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Emily Fitzgerald focuses her practice on appellate law and commercial litigation. Emily has represented a variety of clients at the U.S. Supreme Court, Texas Supreme Court, and numerous Texas Courts of Appeals. She also has experience in mandamus proceedings and amicus practice.

Emily collaborates with trial teams throughout all stages of litigation by preparing dispositive motions, motions in limine, jury charges, judgments, and consulting on error preservation for potential appellate issues. Additionally, she maintains a trial docket focused on commercial disputes and oil and gas matters involving, among other things, lease termination litigation, royalty disputes, and title actions.

Recognized as a “Recommended Litigation Firm” in Texas in Benchmark: Litigation, The Definitive Guide to America's Leading Firms and Attorneys

Received a national first-tier ranking for Commercial Litigation in U.S. News - Best Lawyers® “Best Law Firms” 2020

Representative Matters

  • Successfully received opinion from the Fort Worth Court of Appeals in which the Court held the client’s due process rights were violated when the trial court entered final judgment without sufficient notice of the dispositive hearing. The Court reversed the trial court’s divorce decree and remanded for further proceedings.

Prior Employment

  • Judicial Clerk for the Honorable Lavenski Smith, Chief Judge, United States Court of Appeals for the Eighth Circuit, 2016-2017
  • Judicial Clerk for the Honorable Jeffrey S. Boyd, Supreme Court of Texas, 2015-2016; Judicial Intern, 2013
  • Summer Law Clerk, Commissioner Ajit Pai, Federal Communications Commission, 2014

Honors & Affiliations


  • One to Watch, The Best Lawyers in America® by Woodward/White Inc. (Appellate Practice, Commercial Litigation), 2021


  • Member, State Bar of Texas

Education & Admissions


  • J.D., 2015, The University of Texas School of Law; Editor in Chief, The Review of Litigation; Co-President, Women’s Law Caucus; Supreme Court Clinic; Clinical Legal Education Association Outstanding Student Award; Pro Bono Program Honors Graduate
  • B.A., 2012, magna cum laude, University of Arkansas; Alpha Omicron Pi; Associated Student Government; Graduating Student Leader Award


  • Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Supreme Court

Thompson & Knightis now part of
Holland & Knight

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