E.D. Tex.

Who is Texas Attorney Alfonso Kennard Jr and Why Are Citizens Incensed with the Fonz and the Texas Bar?

On Sunday, 13 December, 2020 LIT receives this contact inquiry form with attachments from “anonymous” but concerned citizen about Texas lawyer Alfonso Kennard Jr.

LIT UPDATE APR 27, 2021

Three months later, still a shining green light on the Fonz’s Texas Bar profile…

LIT UPDATE JAN 29, 2021

Minnesota find “the Fonz”, Texas attorney Alfonso Kennard Jr., guilty of the Unauthorized Practice of Law by repeatedly representing his firm ‘pro se’, which he obviously cannot do and despite several warnings continued to self-represent in the case. The Minnesota Bar explain that they have issued a 30-day suspension as Texas has a ‘reciprocal discipline’ standard (see orders below in a summary pdf) and are assuming that Texas will follow up with the suspension and apply in Texas also.

The anonymous user who sent this information to LIT, sent the following message with the Minnesota opinions and orders;

Alfonso Kennard Jr. has been found guilty of practicing law without a license in a Minnesota State Court.

Minnesota Appellate Court; Case: A20-1247

In re Petition for Disciplinary Action against Alfonso Kennard, Jr., a Non-Minnesota Attorney.

The Minnesota court also recommended reciprocal discipline in Kennard’s home State of Texas.

The Texas State Bar has enabled Kennard by dismissing multiple grievances despite verifiable evidence. This is another reason the Texas State Bar should be dismantled, not allowed to self-govern/regulate, and shroud itself in secrecy.

EXTRACT FROM MN BAR (“DIRECTOR”) OPINION AND RECOMMENDATION OF SUSPENSION, AFFIRMED BY SUPREME COURT OF MINNESOTA

The Director of the Office of Lawyers Professional Responsibility (Director) recommends that the Court suspend respondent Alfonso Kennard for a minimum of 30 days for engaging in the unauthorized practice of law on numerous occasions and failing to cooperate with the Director’s investigation into the matter, in violation of Rules 5.5(a) and 8.1(b), Minnesota Rules of Professional Conduct (MRPC).

All the Factors Taken Together, the Director Believes a 30-Day Suspension  is Appropriate.

The Director acknowledges that this case presents a unique circumstance for the Court, as respondent is not licensed to practice in Minnesota and therefore, any discipline imposed in the form of a suspension, is more symbolic than usual. The Director nonetheless believes a 30-day suspension is warranted. The case precedent supports that the misconduct at issue—multiple instances of engaging in the unauthorized practice of law plus failure to cooperate—warrants a suspension, rather than a public reprimand.

While a 30-day suspension may not impact respondent’s legal practice, as he already is not licensed in Minnesota, it correctly reflects the appropriate level of discipline imposed for the misconduct in this case in light of the Court’s case law. This is important because should respondent’s home state pursue reciprocal discipline, the level of discipline imposed by the Court where the misconduct occurred would be relevant.

CONCLUSION

The nature and cumulative weight of respondent’s misconduct and the harm to the public and the legal profession, and the absence of any proven mitigating factors, warrant a minimum 30-day suspension.

LIT COMMENTARY

On Sunday, 3rd January, 2021, we received the following email and attachments from anonymous advising:

We’ve filed another grievance against Attorney Alfonso Kennard Jr.

We cc’d several investigative reporters on the correspondence.

The Texas State Bar is well aware of Kennard’s violations of the Texas State Bar Rules of Professional Conduct; however, they dismiss grievances.

Texas State Bar Attorney Eric Hsu and Assistant Chief Disciplinary Counsel Attorney Melisa Jordan‘s name often appears on the dismissal letters.

alfonsokennardjrheadshotbw

Subject: Texas Attorney Alfonso Kennard Jr.

On Sunday, 13 December, 2020 LIT receives this contact inquiry form with attachments from “anonymous” but concerned citizen about Texas lawyer Alfonso Kennard Jr. Here’s what was stated.

KENNARDLAW.COM

ALFONSO KENNARD, JR., is a nationally recognized attorney and trial lawyer and the founding Shareholder of Kennard Law P.C. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, and spent nearly a decade in large national law firms before starting this Firm to help employees. Mr. Kennard services each of the Firm’s offices throughout the State and Washington D.C.

Mr. Kennard:

• Assists executives, managers, public and private sector employees, and individuals with their employment law related claims
• Assists small businesses to stay in compliance with Federal and state laws, advises clients on how to avoid litigation, and helps smaller and medium sized business protect and assert their legal rights
• Represents individuals and small business owners through the litigation process in both state and federal courts
• Handles litigation dealing with employment discrimination, wage and hour issues, and compliance with non-competes and the protection of trade secrets through non-disclosure agreements
• Mr. Kennard has received multiple favorable results and verdicts for his clients in both bench and jury trials as a first-chair trial attorney and lead counsel
• Mr. Kennard regularly defeats large corporations and their vast networks of attorneys in significant employment and civil trial matters
• Mr. Kennard has shaped and created law through success in appeals courts and trial court decisions

Mr. Kennard is a Past President of the Notre Dame Alumni Association in Houston and is also a Commissioner for the City of Houston Contract Compliance Commission as an appointee of Mayor Bill White. Mr. Kennard also serves on the Board of Directors for the St. Mary’s University School of Law Alumni Association and mentors business leaders at Stanford University’s LBAN program at the Graduate School of Business.

Mr. Kennard received his Business Degree in Marketing from the University of Notre Dame, home of the Fighting Irish. While at Notre Dame, Alfonso served as the President of the Class of 1999. While attending law school at St. Mary’s University, Mr. Kennard served as the Student Body President and received the Outstanding Law Student Award.

Mr. Kennard is fluent in Spanish and can assist clients accordingly.

In 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017 Mr. Kennard was named a “Rising Star” in Texas Super Lawyers magazine. In 2018, 2019, and 2020, Mr. Kennard was named a Texas Super Lawyer. Super Lawyers recognition is a Thomson Reuters service. Less than 1% of all lawyers receive this distinction. As a national employment law expert, Mr. Kennard is regularly invited to speak at conferences and seminars all over Texas and the United States on Employment Law matters, and is frequently asked to give interviews on television, radio and for national publications regarding employment law.

Areas of Practice

  • 100% Labor and Employment
  • Civil Rights Law

Certified Legal Specialties

  • Labor and Employment Law, Texas Board of Legal Specialization
  • Civil Litigation

Bar Admissions

  • Texas
  • U.S. District Court Western District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. Court of Appeals 5th Circuit

Education

  • St. Mary’s University School of Law, San Antonio, Texas
    • J.D. – 2002
    • Honors: Student Body President
    • Honors: Sole Recipient, Outstanding Law Student Award
    • Honors: 2002 Moot Court Competition Winner and Best Brief award winner
    • Honors: Board Of Directors, Texas Young Lawyers’ Association
  • University of Notre Dame
    • B.B.A. – 1999
    • Honors: President of the Class of 1999
    • Major: Marketing

Honors and Awards

  • Super Lawyer
  • “Rising Star”, Texas Super Lawyers Magazine, 2010 – 2017
  • Legal Leader by Martindale, 2012 – 2018
  • Houston Modern Luxury Magazine—Named the sole Labor & Employment Law Power Lawyer for Houston in 2015 and 2016
  • HTX Magazine Best Employment Lawyers, 2014 – 2018
  • Elite Attorney SA Magazine—Best Employment Lawyer
  • SA Scene Best Lawyer for Labor & Employment Law, 2012 – 2018
  • AVVO Rated—10 stars (perfect rating)
  • Million Dollar Advocates Forum
  • Texas Lawyer Magazine’s Top Appellate Lawyer

Professional Associations and Memberships

  • Notre Dame Alumni Association, Past President
  • St. Mary’s University School of Law Alumni Association, Board of Directors
  • HISBA, Board of Directors
  • City of Houston Contract Compliance Commission, Commissioner
  • Vice-Chair, Houston Bar Association Labor & Employment Section
  • Stanford University LBAN Mentor for Entrepreneurship, Graduate School of Business

Languages

  • Spanish

TEXAS BAR PROFILE FOR KENNARD

I am working with several former clients of Alfonso Kennard Jr. Kennard has ripped so many of us off.

Kennard was one of the few law firms that receive a PPP loan in the amount of $150,000.00.

While other well-deserving businesses received nothing.

Kennard was found guilty of DWI in Harris County District Court 2018.

Kennard is three years delinquent in Harris County Property Tax. (Payment arrangements made with Linebarger.)

Kennard has a UCC lien filed against him.

Kennard has a $103,000.00 IRS lien filed against him in Fort Bend County.

Kennard has several unpaid tolls in Fort Bend County. (Payment Arrangements made with Linebarger).

Kennard has over $400,000.00 in Judgements, Sanctions, and Liens filed against him.

Kennard has had several grievances filed against him by former clients.

We paid him thousands in retainers and fees. In return, Kennard was negligent and performed negligible work.

Kennard will withdraw from cases, refuse to relinquish financial interest, and several former clients stated Kennard has requested cash payments before he would relinquish interest.

The Texas State Bar is aware but they do nothing.

I believe the motive for Kennard’s behavior is Alcohol Abuse and massive debts. Kennard should not be allowed to continue practicing law.

The Texas State Bar is aware.

We have reported Kennard to the Texas AG, Harris County DA, and the FBI.

Judges have awarded monetary sanctions against Kennard for abuse of discovery. (See The Document Group v. Kennard Law PC)

LIT Disclaimer: we also found much of the same information has recently been posted online.

Several attorneys have accused Kennard of filing false documents in court with verifiable proof. See;

Uptime Systems v. Kennard Law PC;

Clifford, Judith v. Kennard Law PC;

Bucci v. MD Anderson 4:19-CV-01651

Kennard was ineligible to practice law in Texas from 7-1-2020 through 7-23-2020; however, he continued to file petitions, motions, etc.

Kennard practiced law in Minnesota without a license for over a year.

The Minnesota State Bar is in the middle of disciplining him.

The Texas State Bar is aware.

They will do nothing.

Judge Likely To Send Atty Malpractice Claim To Arbitration

Law360 (August 20, 2020)

A Texas state court judge on Thursday signaled an intent to send to arbitration a legal malpractice dispute stemming from an allegedly botched workplace retaliation claim, noting the attorney representing the aggrieved former client failed to file a response fighting the request.

No attorney representing plaintiff Judith Clifford appeared at a Zoom hearing Thursday morning to argue against the motion filed by attorney Alfonso Kennard Jr. and his law firm Kennard Law PC.

A message left with Clifford’s counsel, Jim L. Culpepper of Jim L. Culpepper & Associates PC, was not returned Thursday.

Clifford filed suit against the firm and Kennard in Harris County District Court in January, alleging he negligently handled her Occupational Safety and Health Administration claim by missing a filing deadline, resulting in an administrative law judge tossing the claim.

Clifford alleged she was fired from her role as a regulatory supervisor with ConocoPhillips in retaliation for authoring a report that the company was violating the Federal Water Pollution Control Act.

Kennard told Law360 on Thursday he was surprised when he was sued by Clifford, whom he had represented for two years in the OSHA matter, because the issue of her effective date of termination — and subsequently when the deadline was to file a complaint with OSHA — was a fact issue in dispute from the day he was hired, he said.

According to Clifford’s lawsuit, she was fired on April 7, 2016, via a letter that said her benefits and salary would continue through April 27, 2016. Instead of filing by May 7, 2016, within the 30-day window, Clifford alleges the lawyer didn’t file her complaint until May 23, 2016.

Kennard said that is the crux of the dispute on the effective date of termination.

“This exact issue was litigated for several years, and the administrative law judge found the operative date for the matter to not be time-barred is when the letter was sent,” he said. “This was a fact question, and we all knew this going in, that this was going to be the issue.”

During Thursday’s hearing, Harris County District Judge Lauren Reeder said she was inclined to grant the request, but needed a copy of the agreement between the parties first. Judge Reeder said it wasn’t attached as an exhibit to the motion, and asked Kennard’s counsel, Daniel Salas of Kennard Law PC, to file that document following the hearing.

“What I don’t want to do is grant relief, and it’s not a proper part of the record and we have to come back,” she said. “Based on your motion, I believe you’re entitled to the relief, but without the contract as an exhibit, I don’t think it would be proper.”

Kennard had filed the motion to either have the suit dismissed or sent to arbitration in June, arguing that the agreement Clifford signed when she hired the firm includes an arbitration provision mandating the dispute be handled out of court.

Kennard is represented by Alfonso Kennard Jr. and Daniel Salas of Kennard Law PC.

Clifford is represented by Jim L. Culpepper of Jim L. Culpepper & Associates PC.

The case is Judith Clifford v. Alfonso Kennard Jr., case number 2020-01737, in the 234th District Court of Harris County, Texas.

In the Pandemic Pandemonium, Texas Supreme Court’s BODA Overturns it’s Own Precedent and Effectively Repeals Disciplinary Rules.

BODA has just repealed Tex. Disciplinary Rules of Prof’l Conduct R. 8.03 (a) and overturned Texas Supreme Courts own precedent in Comm’n v Cantu (2019).

The State Bar of Texas CDC Needs to Educate Itself Relative to Claim Preclusion Laws in Texas (Part I)

Burke v Hopkins Complaint to the Commission For Lawyer Discipline (CDC) – State Bar of Texas and after Mr Eric Hsu’s non-compliance and incorrect classification and dismissal and inquiry, and after dialogue with Ms. Claire Reynolds – an Appeal to BODA (2020)

At Least Attorney-at-Law Ty Clevenger “Woke” The Office of the Attorney General in Texas. The OAG “Pleads the Fifth” with Citizens

“The more this drags out, the more this looks like political retaliation because of my role in getting Ken Paxton indicted,” Ty Clevenger said. “I do intend to ask everyone involved to be compelled to show up at a hearing, and if Ken Paxton is involved, I’m going to ask the court to order him to be there.”

Who is Texas Attorney Alfonso Kennard Jr and Why Are Citizens Incensed with the Fonz and the Texas Bar?
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