Mark Robert Caldwell

Mark entered private practice as a litigator in a boutique probate and trust firm, representing executors, guardians, and beneficiaries in complex estate and trust litigation. He has also represented fiduciaries in all phases of estate, trust, and guardianship administration. Mark enjoys the investigatory aspects of estate and trust litigation, including reviewing and analyzing medical, financial, and suspicious property records and transactions. Mark is committed to developing and maintaining strong, personal relationships with clients. He endeavors to offer smart, pragmatic and cost-effective legal advice. Mark believes that the strongest winning position is one that is simple, direct, and understandable and he realizes that estate and guardianship litigation often involves substantial damage to family relationships. While he strives to advocate strong, aggressive positions for clients, Mark also strives to resolve disputes in an ethical and reasonable manner that, if desired, does not preclude the opportunity for reconciliation.

• Obtained favorable jury verdict in a guardianship case involving an elderly ward.
• Successfully defeated claim that will was executed without testamentary capacity on summary judgment.
• Obtained temporary injunctions and temporary guardianships in cases involving the abuse of a power of attorney.
• Obtained partial summary judgment against Trustee for breach of fiduciary duty.
• Represents guardians, executors, and administrators in all phases of guardianship and estate administration.
• Routinely serves as attorney ad-litem and guardian ad-litem in guardianship cases.

• Winning the Battle and the War; A Remedies—Centered Approach to Litigation Involving Durable Powers of Attorney; 64 Bay. L. Rev. 435 (Spring 2012).
• Author/Speaker:  “An Introduction to Guardianships” – Texas Department of Assistive & Rehabilitative Services (DARS), Dallas, Texas (Fall 2010; Spring 2011).
• Co-authored and presented article, “Proof of Facts and Common Evidentiary Problems Encountered in Contested Probate Proceedings,” at the Seventh Probate Litigation Seminar, sponsored by the Tarrant County Probate Bar Association (September 2010).
• A Good Deed Repaid:  Awarding Attorney’s Fees in Contested Guardianship Proceedings; 51 S. Tex. L. Rev. 439 (Winter 2009).

• Board of Directors, City of Sachse Economic Development Corporation
• Member, Charter Review Commission, City of Sachse (2012-2013)
• Dallas Bar Association; Probate and Trust Section Member; Trial Skills Section Member
• Dallas Association of Young Lawyers; Elder Law Section Member
• Board of Directors, St. Thomas More Society
• Dallas Bar Mentor Program; Participated as Mentee; Mentor, Edward V. Smith III
• Organized and leads an ongoing monthly probate study group featuring prominent guest speakers and court staff

• General Course, The London School of Economics, London, England (2001-2002)
• B.A., Southern Methodist University, Dallas, Texas (2002)
• J.D., New England Law | Boston, Boston, Massachusetts (2005)