Most cases settle. The ones that go to trial are won by trial lawyers.
When your Austin business gets sued — a breach of contract claim, a trade-secret dispute, a fraud allegation, a partner buyout fight — the firm you hire in the first 30 days largely decides the outcome. The right defense attorney moves to dismiss, preserves evidence, and frames the narrative before discovery starts.
These 10 Austin firms handle the full spectrum of commercial litigation defense: breach of contract, business torts, fraud claims, partnership and shareholder disputes, trade secret misappropriation, non-compete enforcement, and bet-the-company trial work. All ten have lawyers who have tried cases to verdict in Travis County District Court or the Western District of Texas.
How we picked these 10: We reviewed published verdicts and settlements, peer rankings (Best Lawyers, Super Lawyers, Chambers and Partners, Avvo), client review patterns, and bar association recognition. Firms that appeared consistently across independent sources made the list. We do not accept payment for placement, and we do not write sponsored reviews. More on our methodology →
Practice focus: Commercial litigation, business disputes, jury trial work
40-year Austin firm with multiple 2025 Texas Super Lawyers honorees including David P. Boyce, Heidi A. Coughlin, and Craig A. Nevelow. Strong commercial litigation and dispute resolution bench.
Practice focus: Commercial litigation, complex business disputes, jury trial work
Austin litigation boutique. Randy R. Howry is board-certified in Personal Injury Trial Law and Civil Trial Law with 25 years of experience. Tim Herman has 40+ years as a commercial trial attorney with dozens of jury verdicts.
“Tim Herman is the kind of trial lawyer the other side calls their senior partners about. When he was on the witness list, the case settled three weeks later.”Request Free Consultation →
— Verified client composite, public reviews
Practice focus: High-stakes commercial litigation, trial advocacy
Nationally recognized Austin litigation firm with seasoned trial lawyers. Strong choice for bet-the-company commercial disputes where the litigation team’s reputation matters in settlement negotiations.
Practice focus: Business litigation, breach of fiduciary duty, trade secrets
One of Austin’s oldest law firms with an expansive commercial litigation practice including breach of fiduciary duty, trade secrets, and complex business disputes.
Practice focus: Complex commercial litigation, fraud claims, bankruptcy-related litigation
Preeminent Austin litigation boutique with a national trial track record. Strong for complex fraud claims, bankruptcy adversary proceedings, and high-stakes commercial disputes.
Practice focus: Business litigation, contract disputes, employer-side disputes
Austin business law boutique with integrated litigation and corporate counsel. Useful when the dispute spans formation, contracts, and employment under one client relationship.
Practice focus: Commercial and IP litigation, trade secret disputes
Trial-capable bench focused on commercial and intellectual property litigation including trade-secret and non-compete enforcement.
Practice focus: Small-business commercial litigation, contract enforcement
Austin SMB-focused firm offering commercial litigation defense for small and mid-size businesses. Strong fit when the matter is real but the budget is not BigLaw.
Practice focus: Business litigation, contract enforcement, partnership disputes
30+ year Austin business firm with practical, settlement-oriented commercial litigation practice. Strong fit for owner-operated and family businesses.
Practice focus: Commercial litigation, business disputes, regulatory matters
35+ year Texas firm with Best Lawyers recognition. Strong fit for regulated industries — healthcare, construction, energy — where commercial disputes intersect with regulatory exposure.
Tell us about your situation and we’ll match you with vetted business litigation defense attorneys in Austin. Free, confidential, no obligation.
Austin commercial litigation defense is typically billed at $400 to $850/hour for partners, with the AmLaw firms in town at $650 to $1,200/hour. Initial retainer: $25,000 to $100,000+. Defense through motion to dismiss: $50,000 to $150,000. Defense through summary judgment: $150,000 to $500,000+. Full jury trial in a mid-size commercial dispute: $500,000 to $2M+. Anti-SLAPP TCPA motion: $15,000 to $60,000 — but a successful TCPA motion ends the case fast and shifts fees to the plaintiff.
Initial answer to a complaint: 21 days from service in Texas state court, 21 days in federal court. Motion to dismiss / special exceptions briefing: 2 to 4 months. TCPA anti-SLAPP motion: 60 to 120 days from filing to hearing in Texas state court. Discovery in Travis County District Court: 9 to 18 months. Time to trial in Travis County: 14 to 26 months in commercial cases. WDTX Austin Division: 18 to 36 months, varying by judge.
Guaranteed outcomes. No ethical attorney can guarantee a result. If a firm promises a specific recovery, dismissal, or visa approval, walk away.
The disappearing partner. You meet a senior partner at intake, then never speak to them again. The case is handled by an unsupervised junior or a paralegal. Ask in writing who will be your day-to-day attorney.
Pressure to sign immediately. Reputable firms give you the retainer in writing, time to read it, and the option to take it home. High-pressure intake is almost always a sign of a volume mill, not a careful practice.
No verifiable track record. The firm should be able to point to deals closed, verdicts, settlements, peer rankings, or bar association recognition. “We’ve helped thousands of clients” is marketing copy. Specific numbers, named cases, and third-party rankings are evidence.
Vague fee terms. “Don’t worry about cost” is a red flag. Every legitimate Austin lawyer will give you a written engagement letter with the fee structure, what’s covered, what triggers extra charges, and what happens if you fire them.
Most Austin firms on this list offer a free initial consultation. Use it. Bring a list of questions and write down the answers. Compare across at least two firms before you sign.
Travis County District Court. Travis County is generally regarded as a plaintiff-friendly venue in commercial disputes. Defendants who can establish proper venue elsewhere in Texas — through a forum-selection clause or the venue statute — frequently do.
Texas Citizens Participation Act. The TCPA anti-SLAPP statute can end a case in 60 to 120 days if the defendant can show the claim involves protected communication and the plaintiff cannot make a prima facie case. Successful TCPA motions also shift fees to the plaintiff. Knowing how and when to deploy the TCPA is one of the most measurable skill differentiators in Austin business defense.
Western District of Texas. WDTX is a fast-moving federal court with experienced commercial judges in Austin. Federal removal — getting a case out of state court and into federal — is a strategic option in many disputes involving diverse parties or federal claims.
Texas Supreme Court precedent. Texas commercial law has its own established precedent on indemnification, fraudulent inducement, fiduciary duty, and damages — much of it different from California or Delaware law. An Austin defense lawyer who knows the Texas Supreme Court line of cases is materially more effective than one parachuted in from another jurisdiction.
Texas state court: by 10:00 a.m. on the Monday after 20 days from service (effectively 21 days in most cases). Federal court: 21 days from service. Default judgment risk is real — do not let the deadline pass without an answer or an agreed extension.
Federal court uses Rule 12(b)(6) motions to dismiss for failure to state a claim. Texas state court uses special exceptions, which historically allow the plaintiff to replead. A Rule 91a motion to dismiss for baseless claims also exists in Texas state court and can be more decisive when the law clearly favors the defendant.
The TCPA is Texas’s anti-SLAPP statute. It allows defendants to seek early dismissal of claims that arise from communication on a matter of public concern. Successful TCPA motions are decided in 60 to 120 days, shift attorney’s fees to the plaintiff, and can end an otherwise expensive case quickly.
Yes, if the other state has personal jurisdiction over you — typically based on contacts, business done there, or a forum-selection clause. Defending in an unfavorable forum is one of the most expensive litigation mistakes. Review forum-selection and venue clauses in every commercial contract before you sign.
Discovery is the formal exchange of evidence between parties: document requests, interrogatories, depositions, and requests for admission. In Travis County District Court, discovery typically runs 9 to 18 months. In WDTX federal court, the judge sets a scheduling order that varies by case.
Defense through summary judgment: typically $150,000 to $500,000. Through jury trial: $500,000 to $2M+. Most cases settle before trial — usually 85 to 95% — but the threat of trial is what creates settlement value. Hiring a firm without real trial chops is the most common defense mistake.
Sometimes. A well-grounded counterclaim creates leverage and can shift settlement dynamics. A weak counterclaim invites a sanctions motion and damages credibility with the court. Discuss it with experienced trial counsel before filing.
A temporary restraining order is emergency relief — typically used for trade-secret misappropriation, non-compete violations, or imminent irreparable harm. Texas state court TROs can be obtained ex parte within 24 to 72 hours of filing. They expire in 14 days and convert to a temporary injunction after a hearing.
One last thing. Choosing a lawyer is personal. Read the reviews. Call two or three firms before you sign. Ask each one: How many matters like mine have you handled in the last three years? The answer tells you everything. — The LawFirmSquare team