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Zach Brady

ZACH BRADY, PARTNER

Zach practices primarily commercial litigation and agricultural law with a focus on real property litigation, including eminent domain, controversies related to nuisance law, and water rights. He has handled over 200 eminent domain cases in his career, and has an active Public Utility Commission practice. Further, he has first chaired complex jury trials and hotly contested administrative hearings and has successfully argued an appeal centering around Texas’ Right to Farm Act as lead counsel before the Texas Supreme Court. Zach holds the Pre-Eminent Rating of “A.V.” from Martindale-Hubbell, and was named a distinguished alumnus of the Texas Tech College of Agricultural Sciences and Natural Resources.

Zach founded ZS Brady & Co. in May, 2006. In 2013, Zach partnered with Brent Hamilton to form Brady & Hamilton, LLP. The firm’s attorneys focus on serving clients in agriculture, real estate, energy and related fields.

Zach has provided legal services to the Texas cotton industry since the beginning of his law practice. He has been active in boll weevil eradication efforts in Texas, first as a staffer to Sen. Robert Duncan from 1997-1999, and as an attorney for the Texas Boll Weevil Eradication Foundation since 1999. He has also represented the Texas Cotton Ginners Association and Plains Cotton Growers for many years.

In the water law arena, Brady developed statutory language, adopted by the Texas Legislature, that was later cited by the Texas Supreme Court in its Day decision, establishing landowner ownership of groundwater in place. Brady has also served on the board of the Brazos River Authority and is a member of the Lubbock Water Advisory Board.

Zach’s community service activities include his work as President of the Lubbock Independent School District Board of Trustees, member of the Texas FFA Association Board of Directors, and service on Senators Cornyn and Cruz's Federal Judicial Evaluation Committee. He is also a past chairman of the Texas Tech Chancellor’s Council, a past chairman of the City of Lubbock Advisory Committee on Oil and Gas Ordinances, a former director of the American Museum of Agriculture, and a former member of the Texas FFA Association Board of Directors.

Education:

• J.D., with honors, University of Texas (1999)

• B.S., magna cum laude, Texas Tech University (1995)

Professional Associations/Memberships:

• State Bar of Texas (Chair, Agricultural Law Committee)

• Lubbock County Bar Association

• Lubbock County Young Lawyers Association

Reported Cases:

• Holubec v. Brandenberger, et al., 111 S.W.3d 32 (Tex. 2003)

• Domingo v. Skidmore, 2011 WL 4478385 (Tex. App. – Amarillo, August 31, 2011)

• Wallace v. Kent County, 2013 WL 4531253 (Tex. App. – Amarillo, August 21, 2013)


Zach Brady

BRENT HAMILTON, PARTNER

Brent Hamilton received his BA in Petroleum Land Management from Texas Tech University, and returned there for law school after working in the oil and gas industry. Brent was admitted to the Texas Bar in 1996, and is licensed to practice in all Texas State Courts and the Federal Courts of Texas, Colorado and New Mexico. Brent has a general civil litigation and energy practice, which focuses on serving the needs of business and land owners. Brent has years of trial experience, and has successfully served as lead trial counsel in numerous cases which have been cited by the State and Federal Courts of Appeal and the Texas Supreme Court. Brent’s energy practice focuses on lease issues, royalty litigation, eminent domain, and wind energy transactions, representing both land owners and energy companies. Brent is a member of the Lubbock County Bar Association, Texas State Bar, American Board of Trial Advocates and American Bar Associations. He has served twice as President of the Hale County Bar Association, and has been appointed to serve on committees for the Seventh Court of Appeals and the Supreme Court of Texas.

Education:

• J.D., Texas Tech University School of Law (1996)

• B.A., Petroleum Land Management, Texas Tech University (1993)

Professional Associations/Memberships:

• State Bar of Texas

• Lubbock County Bar Association

•American Board of Trial Advocates

Reported Cases:

• Occidental Permian, Ltd. v. French, 391 S.W.3d 215 (Tex. App. – Eastland, 2012, pet. granted)

• In re Estate of Catlin, 311 S.W.3d 697 (Tex. App. – Amarillo, 2010, pet. denied)

• Parker County’s Squaw Creek Downs, L.P. v. Watson, 2009 WL 885941 (Tex. App. – Fort Worth, April 2, 2009)

• Watson v. Tipton, 274 S.W.3d 791 (Tex. App. – Fort Worth, 2008, pet. denied)

• King v. Lawley, 2008 WL 3877691 (Tex. App. – Austin, August 22, 2008)

• Oneok Westex Transmission, L.P. v. Castor Oil, Inc., 2007 WL 547768 (Tex. App. – Amarillo, February 22, 2007)

• Dunnagan v. Watson, 204 S.W.3d 30 (Tex. App. – Fort Worth, 2006, pet. denied)

• City of Willow Park v. Squaw Creek Downs, L.P., 166 S.W.3d 336 (Tex. App. – Fort Worth, 2005, no pet.)

• Wafer v. State, 58 S.W.3d 138 (Tex. App. – Amarillo, 2001, no pet.)

• In re Trinity Meadows Raceway, Inc., 2007 WL 2713920 (Bankr. N.D. Tex., September 11, 2007)


Zach Brady

M. AMES HUTTON, ASSOCIATE

Ames is a litigator who joined B&H in 2020 after an eight-year stint as in-house counsel for a healthcare company. He has tried jury trials and bench trials in state and federal courts across Texas. Ames’ focus is commercial litigation in the areas of real property rights, business and insurance disputes, and personal injury.


A native of Dallas, Ames graduated cum laude from Washington and Lee University (BA, History). He then worked as a legal assistant at a prominent Dallas law firm before attending law school at the University of Texas. After obtaining his law license, Ames spent thirteen years in private law practice, handling all aspects of civil litigation matters in the areas of insurance defense, personal injury, employment and general commercial litigation, including trying multiple cases to verdict.   He then transitioned to an in-house counsel role for the largest operator of short-stay surgical facilities in the country, where he started as a corporate generalist and ultimately came to oversee all litigation matters for the company.


Ames is a long-time volunteer for Carry The Load, a non-profit dedicated to honoring the sacrifices of military and first responder heroes, and he spent fifteen years as Class Agent for Washington and Lee. He is a former youth sports coach and avid high school football fan.  

Zach Brady

MATT HARRIGER

Matt Harriger is an eminent domain attorney with extensive experience litigating large-scale infrastructure projects that impact rural, retail, commercial, industrial, and special-use properties. Matt has tried numerous condemnation jury trials and handled hundreds of administrative hearings before special commissioners. For three years after law school, Matt was an associate practicing commercial and property tax litigation at Hohmann, Taube & Summers, LLP. In 2003, Matt became and Assistant Attorney General in the Texas Attorney General’s Transportation Division, where he represented the State of Texas, primarily in condemnation cases. During his almost 10 years at the AG’s office, he was promoted to AAG VI and became Senior Attorney for the “Houston Team,” which primarily litigates condemnation cases anywhere between the Red River east of the DFW area all the way south to Galveston. As a Senior Attorney, Matt directly managed a team of seven attorneys and co-managed a team of 14 attorneys. Matt now represents property owners in condemnation cases all over Texas. Matt has obtained successful jury verdicts, judgments, commissioners’ awards, and summary judgments in counties across the State of Texas, and he also has some appellate experience in the courts of appeal. Matt is an Eagle Scout originally from Lubbock, Texas.


Education:

·        J.D., University of Texas School of Law (2010)

·        M.P.Aff., Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin (2006)

·        B.A., University of Texas at Austin (2002)


Bar and Court Admissions:

·        State Bar of Texas

·        U.S. District Court: Northern, Southern, Western, and Eastern Districts of Texas


Speaking Engagements:

·        Project Influence: a deep dive, CLE International Eminent Domain Conference, Houston, Texas 2022

·        Project Influence, CLE International Eminent Domain Conference, Austin, Texas 2022

·        Streamline your Eminent Domain Case, CLE International Eminent Domain Conference, Houston, Texas 2021

·        Expert Witnesses in ED Cases: what you need to know about virtual hearings, CLE International Eminent Domain Conference, Houston, Texas 2020

·        Government Takings: fee vs easement takings, CLE International Eminent Domain Conference, Houston, Texas 2019

·        County Roads, Public Roads, and the State Highway System: is the State required to compensate political subdivisions?, IRWA Seminar, San Marcos, Texas, 2016

·        Condemnation Caselaw Update, CLE International Eminent Domain Super Conference, Austin, Texas, February 2016

Zach Brady

JOHN N. MCCLISH, OF COUNSEL

John N. McClish focuses his practice on representing rural and urban landowners throughout Texas in eminent domain and condemnation proceedings, as well as matters involving property rights and vested rights. Mr. McClish has a proven track record of success in civil trials, appeals, and administrative proceedings. As a testament to his reputation as a preeminent land use lawyer, Mr. McClish has been selected to Texas Super Lawyers, and is "AV" rated by Martindale-Hubbell, signifying the highest ethical standards and legal ability.


Mr. McClish is a Life Fellow of the Texas Bar Foundation, as well as a member of the State Bar of Texas, the Travis County Bar Association, and the American Bar Association. He attended the University of Texas at Austin, where he earned his Bachelor of Arts in 1971 and his Juris Doctorate in 1980. Mr. McClish was admitted to practice in Texas in 1980. He was born in Burnet, Texas.

Zach Brady

SUE DOMINGUE WALL, OF COUNSEL

Sue Domingue Wall practices in the areas of eminent domain, condemnation, and property rights. Ms. Wall is a member of the State Bar of Texas, the Travis County Bar Association and the Travis County Women Lawyers Association. She earned her Bachelor of Business Administration from Sam Houston State University in 1982 and her Juris Doctorate from the University of Houston. She was admitted to practice in Texas in 1986. Ms. Wall was born in Port Arthur, Texas.

Zach Brady

DAN FOSTER, OF COUNSEL

Dan Foster focuses his practice on representing individual and business landowners throughout the state of Texas in the areas of eminent domain and condemnation, including in government negotiations, administrative proceedings, and civil trials. Mr. Foster also represents clients in cases involving property rights, vested rights, real estate, and civil litigation. Mr. Foster is a member of the State Bar of Texas, the Travis County Bar Association, and the Real Estate Council of Austin. Mr. Foster attended the University of Texas at Austin, where he earned his Bachelor of Arts in 1990 and his Juris Doctorate in 1999. He was admitted to practice in Texas in 1999. Mr. Foster grew up in Hughes Springs, Texas.

Zach Brady

LAURA PRATT, ASSOCIATE

Laura joined Brady & Hamilton, LLP in 2018, practicing commercial litigation, with a focus on condemnation law, administrative law, and agricultural law.


She began her diverse legal career at the City of Lubbock, practicing municipal law and specializing in environmental compliance and natural resources law. She was also a municipal prosecutor. After completing a two-year relocation overseas in the Middle East, Laura held the position of Executive Director for OneVoiceHome, a local non-profit she founded in 2015 that supports survivors of sex trafficking.


Laura is very passionate about public service. She is TYLA’s current vice president, and she previously served for four years as the TYLA District 3 Director. During her tenure on the TYLA board of Directors she served on 15 committees and developed or contributed to numerous TYLA projects. She also serves as director for both the Lubbock Area Bar Association and the Lubbock County Young Lawyers Association. She is a member of the Texas Bar College and a fellow of the Texas Bar Foundation.


Laura frequently speaks to community organizations and schools on various legal topics. She also serves on the Board of Directors for OneVoiceHome and volunteers for her church and her kids’ school. She has received numerous local, state, and national recognition for her commitment to service.


Education:

J.D., magna cum laude, Texas Tech University School of Law (2009)

•  Law and Science Certificate

•  Certificate of Excellence in Legal Research

• Phi Kappa Phi Honor Society

• CALI Awards: Criminal Law, Accounting for Lawyers, Environmental Law, & International Environmental Law

• Jurisprudence Awards: Legal Practice I, Torts, Nanotechnology, Bioethics, & Immigration Law


B.A. in Biochemistry with minor in Business Management, University of Arkansas (2007)

•  Senior Scholar, GPA 3.975

• Phi Beta Kappa Honor Society


Bar and Court Admissions:

• State Bar of Texas

• U.S. District Court: Northern, Southern, Western, and Eastern Districts of Texas

• U.S. District Couts: New Mexico

• U.S. Circuit Court of Appeals: Fifth Circuit

 

Professional Associations/Memberships:

• Texas Bar College, Member, 2010−Present

• Texas Bar Foundation, Fellow, 2014−Present

• State Bar of Texas’s Administration of Rules of Evidence Committee, Member, 2020-2023

• Lubbock County Women Lawyers’ Association

·        President, January 2012–July 2013

• Texas Young Lawyers Association

·        Vice President, 2021-2022

·        Board Member, 2019-2021

·        Board Member, 2013–2015

• Lubbock Area Bar Association

·        Director, 2018−Present

·        Secretary, 2012−2013

• Lubbock County Young Lawyers Association

• Lubbock County Women Lawyers’ Association

·        President, January 2012–July 2013


Publications:

Hidden in Plain Sight: A General Overview of the Human Trafficking Issue

·        75 Texas Bar Journal 762 (November 2012)


Decreasing Dirty Dumping? A Reevaluation of Toxic Waste Colonialism and the Global Management of Transboundary Hazardous Waste

·        35 William & Mary Environmental Law & Policy Review 581 (Winter 2011).

·        41 Texas Environmental Law Journal 147 (Winter 2011).


Texas Lawyers for Texas Veterans – Seeking Accreditation

·        74 Texas Bar Journal 928 (November 2011)


Decreasing Dirty Dumping?, Waste and Resource Recovery Newsletter (Waste and Resource Recovery Committee, Section of Environment, Energy, and Resources, American Bar Association), Vol. 11, No.2 (July 2011)


LUBBOCK LAW NOTES

·        Stars of Texas Bars Award 2018—Best Feature/General Interest Series of Articles Award

·        Stars of Texas Bars Award 2014—News Article, Best Feature/Substantive Law Series of Articles, and Best Feature/General          Interest Series of Articles Award


Professional Awards and Accolades:

American Bar Association,

·        On the Rise – Top 40 Young Lawyers, 2020-2021 Honoree


Texas Young Lawyers Association

• Small City Ultimate Champion, 2020-2021

• Outstanding Director Award, 2019-2020

• Commitment to Service Award, 2014–2015

• Outstanding First Year Director Award, 2013−2014

• President's Award of Merit, 2012−2013


Lubbock Area Bar Association,

• President’s Award of Merit, 2014−2015

• Outstanding Young Lawyer Award, 2013−2014

 

Tech Law Alumni Association

•   2021 Daniel H. Benson Public Service Award

•   2014 Herschell L. Barnes Ambassador Award

•   2013 Bob Black Bar Leaders Award


Community Service & Involvement:

• OneVoiceHome, Founding Board Member & President

·        Provides a safe home for restoration and new beginnings for sexually exploited girls.

• Voice of Hope, Volunteer

·        Provides help, hope, & healing to persons affected by sexual violence by providing education, awareness, & support.

• Upland Heights Elementary School, PTA, 2017–Present

• Turning Point Community Church, Volunteer

Zach Brady

GARRETT COUTS, ASSOCIATE

Garrett practices primarily in wills, trusts, estate planning, probate, real estate, energy, business formations and transactions, and agricultural law.

 

Garrett grew up in Pampa, Texas, raising and showing livestock and participating in various agriculture-related organizations and events such as Gray County 4-H and Texas FFA, as well as playing tennis for the Pampa Harvesters. 

 

The Couts family are Texas Tech Red Raiders through-and-through. Garett and each of his two sisters have two degrees each from Texas Tech University, and Garrett’s mother was Texas Tech Parent of the Year in 2013. While at Texas Tech University, Garrett studied Agricultural Communications with minors in Agribusiness and Political Science, served in numerous organizations including the CASNR Agri-Techsans and the Texas Tech University Student Government. Garrett graduated as the top student in his degree program and with magna cum laude honors. Through the College of Agricultural Sciences and Natural Resources, Garrett worked in Washington D.C. for Congressman Mike Conaway on the 2013 FARRM Bill. 

 

While attending Texas Tech University School of Law, Garrett participated in numerous organizations, including: the Texas Tech University Supreme Court (Justice); Delta Theta Phi; Academy for Leadership in the Legal Profession; and various others. 

 

Garrett began his legal pursuit working for Saleh Law in Lubbock and Lamesa during his undergraduate studies. During law school, Garrett worked for McCleskey, Harriger, Brazill & Graf, and McWhorter, Cobb, & Johnson, and clerked for the statutory Probate Court No 2 of Dallas County for the Honorable Ingrid M. Warren.

 

After law school Garrett became an attorney with McCleskey, Harriger, Brazill & Graf, where he practiced extensively in probate and estates, energy law, real estate, agricultural issues, commercial and personal litigation, and various other areas. Garrett then joined the Brady & Hamilton team in 2019. 

 

Garrett’s community service activities include serving on the board of the Lubbock County Young Lawyers, volunteering through legal aid clinics for pro bono legal services, serving on various committees of the Lubbock Chamber of Commerce, mentoring for the Lubbock Chamber of Commerce Young Entrepreneurs Academy, volunteering at the Texas Tech University School of Law for various events and organizations, and serving on the Houston Livestock Show and Rodeo Alumni Task Force. 

 

Bar & Court Admissions:

• All Texas State Courts

• All U.S. District Courts of Texas (Northern, Southern, Eastern, and Western Districts)


Education:

• J.D., magna cum laude, Texas Tech University School of Law (2017)

• B.S. Agricultural Communications, magna cum laude, Texas Tech University (2014)

 

Professional Associations & Memberships:

• Texas Bar Foundation: Fellow (2021- Present)

• Texas Young Lawyers Association (2016-Present / Director - 2021- Present)

• Lubbock County Young Lawyers Association (2017-Present / Director–2019-2021)

• Lubbock Area Bar Association (2017-Present)

• Texas Bar College (2018-Present)

• American Inns of Court (2017-Present)

• American Agricultural Law Association (2017-Present)

• Delta Theta Phi Law Fraternity, Lindsey Senate (2014-Present)

• Lubbock Chamber of Commerce: Young Professionals of Lubbock (2017-Present)

• Lubbock Chamber of Commerce: Agriculture Committee (2017-Present)

• Lubbock Chamber of Commerce: Ambassadors (2017-Present)

• Real Estate, Probate & Trust Law Section of the State Bar of Texas (2017-Present)

 

Professional Recognitions & Awards:

• Texas Young Lawyers Association: Outstanding First Year Director (2021-2022)

• Lubbock Area Bar Association: Outstanding Young Lawyer (2020-2021)

• Lubbock Chamber of Commerce: Leadership Lubbock Class of 2020 (2019-2020)

• Legal Aid of Northwest Texas: 2019 Pro Bono Young Lawyer Award (2019)

• Lubbock Chamber of Commerce and Young Professionals of Lubbock: Twenty Under Forty Award Recipient (2018)

• Texas Bar College (2018-Present)

• Phi Delta Phi, Legal Honor Society (2015-Present)

• Houston Livestock Show & Rodeo Scholarship Recipient & Scholars Alumni (2010-Present)


Publications:

• "Telelaw" - The [Next] Frontier

  • State Bar of Texas 24th Annual Summer School: Sun, Sand, and CLE for the General Practitioner - July 21-23, 2022

• Ancillary probate: 'Anci-what-now?'

  • Progressive Cattle magazine - June 2022

• Eminent Domain Update - Legislation 2021 Session

  • State Bar of Texas 15th Annual John Huffaker Agricultural Law CLE - May 26-27, 2022

• Houston Livestock Show & Rodeo – Scholarship Alumni Association: Prelaw Webinar

  • Houston Livestock Show & Rodeo Scholarship Alumni Association - May 21, 2022

• Law 101 The Basics

  • Frenship High School INCubatoredu - March 2022

• Landowners' Perspectives in Negotiating Leases (Co-Author: Zachary S. Brady)

  • University of Texas Law CLE - 17th Annual Renewable Energy Law Institute · Feb. 2022

• 2020-2021 Changes to the Texas Rules of Civil Procedure (Co-Author: Laura Pratt)

  • Hale County Bar Association - September 2021

• Texas Landowner-Liability Statutes - What They Are & Why You Need Them (Co-Author: Brent Hamilton)

  • Texas Wildlife Association - 8th Annual Private Lands Summit · Jul 15, 2021

• 2020 Changes to the Texas Rules of Civil Procedure (Co-Author: Laura Pratt)

  • Lubbock Lawyers' Mentor Group - May 2021

• Houston Livestock Show & Rodeo – Scholarship Alumni Association: Prelaw Webinar

  • Houston Livestock Show & Rodeo Scholarship Alumni Association - May 15, 2021

• Law 101 - The Basics: What Ag. Communicators Need to Know

  • Texas Tech University Davis College of Agricultural Sciences & Natural Resources - Spring 2021

• Law 101 The Basics

  • Frenship High School INCubatoredu - April 2021

• Our Perfection Complex (Co-Authors: multiple)

  • Lubbock Chamber of Commerce: Leadership Lubbock Class of 2020 - November 2020

• Tech Basics - Tools for Solo and General-Practice Practitioners (Co-Author: Alvin "Al" Harrison)

  • State Bar of Texas - Summer School: Sun, Sand, and CLE for the General Practitioner - Jul 1, 2020

• The 'Other' Estate Documents - What They Are & Why You Need Them

  • State Bar of Texas - Summer School: Sun, Sand, and CLE for the General Practitioner - Jul 1, 2020

• Law 101 - The Basics: What Ag. Communicators Need to Know

  • Texas Tech University Davis College of Agricultural Sciences & Natural Resources - Spring 2020

• The Other Estate Planning Docs. & Estate Property Conveyances

  • Hale County Bar Association - March 2020

• Mental Health & Wellness in the Bar (Co-Authors: multiple)

  • Texas Tech University School of Law Inn of Court - 2020

• Estate Planning Docs. & Probate Properties 101 The Basics

  • Westmark Realtors - February 2020

• Episode #73 - Garrett Couts (Transfer on Death Deeds v. Lady Bird Deeds)

  • Ag Law in the Field - Texas A&M AgriLife Extension (Tiffany Lashmet) - Jan 30, 2020

• Estate Planning Docs 101 The Basics

  • Texas Farm Bureau (Lubbock) - July 2019

• Estate Planning Docs. & Probate Properties 101 The Basics

  • Lubbock Association of Realtors - "Business Builder" - July 2019

• Law 101 - The Basics: What Ag. Communicators Need to Know

  • Texas Tech University Davis College of Agricultural Sciences & Natural Resources - Spring 2019

• Business Entities & Intellectual Property: An Introduction

  • Lubbock Chamber of Commerce Young Entrepreneurs Academy - December 2018

• Law 101 - The Basics: What Ag. Communicators Need to Know

  • Texas Tech University Davis College of Agricultural Sciences & Natural Resources - Spring 2018

• Texas Legislative Update 2017 - 85th Legislative Session (Co-Authors: multiple)

  • Texas Tech University School of Law Inn of Court - March 20, 2018

• The Electoral College "One Person, One Vote[?]" (Co-Authors: multiple)

  • Texas Tech University School of Law Inn of Court - 2016

• Growing Justice

  • The Agriculturist - Texas Tech University Davis College of Agricultural Sciences & Natural Resources - Jan 1, 2014


Community Service & Interests:

• Legal Aid of Northwest Texas: Advisory Committee (2021-Present)

• Serve Lubbock non-profit: Director, Board of Directors (2021-Present)

• Milestone Leadership: Mentor (2021-Present)

• Houston Livestock Show and Rodeo: Scholarship Alumni Mentor (2021)

• Lubbock Chamber of Commerce: Committees, Ambassador, Young Entrepreneurs Mentor, guest speaker, etc.

• Texas Tech University Davis College of Agricultural Sciences and Natural Resources, Dept. of Ag. Education & Communications: Guest speaker

• Texas Tech University School of Law: Guest speaker, BoB Judge, Energy-Law Moot Court Team Coach, Mock Interviewer, etc.

• Houston Livestock Show and Rodeo: Alumni Task Force (2018-June 2021)