Brian A. Kilpatrick Member

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Brian Kilpatrick is Texas-based trial and appellate lawyer with over twenty-five years of experience representing business organizations, financial institutions and individuals in commercial litigation and workout matters. Brian has first chair trial and appellate experience in state and federal courts and in arbitration.

A significant portion of Brian’s practice is dedicated to representing financial institutions in the enforcement of their rights as creditors, and in the defense of their actions as lenders, depository institutions, real estate owners, credit furnishers and trustees, in commercial, mortgage, fiduciary, and consumer litigation. Brian is also frequently called upon by financial institutions to respond to civil, criminal and administrative subpoenas, orders and levies, and is well versed in the protections afforded such institutions under Texas and federal banking law.

Brian represents clients in a variety of industries, including financial services, real estate, insurance, investment services, energy, transportation, retail, pharmaceutical and debt collection.

Brian relishes every opportunity to go into the courtroom and present a client’s case to a judge or jury, and he has successfully done so many times. Brian recognizes, though, that oftentimes it is in a client’s best interest to resolve a case outside of the courthouse and he has skillfully negotiated many favorable settlements for clients in both formal mediations and informal settlement conferences.

Before joining Condon Tobin, Brian was a partner in a top AmLaw firm.

Lead counsel defending national bank before American Arbitration Association panel resulting in complete denial of customer’s four-million-dollar lender liability claim and award of multi-million-dollar verdict in favor of bank client.

Lead counsel defending national bank in a real estate dispute at trial in state district court and on appeal resulting in complete win for bank and award of bank’s attorney’s fees counterclaim.

Lead counsel representing public corporation at trial in commercial lease dispute against tenant corporation’s shareholders, resulting in jury verdict and judgment for client based on theories of piercing the corporate veil.

Won summary judgment as lead counsel for bank client in lawsuit arising from significant embezzlement by customer’s employee utilizing forged check scheme.

Won dismissal of class action lawsuit brought in federal court against national bank client, alleging that thousands of loans were void under Texas constitutional lending restrictions.

Obtained permanent injunction against competitor of international mobile communications client in a trademark dispute alleging that the defendant competitor had misappropriated its intellectual property rights.

Lead counsel for clients in dozens of matters involving subpoenas, court orders, writs and levies, including preparation of witnesses and production of records.

2024 Best Lawyers in America:  Litigation – Real Estate
AV Preeminent® rating in Martindale-Hubbell®
Texas Rising Star (Thomson Reuters) (2006-2007)
Pro Bono College of State Bar of Texas
Dallas Bar Foundation Life Fellow
Texas Bar Foundation Fellow

Leadership Dallas (Greater Dallas Chamber) (2001-2002)
Leadership Arts (Business Council for the Arts) (2001-2002)
Texas Association of Bank Counsel
Mentor – Dallas Transition to Law Program
Habitat for Humanity – Firm Coordinator for “Buildable Hours”
Big Brothers Big Sisters – Board Member and “Big” (2001-2006)
Dallas Summer Musicals – Board Member (2002-2014)
TITAS – Board Member (2002-2004)
All Pro Dad’s Team Captain – Sunnyvale Middle School
Youth Baseball Coach (2009-2020)

Presenter at 41st Texas Banker Association Conference
Author of “E-Mail Discovery and Privilege,” published in South Texas College of Law’s Corporate Counsel Review and The Advocates’ Quarterly of Canada

State Bar of Texas
United States Courts of Appeals for the Federal, Fifth and Seventh Circuits
United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas, and the Central District of Illinois
United States Bankruptcy Courts for the Northern and Eastern Districts of Texas

Juris Doctor, Baylor University School of Law (1992)
Bachelor of Arts, with honors, Austin College (1989)