David Fowler Johnson

David focuses his practice on trust and estate litigation, handling disputes over the administration, interpretation and modification of trusts, as well as contested estate matters. His experience includes will contests, claims involving elder abuse, mental competency and undue influence, and breach of fiduciary duty claims. He also handles accounting and power of attorney disputes, heirship proceedings, suits to remove fiduciaries, and requests for judicial instruction or discharge.

David’s trust litigation work encompasses trust decanting, severance and joinder, and proceedings to modify, reform or clarify trust terms. In recent trial matters, he has represented banks facing beneficiary claims over trust distributions, the management of oil and gas assets, and a bank’s authority to serve as trustee of more than 220 trusts. He has also represented a bank seeking to modify three trusts after a charitable beneficiary substantially changed its operations. His work for individual fiduciaries includes defending an executor against breach of fiduciary duty and accounting claims, and a trustee against claims concerning fiduciary duties, the settlor’s mental competence and undue influence.

Alongside his disputes practice, David advises trust departments on the construction of trust documents and documents releases and consents, fiduciary resignations and successor appointments, trust modifications, mergers and severances. He has also been retained as an expert on compliance with fiduciary duties, fiduciary compensation and elder abuse.

David’s practice extends to closely held business disputes, including minority ownership rights, shareholder-derivative litigation and disputes between majority and minority owners. His trial experience includes representing a 50% owner of an umbrella company who also held minority interests in more than 100 other special asset entities in a business dispute involving assets exceeding $100 million. He has represented majority owners in disputes with minority owners, as well as trustees and minority owners in matters involving allegations of excessive compensation, poor management or self-dealing. He has also represented a wife in divorce proceedings involving closely held businesses and family trusts.

David is board certified by the Texas Board of Legal Specialization in Civil Trial Law, Civil Appellate Law and Personal Injury Trial Law. He serves on the board of the Texas Board of Legal Specialization and previously served on the commission responsible for writing and grading its civil trial law examination. His court experience includes the U.S. Supreme Court, the Fifth, Seventh and Eleventh Circuits, three federal district courts in Texas, the Texas Supreme Court and Texas intermediate appellate courts.

A frequent writer and speaker on fiduciary issues, David publishes The Fiduciary Litigator, a blog covering Texas case law, legislative developments and other precedent affecting fiduciaries. He received the JD Supra Readers’ Choice Award for Wealth Management in 2020 for the third consecutive year and was named a “Go-To Thought Leader” in Fiduciary Litigation by the National Law Review that year. He has delivered more than 300 legal education presentations and published 20 law review articles, which have been cited by the Texas Supreme Court, other courts and legal commentators. David has also served as an adjunct professor at Baylor University Law School and Texas Wesleyan Law School.

• Chase Manhattan Bank & Bank One, N.A. v. Bowles, 52 S.W.3d 871 (Tex. App.--Waco 2001, no pet.)
• Texas Department of Transportation v. Beckner, 74 S.W.3d 98 (Tex. App.--Waco 2002, no. pet. h.) 
• Freeman v. Pevehouse, 79 S.W.3d 637 (Tex. App.--Waco 2002, no pet. h.)
• Allen v. Albin, 97 S.W.3d 655 (Tex. App. - Waco 2002, no pet.)
• CRA Systems v. Focus Enhancements, No. 01-50133, 2002 U.S. App. LEXIS 2119 (5th Cir. 2002)
• Rittenmeyer v. Grauer, 104 S.W.3d 725 (Tex. App.-Dallas 2003, no pet.)
• Stroud Oil Prop. Inc. v. Henderson, No. 02-03-003-CV, 2003 Tex. App. LEXIS 5218 (Tex. App.-Fort Worth June 19, 2003, pet. denied)
• Swepi, L.P v. Camden Res. Inc., 139 S.W.3d 332 (Tex. App.-San Antonio 2004, pet. filed)
• Gililland v. Taylor Investments, No. 11-03-00175-CV, 2004 Tex. App. LEXIS 8521 (Tex. App. Eastland September 23, 2004, orig. proc.)
• Smith, et. al. v. Carter & Burgess, Inc., No. 2-03-313-CV, 2005 Tex. App. LEXIS 1140 (Tex. App.-Fort Worth February 10, 2005, no pet. h.)
• Sanders v. The Home Depot USA, Inc., No. 2-04-196-CV, 2005 Tex. App. LEXIS 3651 (Tex. App.-Fort Worth May 12, 2005, no pet. h.)
• Thompson v. Houk, No. 12-04-00315-CV, 2005 Tex. App. LEXIS 6875 (Tex. App. -- Tyler August 24, 2005, no pet.
• Envt'l Conservation Org. v. Bagwell, No. 4:03-CV-807-Y, 2005 U.S. Dist. LEXIS 22027 (N. D. Tex. September 30, 2005).
• Municipal Electric Authority of Ga. v. Gold-Arrow Farms, Inc., 276 Ga. App. 862, 625 S.E.2d 57 (Ga. Ct. App. 2005, cert. denied)
• Glover v. Union Pacific Railroad Company, 187 S.W.3d 201 (Tex. App.-Texarkana February 17, 2006, pet. denied
• Sadeghian v. Harvey, No. 02-05-294-CV, 2006 Tex. App. LEXIS 4552 (Tex. App. - Fort Worth May 25, 2006, pet. denied)
• World Access Telecommunications Group, Inc. v. Statewide Calling, Inc., No. 03-05-00173-CV, 2006 Tex. App. LEXIS 9061 (Tex. App. - Austin October 17, 2006, no pet.)
• Scruggs Management Services, Inc. v. Lloyd Hanson, et. al., No. 02-05-413-CV, 2006 Tex. App. LEXIS 10272 (Tex. App. - Fort Worth November 30, 2006, pet. filed)
• Ravin Sharma, Asvin Dingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J&J Chemtrading v. Vinmar International Ltd., Cause No. 14-05-01088, 2007 WL 177691 (Tex. App. -- Houston [14th Dist.] January 25, 2007)
• In re Spiritas Ranch Enterprises, LLP, 281 S.W.3d 887 (Tex. App. -- Fort Worth February 22, 2007, orig. proc.
• In re Stonebridge Life Ins. Co., No. 03-08-00124-CV, 2008 Tex. App. LEXIS 3036 (Tex. App.—Austin March 21, 2008, original proceeding)
• Wang v. Prudential Financial Corp., et al., No. 07-10534, 2008 U.S. App. LEXIS 4253 (5th Cir. February 26, 2008)
• Design Electric v. Cadence McShane Corp., No. 14-06-00703-CV, 2007 Tex. App. LEXIS 8586 (Tex. App.—Houston [14th Dist.] October 30, 2007, no pet. h.)
• In re Patriot Oil & Gas, LLC, No. 05-07-00889-CV, 2007 Tex. App. LEXIS 7518 (Tex. App.—Dallas September 17, 2007, orig. proceeding)
• Lexington Ins. Co. v. Strayhorn, 209 S.W.3d 83 (Tex. 2006) (amicus brief)
• Citizens Bank of Tex. v. Wells Fargo Bank, N.A., 05-1097, 2006 Tex. LEXIS 1243 (Tex. December 1, 2006) Tarrant Regional Water Dist. v. Gragg, 43 S.W.3d 609 (Tex. App.—Waco 2001), aff’d, 151 S.W.3d 546 (Tex. 2004) (amicus brief).

• Baylor Law School
  • J.D., 1997
  • magna cum laude
  • Mid-Year Law Award, Baylor Law Review
  • Academic Dean's List
  • Recipient of multiple scholarships
• Baylor University
  • B.B.A., Accounting, 1994

• Best Lawyers in America, 2014-2027
• Best Lawyers in America, "Lawyer of the Year" - Trusts and Estates, 2026
• Top Attorney, 360 West Magazine, 2019-2021
• "Go-To Thought Leader" in Fiduciary Litigation, National Law Review, 2020, 2022
• JD Supra's Readers’ Choice Award For The Fiduciary Litigator Blog, 2019-2026
• Texas Super Lawyers, Thomson Reuters, 2013-2026
• Top 100: Texas Super Lawyers, Thomson Reuters, 2024-2025
• Top 100: Dallas/Fort Worth Super Lawyers, Thomson Reuters, 2024-2025
• Texas Rising Star, Thomson Reuters, 2004-2012
• Tarrant County's Top Attorneys, Fort Worth, Texas, 2004-2023
• The Best Lawyers in Dallas, D Magazine, 2008 and 2009
• Outstanding Lead Article, Texas Tech Law Review,  2007
• The Best Dallas Lawyers Under 40, D Magazine, 2004 and 2006
• 40 Under 40, Fort Worth Business Press, 2003

• Texas Board of Legal Specialization, Board Member
• Member of Southwest Association of Bank Counsel
• Member of Tarrant County Probate Bar Association
• Member of Tarrant County Bar Association Business and Estate Section
• State Bar of Texas (Appellate Section) 
  • Member Services Sub-Committee, 2005-2008; Co-Chair, 2007-2008
  • Rules Sub-Committee, Co-Chair 2009-2012
• Member of Bar Association of the Fifth Federal Circuit
• Eldon B. Mahon Chapter of the American Inns of Court (Master)
• Tarrant County Bar Association Appellate Section
  • CLE Committee, 2005-2008; Co-Chair 2007-2008
  • Appellate Section Leadership Committee, 2005-2007; Vice Chairperson 2008-2009; Secretary 2007-2008
• College of the State Bar of Texas
• Pro Bono Liaison for Winstead's Fort Worth Office
• Junior Achievement of the Chisholm Trail, Board of Directors (2012-2016)
• Fort Worth Sister Cities, Board of Directors (2014-2018)
• Carter Bloodcare Foundation, Board of Directors (2017-2020)
• Texas Supreme Court Historical Society, Board of Directors (2012-2016)
• American College of Trust and Estate Counsel, Fellow