Capell & Howard P.C. Attorneys At Law Montgomery & Auburn/Opelika, AL

Barbara J. Wells


(334) 241-8016


Barbara Wells handles lead-counsel responsibility for large or complex cases from pretrial through appeal. She repeatedly obtains favorable rulings on key motions and draws upon years of experience attained at the side of local federal judges to help clients formulate strategies for successful resolution of litigation. She practices in both federal courts and in state courts. She also handles matters before administrative law judges and commissions.

In addition to her litigation practice, Barbara also serves as an advisor to clients. She assists with formulating employee handbook policies and personnel policies. Barbara suggests approaches that both serve client goals and minimize litigation. She also conducts workplace investigations.

In 2017, Barbara completed mediator training and has since mediated a number of cases. She enjoys the challenge of finding creative solutions to resolve disputes.


J.D., cum laude, University of Michigan Law School, 1993

A.B., with distinction, University of Michigan, 1989

Bar Admissions

Alabama, 1995

Illinois, 1994

Admitted To Practice

Supreme Court of Alabama

Supreme Court of Illinois

U.S. District Courts for the Northern, Middle, and Southern Districts of Alabama

U.S. District Court for the Northern District of Illinois

U.S. Court of Appeals for the Eleventh Circuit


Judicial Clerkship

U.S. District Court Judge W. Harold Albritton, III (Aug. 1994 – Aug. 1995)

U.S. District Court Judge Mark E. Fuller (Dec. 2002 – Oct. 2011)

Honors and Awards

The Best Lawyers in America – Labor & Employment Litigation; Employment Law – Management; Employment Law – Individuals

Best Lawyers – Montgomery Labor & Employment Litigation Lawyer of the Year, 2016, 2017, 2020, 2021

Best Lawyers – Woman Lawyer of the Year, 2016

Super Lawyers – Employment & Labor

Martindale-Hubbell AV Preeminent Rating Award

Boy Scouts of America District Award of Merit, Tukabatchee Area Council Silver Beaver Award

Carl Gussin Memorial Prize (Outstanding Clinical Student)

Campbell Moot Court Competition Quarter and Semi-Finalist

Best Oralist Award

Publications and Lectures

“Same Sex and the City: What the Municipal Employer Needs to Know about the Supreme Court’s Ruling on Same-Sex Marriage”, Sept. 2015 Alabama Municipal Journal, Vol. 73, Number 2

Numerous speaking engagements on topics such as employment law, federal practice, and Alabama’s Medical Cannabis Law

Memberships, Affiliations, and Activities

American Inns of Court, Hugh Maddox Chapter, Master Bencher

Montgomery Education Foundation, Advisory Board Member

Boy Scouts of America, Merit Badge Instructor, Troop Advancement Chair, Explorer Post Leader

Ecunchatee District Friends of Scouting Campaign Chair (2014-15)

Leadership Montgomery Legacy Program, Graduate, Class XXXII

Women In Training, Board President (2019-20)

Significant Recent Decisions

Recent Trials:

Pullin v. Alabama Law Enforcement Agency and John “Hal” Taylor, in his Official Capacity as the Secretary of ALEA, obtained defense verdict after a two-day bench trial in the Circuit Court for Montgomery County, AL (2021)

Mercer v. ALDOT, obtained defense verdict after a four-day jury trial in the U.S. District Court for the N.D. Ala (2019)

Perry v. Alabama ABC Board, obtained defense verdict after a four-day jury trial in the U.S. District Court for the M.D. Ala (2017)

Representative Cases:

Abrams, et al.  v. Stroudet al., (M.D. Ala.) – Securities Fraud

Bailey v. DAS North America, (M.D. Ala.) – Employment

Chaney v. DAS North America, (M.D. Ala.) – Employment

Constructions Materials, Inc. v. Christopher Hatcher, (M.D. Ala.) – Non-Compete Agreement Litigation

Crum, et al. v. State of Alabama, (M.D. Ala.) – Employment class action

Duncan v. State of Alabama, (M.D. Ala. & 11th Cir.) – Employment

Flute v. Alabama Bureau of Pardons & Paroles, (N.D. Ala.) – Employment

Grant v. Office of the Attorney Generalet al., (M.D. Ala.) – Employment

Green v. Alabama Board of Medical Examiners, et al., (M.D. Ala.) – Constitutional Litigation

Green v. Graham, (M.D. Ala. & 11th Cir.) – Constitutional Litigation

Green v. Mobis Alabama, LLC et al., (M.D. Ala.) – Employment

Hollon v. DAS North America, (M.D. Ala.) – Employment

IMO US Development LLC v. Triple C Development Inc., (N.D. Ala.) – Business Litigation

Iverson v. City of Montgomery, (M.D. Ala.) – Constitutional Litigation

Leach v. Guardian Credit Union, (M.D. Ala.) – Employment

Leberman v. Alabama Board of Pardons & Paroles, et al., (M.D. Ala.) – Employment

McDade v. Alabama Dep’t of Transportation, (M.D. Ala.) – Employment

McDill v. Alabama Board of Pardons & Paroles, et al., (M.D. Ala.) – Employment

Mercer v. Alabama Dep’t of Transportation (N.D. Ala.) – Employment

McKitt v. Alabama Alcoholic Beverage Control Bd., (M.D. Ala. & 11th Cir.) – Employment

Perry, et al. Alabama Alcoholic Beverage Control Bd., (M.D. Ala. & 11th Cir.) – Employment

Powell v. Doane, (M.D. Ala.) – Constitutional Litigation

Pullin v. ALEA, et al., (Montgomery Cir. Court) – Employment

Smith v. Alabama Office of Attorney General, et al., (M.D. Ala. & 11th Cir.) – Employment

CoachComm, LLC v. Westcom Wirelss, Inc., (M.D. Ala.) – Intellectual Property Litigation

Other Professional Experience


Adjunct Professor of Law

Contact Information

150 South Perry Street
Montgomery, Alabama 36104

p: (334) 241-8016

f: (334) 323-8888  | vCard

Legal Assistant

Gina Nix

p: (334) 241-8004

f: (334) 323-8888