Dana Livingston

Practice Areas

Appeals and Legal Issues

Career

Clients embroiled in bet-the-company appeals and high-stakes litigation call on Dana for the type of broad and deep experience that a savvy, experienced, and skilled appellate lawyer can bring. A board-certified appellate specialist, Dana is recognized as one of the premier appellate practitioners in the state, with particular expertise before the Fifth Circuit and the Supreme Court of Texas. A former Law Clerk for the Fifth Circuit and a former Staff Attorney at the Supreme Court of Texas, Dana is equally fluent in both state and federal appellate matters.

During her 31-year career, Dana’s wide-ranging experience in appellate advocacy and complex legal issues covers a diverse range of substantive law. Known for her ability to weave creative problem-solving with the careful intellectual perspective that the appellate process demands, she frequently works with trial counsel on strategy, key discovery disputes, legal motions, crafting and arguing the jury charge, and error preservation during and after trial to achieve an early litigation victory or lay the groundwork for a successful appeal or mandamus.

Because of her extensive appellate expertise, Dana was appointed by the Texas Board of Legal Specialization to serve on its Civil Appellate Examination Commission for six years. Dana is also a former Adjunct Professor of Law at the University of Texas School of Law where she taught Appellate Advocacy for many years.

Dana’s devotion to appellate practice caused her to be selected as the Editor in Chief of the two-volume Appellate Practice Compendium, a multi-jurisdictional appellate practice guide published by the American Bar Association and to author the Fifth Circuit chapter of that book. Dana is a sought-after speaker at CLE programs on a wide range of appellate practice topics.

Dana entered private practice with the Houston office of Vinson & Elkins LLP and was a partner for 15 years with the appellate boutique, Alexander Dubose Jefferson & Townsend LLP before joining Cokinos | Young. She has been Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1995.

Professional Memberships

- American Bar Association: Council of Appellate Lawyers, Judicial Division; Publications Committee (Editor of Appellate Practice Compendium) (2008-14); Rules Committee, Member (2008-14)

- Texas State Bar: Appellate Practice & Advocacy Section; Section Member (1991-present); Interaction with Judges Committee (2018-2019); Appellate Advocate, Editor (2019-present), Associate Editor (1996-97, 2003-06); Electronic Publications Committee, Member (1996-97); Annual Meeting Planning Committee, Member (2003); Pattern Jury Charge Committee—General Negligence and Intentional Personal Torts, Member (2004-06); Plain Language Committee, TYLA Liaison (1994-95); Texas Bar Foundation, Fellow (1995-present); Texas Bar Journal, Editorial Board (1995-98); Texas Bar Journal Committee, Member (1995-98)

- Austin Bar Association: Appellate Section, Chair (2003-04); Austin Young Lawyers Association; AYLA Board of Directors (2003-04); Treasurer (2002-03); Secretary (2001-02); Director (2000-01); Austin Lawyer, Editor of AYLA Section (1999-2003); Judicial Affairs Committee, Co-Chair (1998-2003); Publications Committee, Co-Chair (1999-2003); Supreme Team Committee, Co-Chair (1998-99); VoTexas Committee, Member (1998-99); Nominated for Outstanding Young Lawyer of Austin (2000)

- University of Texas Annual Conference on State and Federal Appeals: Planning Committee Member (2002-present); Presiding Officer (2003, 2005-2007, 2010)

- Bar Association of the Fifth Federal Circuit