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Attorney

J. Randal Bays

At a glance

• Licensed in Texas: May 10, 1991
• Education: J.D., South Texas College of Law (1990)
  B.S., Mathematics, University of Texas at Arlington (1984)
• Court admissions: State of Texas
  U.S. District Court for the Eastern District of Texas
  U.S. District Court for the Southern District of Texas
  U.S. District Court for the Western District of Texas
  U.S. Court of Appeals for the Fifth Circuit
  U.S. Court of Appeals for the Federal Circuit
• Practice areas: Business, commercial, construction, real estate, consumer, employment, and wills, trusts, and probate litigation; civil appeals
• Office: Conroe, Texas

Biography

Randy is a sixth generation Texan who grew up in Waco, graduating from high school in 1980 and college in 1984. Following college, he was involved in the development and manufacturing of solid rocket motors used in missile systems. Having aspired to be a lawyer since the age of seven, Randy relocated to Montgomery County in August 1988 to attend law school. After completing law school, Randy practiced with The Woodlands based firm Wetzel Herron where he participated in bet-the-company litigation.

In 2001, Randy and Kristin Bays formed Bays & Bays, a former Conroe law firm. Randy previously practiced at Bays & Bays, where they represented clients in civil disputes, mainly in the Montgomery County courthouse. Over the next 17 years, they successfully tried numerous cases. After Kristin Bays was elected judge of the 284th District Court in 2018 (took office January 2019), Randy formed The Bays Firm where he and his associates strive to provide high quality, cost effective legal services. Randy understands the need to resolve disputes promptly and efficiently, but when necessary, is not shy about letting a judge, jury, or arbitrator decide the dispute.

In his spare time Randy enjoys spending time with his family and friends, traveling to the west coast where his two youngest children work as attorneys, furniture building, riding dirt bikes, scuba diving, water skiing, home improvement projects, cooking, and TIG welding.

Notable Cases

Past results do not guarantee a similar outcome. Every case depends on its own facts and law.

• Marino v. Hartsfield, 849 S.W.2d 835 (Tex. App.—Beaumont 1993) (Ninth Court of Appeals). This case involved perfecting an appeal when the trial court records its proceedings rather than using a certified short hand reporter.
• Montgomery v. Pope.
• Gullo Motors v. Chapa, 212 S.W.3d 299 (Tex. 2006). This case advanced to the Texas Supreme Court and addresses the recovery of legal fees in Texas.
• Rimkus Consulting Group, Inc. v. Cammarata, 688 F. Supp. 2d 598 (S.D. Tex. 2010). The firm was counsel in this matter. Judge Lee Rosenthal issued a significant opinion on the destruction of electronically stored evidence.
• Outlet Works of Texas v. O’Neil.
• Stanfield v. Neubaum, 494 S.W.3d 90 (Tex. 2016). The firm handled this matter, in which the Texas Supreme Court adopted the use of a judicial error defense in a legal malpractice case.
• Endeavor Group, LLC v. Kongsberg Power Products Systems I, LLC, jury verdict in the 457th District Court (Montgomery County); affirmed, Ninth Court of Appeals, No. 09-21-00300-CV (Oct. 3, 2024, mem. op.). Client obtained judgment on jury verdict on counterclaims that it had the right to use a detention pond on neighboring land under both easement and implied dedication theories.
• Triple B Services, LLC v. City of Conroe, 457th District Court; affirmed, Ninth Court of Appeals, No. 09-21-00096-CV (2022, mem. op.). Client prevailed on its theory that governmental immunity precluded plaintiff’s claim that it was owed money because of unforeseen conditions involved in rebuilding a road.
• Hughey v. Reddico Construction Company (In re Hughey, No. 25-0463). Argued before the Texas Supreme Court in October 2026; still pending. This case is before the Texas Supreme Court on the use of a deposition transcript generated by artificial intelligence.
• Porter Equipment Holdings, LLC v. Express Helicopters, LLC.
• Collins v. Woodson’s 1488 LLC.
• Griffith v. Grand Harbor Property Owners’ Association (457th District Court, Montgomery County). After a May 2022 trial-court judgment for our client, the parties resolved the case by settlement on appeal in 2024.