Patrick A. Kelly
Associate

As a member of your team, I aim to resolve legal problems in the most practical and cost-efficient way possible. While I build up every case as if it will be put in front of a jury, I take every opportunity to negotiate a successful outcome for your business.

Patrick Kelly is a commercial litigator with experience representing clients through every stage of the dispute resolution process. While serving as first and second chair, he has successfully advocated for his clients in state, federal and bankruptcy courts across Texas. With clients in the construction, oil and gas, banking, private equity and manufacturing industries, Patrick has experience with a broad range of legal issues, including breach of contract, fraud, partnership disputes, business divorces, payment disputes, construction defects, liens, payment bond claims, adversary proceedings, the bankruptcy claims process, Chapter 11 bankruptcy issues, UCC claims and sovereign immunity.

Prior to starting his private practice, Patrick served as a law clerk in the office of the Texas Solicitor General and for the Tax Policy Subcommittee of the United States House of Representatives Committee on Ways and Means. He was also a judicial intern for The Honorable Jeffrey Manske of the United States District Court for the Western District of Texas, Waco Division.

Representative Experience
  • Successfully represented rubber vulcanization company in multi-day bench trial in bankruptcy court against individuals and entities based in Hong Kong involving failed loan transaction, fraudulent foreclosure attempt on manufacturing facility, and claims of fraud in "bet-the-company" dispute (second chair).
  • Successfully served as first chair in multi-day bench trial in state district court that defended small business owner against general contractor's breach of contract and lien foreclosure claims, obtaining take-nothing judgment and removal of lien.
  • Obtained complete summary judgment in defense of restaurant chain in state district court, dismissing entirety of plaintiff's claims in partnership dispute.
  • Successfully represented subcontractor against general contractor in American Arbitration Association proceeding, obtaining favorable award and attorneys’ fees for general contractor’s nonpayment (second chair).
  • Drafted and filed appellant's brief before Ninth Court of Appeals on behalf of excavating and utilities contractor relating to plea to jurisdiction and assertion of sovereign immunity. Triple B Services, LLP v. City of Conroe, __ S.W.3d __, 2022 WL 2720451 (Tex. App.—Beaumont July 14, 2022, pet. filed).
  • Defended and obtained favorable settlement for electrical engineering contractor in federal court case relating to claims filed by electrical subcontractor involving automobile manufacturing facility. Obtained partial dismissal of subcontractor's claims in same.
  • Represented statewide energy provider in bankruptcy avoidance action in bankruptcy court, including successful defense against actual and constructive fraudulent transfer allegations brought by litigation trustee.
  • Defended and obtained favorable settlement on behalf of bank against UCC presentment warranty claims.
  • Successfully argued motion to compel against international bank, overcoming assertions of joint-defense/common-interest privilege and obtaining attorneys' fees.
  • Obtained temporary restraining order, temporary injunction, and permanent injunction on behalf of roofing company against consulting group for unauthorized use of company's brand, image, and likeness.
  • Negotiated and obtained larger than expected payment on claims of various creditors in Chapter 11 bankruptcy proceedings.
  • Developed and implemented discovery plans in numerous complex civil litigation cases, including conducting and defending depositions, drafting e-discovery protocols, and document review strategies.
Honors
  • Named a Houstonia Magazine Top Bankruptcy and Workout Lawyer in Houston (2022)
Organizational Involvement

Professional Involvement, Memberships & Affiliations

  • State Bar of Texas
  • Houston Bar Association, Commercial Law, Construction Law and Bankruptcy Sections
  • Houston Young Lawyers Association
  • Turnaround Management Association, NextGen Member

Community Involvement, Memberships & Affiliations

  • Baker Institute for Public Policy, Roundtable Young Professionals - Programming Chair (2021 - present)
  • Maverick PAC, National Membership Committee - Committee Member (2020 - present)
Education
  • J.D., Baylor University School of Law (2019)
  • B.A., The University of Texas at Arlington (2015)
Bar Admission
  • Texas
Court Admissions
  • United States District Court, Eastern District of Texas
  • United States District Court, Northern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Western District of Texas
When I Feel Most At Home
  • Going on last minute weekend trips with my fiancé.
  • Hopelessly cheering on the Dallas Cowboys - "it's our year!"
  • Reading Candice Millard's latest book.
  • Being involved in the Houston community through various organizations.