R. Thomas Avery


P: 314.505.5404

F: 314.505.5405

E: avery@capessokol.com


Tried fraudulent conveyance action and obtained $2.3 million judgment in clients' favor (including $1.5 million in punitive damages).


Defended borrower and guarantors on promissory notes and guarantees and obtained judgment in favor spouse guarantor under Reg. B of the ECOA, avoiding liability for over $3 million.

Experience at Work

Thom represents corporate entities and individuals in a wide variety of complex commercial litigation matters, including contract disputes, lender liability, construction defect claims, mechanic’s liens and other commercial disputes.

Thom has earned a national reputation in the field of lender liability. During his career, he has obtained judgments and settlements on behalf of his clients for lender liability, judgments voiding guarantees, and negotiated favorable work-outs.

Thom has considerable experience representing and advising companies and real estate developers in business-related disputes involving banks and other financial institutions. In addition, Thom has also represented national general contractors, builders, and designers in dispute resolution, arbitration, and litigation relating to construction defect claims, contract dispute and mechanics’ liens.

  • The Best Lawyers in America® | Commercial Litigation; Litigation – Construction, St. Louis (2023 – Present)
  • Milton F. Napier Award for Excellence in Trial Advocacy—The Lawyers Association of St. Louis
  • AV Rating (highest) from Martindale-Hubbell

Educational Background

  • J.D., Washington University School of Law (1994)
  • B.A., New Mexico State University, with honors (1990)

Published Decisions

  • Fisher v. 10451 Manchester, Inc., 204 S.W.3d 696 (Mo. App. E.D. 2006)
  • Ram Financial, LLC v. Americon, LLC, 487 S.W.3d 491 (Mo. App. E.D. 2016)
  • Fox Plumbing Supply, Inc. v. Kootman, 955 S.W.2d 220 (Mo. App. E.D. 1997)
  • 8000 Maryland, LLC v. Huntleigh Financial Services Inc., 292 S.W.3d 439 (Mo. App. E.D. 2009)
  • Frontenac Bank v. T.R. Hughes, Inc., 404 S.W.3d 272 (Mo. App. E.D. 2012)
  • Doe v. TCI Cablevision, 110 S.W.3d 363 (Mo. 2003)

Speaking Engagements

  • Facts and Friction: Straight Talk about when Projects Go Sideways. Construction Specifications Institute | Greater St. Louis Chapter. St. Louis, MO. (2022)

Firm Programs

Firm Insights

Bar & Court Admissions

  • Missouri
  • Illinois
  • U.S. District Courts
    • Eastern District of Missouri
    • Southern District of Illinois

Current Leadership Positions

  • Central Presbyterian Church | Member
  • Westminster Christian Academy | Board of Directors

Past Leadership Positions

  • Central Christian School Board | Board of Directors
  • St. Louis County Jail – Volunteer Program | Participant

Civic & Community

  • Westminster Christian Academy
  • Central Presbyterian Church

Let's Work Together

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R. Thomas Avery’s Insights

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