email: kelly.walker@tbjbs.com
Experience
Kelly Walker has a passion for the law and a committed dedication to representing her clients successfully in the pre-trial phase of litigation as well as in both the courtroom and in an appellate setting. Skilled at finding creative solutions to legal problems, Kelly uses her extensive background in advocacy to fashion persuasive arguments to convince a judge, a jury or a mediator of her position and to advance the client's legal rights while at the same time being sensitive to the client's litigation goals. With a natural curiosity about the law and its theoretical underpinnings, Kelly builds on that base to turn the "hows and whys" of a lawsuit into successful results for her clients in a wide range of commercial, banking, insurance, business, trust and estate litigation, personal injury, premises liability, corporate, fiduciary, real estate and public law litigation.
Areas of Practice
Civil Litigation
Business Litigation
Commercial Litigation
Environmental Litigation
Insurance Defense
Public Law
Personal Injury Defense
Trusts and Estates
Recent Litigation Accomplishments
Commercial Litigation
Litigation of partnership matters, breach of contract, fraud, conversion, conspiracy, breach of fiduciary duty, tortious interference with contract, breach of non-compete agreements, and receiverships
Representation of various business entities including corporations and partnerships as well as their respective members and partners
Insurance
Represent major national insurance companies as well as local carriers related to various insurance policies and liability related thereto
Litigation of premise liability, defamation, negligence, wrongful imprisonment, and other tort causes of action
Banking/Mortgage
Representation of banks, mortgage companies, and servicing agents by pursuing and defending various claims in state and federal litigation
Litigation experience with evictions, real estate wrongful foreclosure, re-sale and refinancing agreements on foreclosure actions and breach of contract claims
Real Estate
Representation of real estate property owners, brokers, investors, property management companies, landlords, tenants, and construction companies in various real estate matters in Texas
Litigation of real estate fraud, breach of contract, and DTPA causes of action in residential and commercial real estate litigation
Public Law
Assisted major urban school district in recovery of attorney fees in desegregation litigation which resulted in favorable outcome for school district
Analyzed use of municipal hotel/motel occupancy tax funds to be applied to various community civic and sporting events
Environmental Law
Representation of landlords and tenants in litigation concerning the disposal of toxic and hazardous materials and the resulting damages
Work with Texas Commission on Environmental Quality (TCEQ) regarding issues relating to the remediation of damaged property
Representative Clients
Fireman's Fund Insurance Companies
Philadelphia Insurance Companies
Western World Insurance Group
Trek Bicyle Corporation
Professional Affiliations
Certified as Attorney Ad Litem in State of Texas; 2002 - present;
Dallas Bar Association - Business Litigation Section; Estate, Trust and Probate Section;
Dallas Association of Young Lawyers;
American Bar Association;
Association of Trial Lawyers of America;
Texas Young Lawyers Association;
State Bar of Texas.
Education
SMU Dedman School of Law, May 2002: National Order of Barristers, ATLA Mock Trial Team, Semi-Finalist, Board of Advocates - Master Level Award, Howie & Sweeney Moot Court Competition-Finalist and Best Brief, National Criminal Procedure Moot Court Team-Quarter-Finalist; National Mock Trial Team; SMU Mock Trial Competition, Finalist.
Trinity University: Bachelor of Arts, May 1999; Dual Major: Communications and Political Science; Deans List, Honor Roll, Leadership Council; Law and Government semester in Washington, D.C. at American University.
Admitted
State Bar of Texas, 2002.
U. S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas.
U. S. Fifth Court of Appeals.
Successful Verdicts
Solo jury trial: 68th Judicial District Court, Dallas County: Rep. Plaintiff in case involving fraud, real estate fraud, breach of contract; Plaintiff's verdict for $200,000 in damages, exemplary damages and attorneys fees; Handled case solo from initial DTPA letter through judgment. Solo jury trial: The Probate Court, Dallas County; Rep. Defendant in contested guardianship involving capacity and asset allocation; Obtained directed verdict after four days of trial testimony; Award of attorneys fees and costs pending. Solo bench trial: County Court at Law No. 1, Dallas County; Rep. Plaintiff in case involving breach of a mineral lease agreement; Plaintiff's verdict for $100,000 in damages and attorneys fees; Handled case solo from filing of petition through judgment. Solo bench trial: County Court at Law No. 2, Denton County; Rep. Defendant in case involving claims of conversion, conspiracy and breach of commercial lease agreement; Defendant's verdict plus award of attorneys fees. Solo bench trial: Justice of Peace Court, Dallas County; Rep. Defendant construction company against breach of contract claim; Defendant's verdict plus award of attorneys fees. Solo bench trial: Justice of Peace Court, Dallas County; Rep. Plaintiff landlord in breach of lease agreement and FED action; Plaintiff's verdict for damages, attorneys fees and eviction of tenant. Solo bench trial: Justice of Peace Court, Dallas County; Rep. Defendant real estate partnership and management company for breach of contract; Limited plaintiff's recovery to a fraction of the damages sought. Solo bench injunction hearing: 191st Judicial District Court, Dallas County; Rep. Defendant individual in injunctive proceeding for slander and conversion; Defeated TRO and injunction; obtained sanctions against plaintiff for filing. First chair injunction hearing: 160th Judicial District Court of Dallas County; Rep. Plaintiff for conversion, constructive trust, breach of fiduciary duty, fraud; TRO granted; Injunction entered against Defendant to prevent transfer of assets. Second chair bench trial: District Court, Hill County; Rep. Plaintiff in injunction action involving real estate fraud, breach of contract, and conspiracy in $4 million business deal; Obtained injunctive relief and settled at mediation favorably for client. Second chair bench trial: 160th Judicial District Court, Dallas County; Rep. multiple defendant partnerships against TRO and injunction involving claims of breach of partnership agreement and breach of fiduciary duty; Case resolved at mediation with buy/sell agreement for $10 million in partnership shares. Second chair bench trial: Probate Court No. 3, Dallas County; Rep. Contestant in case involving breach of fiduciary duty claims and partition of real estate Contestant's verdict for damages and removal of executor; affirmed on appeal. Second chair bench trial: 141st Judicial District Court, Tarrant County; Rep. Defendant lending institution in case involving constructive trust and breach of contract; Plaintiff's verdict but no award of damages.
Honors & Awards
National Order of Barristers;
ATLA Mock Trial Team, Semi-Finalist;
Board of Advocates - Master Level Award;
Howie & Sweeney Moot Court Competition, Finalist and Best Brief;
National Criminal Procedure Moot Court Team, Quarter-Finalist;
National Mock Trial Team;
SMU Mock Trial Competition, Finalist;
Top 10 individual oral advocates graduating from the SMU Dedman School of Law in 2002.
Fraternity Affiliation
Phi Alpha Delta