Between 1955, upon becoming licensed to practice law, and 2011, Mr. Bankston tried hundreds of jury trials. A member of the State Bar of Texas for sixty-two years, he served as counsel or lead counsel in over fifty reported decisions of Texas appellate courts, including decisions by the Texas Supreme Court that impact Texas law today.
In one of his cases, the Texas Supreme Court made new law by holding that courts have no power to divide partnership assets in a divorce, but must instead award only an interest in the partnership itself.
In a second case, the Texas Supreme Court changed the law by holding that the statute of limitations in a legal malpractice case does not begin to run until the client discovers or should have discovered the malpractice.
Widely respected as a charming but fierce courtroom opponent, Mr. Bankston litigated one of the most complex fraud schemes in Texas history – resulting in a tidal wave of competing claims against Billy Sol Estes, a notorious con-artist who sold nonexistent ammonia tanks to hundreds of Texas farmers, sight unseen.
When word spread of Mr. Bankston’s keen ability to outwit even the most hostile witness, he was called upon to represent national companies in high profile commercial litigation, oil and gas suits, and title disputes.
Despite his many successes, he never shied away from helping ordinary people when justice required it, often working for free of charge in family law cases and contract disputes.
Often, he was observed sporting a characteristic seersucker suit during jury selection. One of his favorite ploys was to observe an opposing witness placing notes or documents in a shirt or coat pocket before testifying. When the witness was called to testify, Mr. Bankston would invariably ask, “Good morning. Whatcha got in your pocket?”
In another case in which a judge mistakenly ruled against his client, a bystander asked Mr. Bankston, “What was on the judge’s mind when he ruled against you?” With a twinkle in his eye, Mr. Bankston replied, “Nothing.”
Milton L. Bankston was born in Port Arthur, Texas. He graduated as valedictorian from Port Arthur High School, where he had played on the 1944 state championship football team. When he turned 16, he insisted on joining the Navy, obtaining permission from his parents to do so. He later enrolled as an undergraduate at the University of Texas, but was called to duty again at the start of the Korean War. He was commissioned a Second Lieutenant in the U. S. Army Corps of Engineers. After being honorably discharged, Mr. Bankston attended law school at the University of Texas and earned his law degree in 1956. He then moved to Midland, Texas, where he became a partner in the firm of Stubbeman, McCrae, Sealy, Laughlin and Browder.
Marrying the love of his life and sweetheart, Carole Brennan, the Bankston family relocated to open his Midland firm’s office in Austin. Mr. Bankston founded and was a name partner in Bankston, Wright and Greenhill, and later founded and became a name partner in Maroney, Crowley, Bankston, Richardson, and Hull. The firm continued to practice as Bankston and Richardson until Mr. Bankston retired in 2011.
Mr. Bankston was a Fellow of the American College of Trial Lawyers, Advocate of the American Board of Trial Advocates, and active member and former officer of the Texas Association of Defense Counsel. He was one of Texas’ most distinguished trial lawyers for more than six decades.
Mr. Bankston was a dedicated gardener, fisherman, and hunter. He enjoyed “putting up” his garden vegetables, fish fillets, and venison in his freezer. The golfers on the 11th tee box at Balcones Country Club frequently saw him at his barbeque pit smoking or grilling for a party.
He leaves his dear wife of fifty years, Carole Bankston of Austin; his brother Charles Bankston and spouse Leilia of Bryan; his sons Parker Bankston of Austin, and Bonner Bankston of Oklahoma City; Brennan Bankston and spouse Sherri Whitmarsh of Austin; his daughters Mary Ann Bankston of Kerrville, and Lacy Hudson and spouse Steve Hudson of Austin; and grandchildren Joseph Horak, Traci Williams, Bonner Bankston, Marshall Bankston, Caitlin Hudson, and Mackenzie Hudson; and many great-grandchildren.
The family extends its sincere thanks to the staffs at Arden Courts and Kindred Hospice Care for their invaluable support and loving care given to Mr. Bankston.
The family requests your presence at a memorial service for Mr. Bankston on Saturday, July 8th, at 2:00 PM at St. Luke’s on the Lake Episcopal Church followed by a celebration of his life at 4:00 PM at Balcones Country Club. The family has also requested that memorial donations be made to the Balcones Country Club Women’s Association Scholarship Foundation, Alzheimer’s Texas, or the Arden Courts team for the 2017 Walk to End Alzheimer’s.
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