civil appeals, appellate litigation support, and litigation of both complex commercial disputes and personal injury actions. He has handled cases in state and federal trial courts, multiple Texas courts of appeals, and the Texas Supreme Court.

Prior to joining Naman Howell, Mike served as a clerk for Justice Phil Johnson of the Texas Supreme Court.

He is admitted to practice in the Western and Southern Districts of Texas and the U.S. Court of Appeals for the Fifth Circuit.

Before beginning his legal career, Mike had a long career representing physicians’ interests on legislative and regulatory fronts as an association executive.


Representative Matters

  • In breach of contract and breach of fiduciary duty case involving limited partnerships, obtained partial summary judgment on liability; successfully defended against summary judgment; successfully defended Daubert challenge to Plaintiffs’ industry and economic experts; successfully defended against 12(b)6 and 12(c) challenges.  No. 7:19-cv-00269, VTX Communications, LLC, et al. v. AT&T Inc., et al., S.D. Tex.
  • In breach of contract case, protected $1.2 million breach of contract judgment plus attorney’s fees at intermediate appellate court and Texas Supreme Court from challenge on jury charge and legal and factual sufficiency grounds.  No. 20-0416, L&S Meats, LLC et al. v. USA Feedyard, LP, Supreme Court of Texas; No. 07-18-00030-CV, Tex. App.—Amarillo (representing Appellees/Respondents).
  • In personal injury and wrongful death case, obtained mandamus relief vacating denial of motion to transfer venue.  No. 12-23-00210-CV, In re AAA Brothers Holdings, LLC and Tri-State Trucking, LLC, Tex. App.—Tyler (representing Relators).
  • In personal injury and wrongful death case, obtained mandamus relief vacating overbroad order compelling discovery.  No. 03-23-00426-CV, In re J & GK Properties – CKJ North Texas Series LLC d/b/a CKJ Transport of North Texas, Tex. App.—Austin (representing Relator).
  • In limited liability company breach of contract, breach of fiduciary duty, etc. arbitration case, obtained confirmation of $4 million net rescission and special damages award, and denial of application to vacate or modify the award.  DC-22-03911, G. R. Chapman Limited Partnership, et al. v. Campbell Burgess, et al., 68th District Court, Dallas (representing Plaintiffs/Appellees).
  • In breach of contract and fraud case, obtained grant of review from Texas Supreme Court on issue of arbitration, appellate procedure, and appellate court jurisdiction.  No. 19-0263, Bonsmara Natural Beef Company, LLC, et al. v. Hart of Texas Cattle Feeders, LLC, et al., Supreme Court of Texas (representing Petitioners).


Civic & Professional

State Bar of Texas

State Bar of Texas, News for the Bar, Litigation Section Editor, 2016 - Present

State Bar of Texas, Appellate Section, Member

State Bar of Texas, Litigation Section, Member

Texas Bar College

Texas Young Lawyers Association

Austin Bar Association

Texas Young Lawyers Association

Austin Young Lawyers Association

American Inns of Court, Robert W. Calvert Inn, 2014 - 2015

Families in Nature, Board Member, 2018 - Present

LBJ Library Future Forum, Member, 2002 - Present

Treasurer, Magellan International School Parents’ Association, 2018 - 2021

MS 150 Cycling Team, Team Captain, 2010 - 2012

Prevent Blindness Texas - Austin Chapter, Board Member, 2006 - 2008

News & Insights

Beyond the Law

Mike is a fifth-generation Texan. He lives in Austin with his wife, who is also an attorney, and their son.  He enjoys cycling, home improvement projects, and travel with his family.


  • State Bar of Texas, 2015
  • U.S. District Court Western District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit


University of Texas School of Law, J.D., with Honors, 2015

  • Order of the Coif
  • Pro Bono Torchbearer Honors

University of Texas LBJ School of Public Affairs, 1999 - 2003

Rice University, B.A. in Political Science, 1996

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