F. Witcher McCullough III
McCullough ADR
Attorney-Mediator · Arbitrator
6707 Bridge Hill Cove
Austin, Texas 78746
Ph: (512) 587-3144
Fax: (512) 233-1750
Witcher@McCulloughADR.com
www.McCulloughADR.com

BIOGRAPHY

Witcher McCullough, Attorney-Mediator and Arbitrator of McCullough ADR in Austin, is an experienced, fifth-generation attorney who relocated from West Virginia to Texas after completing his Juris Doctorate to begin practicing law in 1970. He has mediated over 1,000 cases in Texas and throughout the United States. Incorporating mediation into his trial practice in 1992, Witcher has served as an arbitration advocate in numerous arbitration cases since the early 1970s and is also an arbitrator with the American Arbitration Association. He has tried cases in state and federal courts, including successfully arguing before the Texas Supreme Court and the Fifth Circuit U. S. Court of Appeals.

Commencing his career as an Industrial Relations Specialist for Continental Oil Company in Houston, Texas from 1970 to 1972, Witcher's litigation practice began in 1972 when the Department of Justice appointed him as a federal prosecutor in Houston, Texas. Eventually, he was appointed as Special Attorney-In-Charge of a federal strike force. Working for several law firms throughout his practice he spent a substantial part of his career with Baker & Botts in both Houston and Austin from 1975 to 1989. Just prior to forming McCullough ADR in 2009, he was Of Counsel with Haynes and Boone in Austin. In addition to maintaining his practice, he also served as a Relief Austin Municipal Judge/Criminal Magistrate Judge from 2012 until 2018.

Witcher completed his preparatory education at The Mercersburg Academy, undergraduate degree at Stetson University, and JD at West Virginia University. He has been admitted to practice by the West Virginia and Texas State Bars, the Northern and Southern Districts of the U.S. District Court of West Virginia, the Southern, Western, Northern, and Eastern Districts of the U.S. District Court of Texas, the Northern District of the U.S. District Court of California, and The Eastern District of Michigan, the Fifth Circuit of the U.S. Court of Appeals, and the Supreme Court of the United States.

As a member of the State Bar of Texas, he has served in numerous capacities, including being appointed by eight Presidents of the Bar as chairman and member of grievance committees for 24 years. He has been appointed by the Texas Supreme Court as a member and/or chair of the Unauthorized Practice of Law Committee for over 20 years. Locally, Witcher has also served on several boards of the Austin Bar Association. He has been included in several editions of Who's Who in America, Who's Who in American Law and Who's Who in the World.

In recognition of outstanding contributions to his profession and the Marquis Who's Who community, Witcher has been featured on the Albert Nelson Marquis Lifetime Achievement

website.

Resume

Austin lawyer with more than 40 years' experience practicing law in Houston and Austin, including litigation representing Plaintiffs and Defendants in the following types of cases:

Banking (including Lender Liability, Usury, Tying Act and Bad Faith); Securities, Employment, Insurance (including Bad Faith and Coverage issues); Real Estate (Foreclosure, Forcible Entry and Detainer, Title Disputes and Related Issues); Product Liability; Personal Injury; Construction (Commercial and Residential); Business (including Contract, Partnership and Corporate disputes); Bankruptcy (Adversary Proceedings); Commercial (including RICO, Deceptive Trade Practices, Unfair Competition, Unlawful Debt Collection Practices); Environmental; Professional Liability (Legal, Accounting and Director and Officer): Condemnation, Trademark and Patent Infringement; Maritime and White Collar Criminal Practice (Environmental, Tax Fraud, Business Fraud).

Experience

Mediated over 1000 diverse, complex cases in most major Texas cities and throughout the U.S.
Experience as arbitrator and arbitration advocate in various areas of law.
Extensive trial and appellate practice in all levels of state and federal courts, including oral arguments in the Texas Supreme Court and U.S. Court of Appeals, Fifth Circuit.
Majority of career with Baker Botts; Sheinfeld, Maley & Kay (former Managing Shareholder of Austin office); Diamond McCarthy and Haynes Boone before opening McCullough ADR in 2009
Federal Prosecutor, Houston (1972-75) (served one year during tenure as the Attorney-in-Charge of Federal Strike Force)
Martindale-Hubbell Law Directory Rating: AV Preeminent
Relief Austin Municipal Judge and Criminal Magistrate Judge (2012-2018)-presided over jury and non-jury Class C trials and served as Criminal Magistrate Judge

Admissions and Certifications

Admitted to the following Courts: all state and Federal District Courts in Texas and West Virginia; Northern District of Calif., Eastern District of Michigan; U.S. Fifth Circuit Court of Appeals; and U.S. Supreme Court
Certified Mediator for National Association of Securities Dealers/ FINRA (1996-Present)
Arbitrator, American Arbitration Association (and independent arbitrator)

Appointments and Memberships

Member, Litigation and Alternate Dispute Resolution Sections, State Bar of Texas. Austin Bar Association and Association of Attorney-Mediators (1992-Present)
Grievance Committee Member, Houston (1978-1987) and Austin (1995-2001, 2009-2012, 2014–2020). Panel Chair (2000-2001; 2010-2012). District 9 Chair (2010-2012)
Appointed by the Texas Supreme Court as Chairman of its Unauthorized Practice of Law Committee (1984-1987) (Member 1983-1991/Ex-officio member 2007- present)
President's Unauthorized Practice of Law Task Force for State Bar of Texas (1998-2001)
Independent Hearing Examiner for Texas Education Agency (2010-2012)

Honors

Marquis Who's Who Lifetime Achievement Award ( recognition in the legal field)
Listed in several editions of Who's Who in American Law and Who's Who in America
Previously voted " Best Qualified" Judicial Candidate for the Court of Appeals, Houston, in the State Bar of Texas Judicial Candidate Poll

Education

The Mercersburg Academy-graduated 1963

Stetson University - Graduated with B.A.degree in 1967

West Virginia University College of Law-Graduated with J.D. Degree in 1970

Texas Residence

Houston - 1970-87

Austin - 1987-present