Vol. 63, No. 6 | July 2006
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Patrick Kelly: Driven to Serve

With deep roots in St. Paul, MSBA’s new president Patrick Kelly has pursued interests and commitments that bond him firmly to his family, his firm, and his community and support him in a career that involves clients locally, nationally, and across the world.


By Amy Lindgren

Patrick Kelly’s St. Paul office is deceptively low-key. A model boat on an end table, the requisite wall of diplomas, a desk piled high with paper … except for a handful of family photos stationed here and there, it could be the office of any lawyer in the country.  A small, antique globe gives the only hint of the firm’s international reach.

Even the attorney behind the desk looks like the standard model: suit, tie, white shirt, silver hair … and then he opens his mouth and the stories begin to flow. There was the time he was stopped by the British Army on his motorcycle at a roadblock in Ireland during “The Troubles” in that country. And the time he was stranded in the Bahamas during college and had to talk his way home mile by mile without a penny in his pocket. And the time he almost crashed an airplane at the downtown St. Paul airport.

That last one is a good one. Kelly was a young lawyer, not long married, with a yen for adventure. Flying lessons seemed like a safe enough outlet for a man with responsibilities. On this particular day, the goal was to sharpen his takeoffs and landings, down at Holman Field. His wife Mary was waiting for him in the small building that serves as the municipal airport’s lobby and business office.

Now the story splits in two. From Pat’s perspective, the situation was perhaps serious, but not dire. He brought the plane in too low, or perhaps too fast, or … in any case, the stall lights came on and he was losing control of the plane and it would take a fair piece of effort and perhaps prayer to bring it right before it would crash into the runway or perhaps even the terminal.

Mary, sitting in the lobby with a host of experienced air personnel, had the benefit of their gasps and exclamations, not to mention the cacophony of alarms ringing throughout the building to help her gauge the seriousness of the situation. Even so, somehow she knew everything would be alright, as she always did when Pat was involved.

“I remember standing in that lobby in Holman Field and the alarms were going off and people were panicking and I don’t know why but I said, ‘Don’t worry, it’s just my husband.’”

Mary laughs when she tells that story. From her perspective, then and now, the situation probably was serious, but what could you do? As long as she had known Pat, he had had what she calls “a dangerous side,” balanced by a “nine lives kind of thing.” He took risks but they always seemed to work out. As for Mary, she says she learned early on to give up worrying about her husband. Even so, it’s telling to note that Pat quit the flying lessons; not long after, Mary became pregnant with their first child and life got too busy in the Kelly household for those kinds of hobbies.

Building a Career

Today Patrick can stand at the floor-to-ceiling windows in his corner office and watch other pilots land their planes on the same runway he almost crashed into. If he has any regrets about not being in their shoes, you wouldn’t know it. Instead of earning a pilot’s license, he’s been busy building a career. In 30 years with the same firm he has gone from associate to senior partner; this month he also starts his one-year term as president of the Minnesota State Bar Association.

It’s the latest turn in a professional journey that started in high school, when Kelly began working for his father’s construction crew. Although one might expect the owner’s son to get preferential treatment, Kelly had the opposite experience. His father’s directive: “He always said I had to be a half-hour early to work and stay a half-hour after everyone else left, because I was his son,” Kelly recalls. The habit stuck, spilling over into his law practice. “I still carry that today,” Kelly notes. “That drives them crazy here, especially the young ones. The first face they see in the morning is me and I’m the last one they see at night.”

Kelly stayed with the construction crew through high school and college, partly because the money was good, and partly because he enjoyed being with the other workers. “I really got a sense of the hard-working American, working a full day at really hard labor,” he says. “They were working to get an education for their kids.”

Kelly was working toward his education too, first as a high school student in St. Thomas Academy, and then as a philosophy and English major at Marquette University. In between, he took lessons from his blue collar friends on the construction crews: How to understand unions, how to keep your mouth shut, how to communicate, how to work hard. He didn’t know it at the time, but these were seeds that would later take root in his law practice.

Perhaps the seminal college experience for Kelly was the year he spent abroad, at National University of Ireland. If he had been able to get by before on his native intelligence, that ability was severely challenged in this new setting. As he tells it, “The first day I’m dressed in jeans and a t-shirt and I walk into philosophy class and everyone’s in black suits. And the professor is lecturing and he says, ‘We’re going to lose too much in translation. We’ll just do it in French.’ and he switches over to giving the lecture in French. And everyone just followed along. These were really dedicated students — they were just able to do that. We did all the philosophers that way … Nietzsche in German, Aristotle in Greek … I just learned to figure things out. I had to.”

Kelly graduated from college in 1971, when the United States was still involved in Vietnam. He volunteered for the Army, choosing the infantry because he felt “it was the right thing to do,” notwithstanding his very good friend who had become a conscientious objector, and other friends who were protesting the war. His two-year tour ended while he was in training in the States, and the Army “downsized” him into the Reserves, where he eventually left with the rank of captain.

Near the end of his second year in the Army, Kelly received a call from a former dean at Marquette who was now the vice president of Creighton University. He was recruiting students and wanted Kelly to study there. Abandoning half-formed plans to take an MBA at an East Coast school, Kelly agreed. Three years later he graduated with a J.D. and began practicing with Lais, Bannigan & Ciresi in St. Paul, the firm that would eventually become Bannigan & Kelly and then Kelly & Fawcett.

Diversity in Practice

Kelly’s practice today represents an amalgam of his experiences, and those of his predecessors. He inherited from former partners an emphasis on municipal law, but created from his own experience the specialty in labor law, arbitration and litigation. Likewise, working as corporate counsel for the Minnesota State High School League reflects his interests, while the firm’s newly developed international outreach is inspired largely by the backgrounds of attorneys working there and Kelly’s initiative. As the firm’s brochure notes, five languages are spoken by the employees, and they were recently honored with an award for diversity from the Ramsey County Bar Association.

Chad Lemmons, a junior partner at the firm who has known Kelly for 20 years, says his boss is “about the hardest-working attorney I’ve ever seen,” citing as an example the numerous night meetings required by Kelly’s municipal clients. As the consulting attorney for White Bear Township and several metro area cities, Kelly regularly attends town board and city council meetings, as well as interim planning sessions for each of these clients. In the case of one municipality alone, that means one night a week is spent in a council meeting. As Lemmons notes, “Those meetings can go until 1:00 a.m. in some cases. When you start the day at 7:00, it gets to be a long day.”

Although Kelly has begun assigning other attorneys to some meetings, he still attends the majority himself. Lemmons doesn’t see it as a control issue on Kelly’s part but as a genuine desire to serve his clients.

Bill Short, the clerk-treasurer of White Bear Township who has worked with Kelly in those board meetings for more than a decade, echoes Lemmons’ assessment. “One thing is clear to me and the board,” Short says. “When he is working on something with us or at a town board meeting, it’s the most important thing to him at the moment. He never looks like he’s thinking about something else. He’s always focused on us and what we need.”

Until recently, David Thomalla, chief of police for the city of Maplewood, got to see Kelly’s work from two perspectives: Kelly was both the city attorney and the prosecuting attorney for Maplewood, allowing him to handle both civil and criminal issues. “That is great for us,” Thomalla notes, “because it gives us a one-stop shop in an attorney. Some issues tend to blend together, such as liquor license violations. To be able to sit down with one person and deal with one perspective is a time saver and a money saver for the city.”

Both Short and Thomalla call Kelly innovative and creative in his consulting and problem-solving; as chief of police, Thomalla also appreciates Kelly’s support of his officers. “He’s just a real pro-police attorney,” he says. “It’s tremendous. Pat and his attorneys are willing to take some of the tough cases and follow through. That speaks highly of Pat. It’s reassuring that our officers aren’t going through the motions and not having their cases resolved.”

It would be easy to assume that Kelly, whose primary work puts him at a conference table, would have a weak spot when it comes to litigation. According to Terry Foy, who has faced Kelly in court, that would be a mistake. Foy, a shareholder with Ratwik Roszak & Maloney in Minneapolis, says simply: “He is a litigator. He is one of the best cross-examiners I’ve ever seen.”

As Foy tells it, “I met Pat in the mid-90s when we fought a halcyon series of disputes during which we formed a mutual friendship and grudging respect for each other. I remember thinking, ‘This guy is good.’ I was representing a municipality and he was representing labor. One of the things that impressed me about Pat is that he is an excellent litigator and advocate for his client. But also that he told me early on in our proceedings, ‘Yeah, we’re going to have to work through this, but after it’s all done, we’re going to have to work on the underlying issues that created these problems.’ That showed me that Pat is more than just a litigator. He really catches the concept of a lawyer as a problem solver. He understands that the employer and union may be battling hammer and tongs, but they still have to work together.”

Commitment to Community

If there’s a common theme running through Kelly’s work and his firm’s multiple practice areas, it would be a commitment to community. Kelly asks that each attorney perform a significant number of pro bono hours, as he himself does. He’s been offering his services at the Ramsey County Volunteer Attorney Program since 1976 — a fact noted by Patricia Brummer, administrator of that program for Southern Minnesota Regional Legal Services for 40 years, who says, “Boy, is he faithful. I don’t remember him ever saying no. I think he puts this pretty high on his list.”

Ed Cleary, Ramsey County District Court judge and a longtime friend of Kelly’s, believes Kelly’s commitment to the community comes from a background they share: being raised by strong-willed Irish Catholic fathers who “had strong ways of doing things. Religion played a big part in our fathers’ lives and his Catholicism is a strong part of who Pat is,” Cleary notes.

Cleary got to see Kelly’s moral framework up close several years ago when he led the Office of Lawyers Professional Responsibility and asked Kelly to head the Ethics Committee for the Ramsey County Bar Association, an organization Kelly has also served as president. It was a choice Cleary grew to appreciate as he saw Kelly in the role. “I think when it comes to issues of ethics and integrity he is among the finest lawyers in that regard. With Pat it’s an everyday thing,” Cleary says.

Community involvement can take many forms. One interesting outlet Kelly has found is in coaching softball and baseball over the years. It started with his son Joe’s t-ball team and expanded to Little League baseball, all the way up to serving as commissioner of the league. He coached daughter Shannon in t-ball and on the boy’s baseball team, and is now coaching his youngest, Brigid, in her fast-pitch softball team. To date, Kelly has put in nearly two decades of coaching.

One sign of his success in this endeavor is the praise he earns from parents of the players. Jane Burd of St. Paul put her young daughter Sarah on Kelly’s teams for three years. Kelly’s impact on her was indelible.

Burd notes in particular Kelly’s insistence on fairness, and the surprising benefits that can yield. “What is so unique about Pat is that he always rotates every player and everyone gets the same amount of time to play. We were in a second championship game and it was really close. We had two outs and we could have won or lost on a run. At that stage even a good coach would have put in a strong hitter. But Pat’s so fair. The batter up was the smallest girl on the team. She hasn’t had a hit all season. Not one. But it’s her turn and he puts her in, and she hit! He knows that you’re only as good as your weakest player. So he makes sure that your weakest players get better. He never writes anyone off.”

Kelly’s coaching skills translate to grownups as well. John Quarnstrom, along with others, has experienced Kelly’s teaching first hand. Now director of labor relations for the Sheet Metal, Air Conditioning and Roofing Contractors Association, Quarnstrom began his law career as a clerk for Kelly’s firm, and stayed on for eight years. In addition to noting Kelly’s “amazing ability to get along with anybody,” Quarnstrom lauds Kelly for being “a very good boss and mentor. Patrick gave me guidance and pointed out things that needed to change, without being brash or offensive,” Quarnstrom says. “He can be very caring.”

Taking the Helm

Kelly’s going to need those coaching skills, not to mention stamina and time management, as he takes the helm of the MSBA. Gary Bastian, a Ramsey County trial judge and a good friend, has endured hours of driving to golf courses with Kelly talking on the phone the whole way. It’s a price he gladly pays in exchange for having his friend’s phone turned off while they make their way around the course. Even so, he expects to see much less of Kelly this year than usual. “It’s already started with his schedule,” Bastian notes. “We used to talk a couple of times a week. Now we leave messages a couple of times a week.”

Sue Holden, Pat’s predecessor as president, can appreciate those comments. After a hectic year that included such unexpected twists as Hurricane Katrina, she is handing the reins to a leader she says “will be very good at this job,” and who has “a tremendous sense of humor to help him through any rough spots.”

For his part, Kelly says he is planning to take the year as it comes, without developing a heavy presidential agenda. Nevertheless, he does have a few areas he intends to promote: Judicial independence, diversity, MSBA’s practicelaw.org, and additional services for police officers and military families.

However the year turns out, Kelly intends to take a page from his coaching playbook and keep things in perspective. As he says, “I tell the young ladies: ‘The great thing about baseball is every inning is like a new game.’”

Outfielders, do you have your gloves on? Patrick Kelly’s at the plate.


Patrick Kelly: Family Man

Patrick Kelly, it would seem, is the original multitasker, finding time to be with his kids while maintaining a schedule that sees him at the office or at meetings at all hours. Far from resenting it, all three of his offspring — Joe, 24, Shannon, 23, and Brigid, 12 — delight in sharing time with him. As Shannon says, “I never felt less imporant than his work. He’s really good at incorporating family time with whatever he has on his plate.”

One of Kelly’s secrets for family bonding is his creation of unique traditions. According to his wife Mary, a Special Education professional for the St. Paul School District, Kelly has always appreciated the power of ritual, from lighting candles at Mass to saying his prayers, which he still does each evening.

His family rituals tend to take a less serious tone. There’s the morning when he pulls up with a car full of petunias and impatiens for the front walks. That’s how Shannon knows it’s officially spring. There’s the Christmas lights that go up in early December and stay until late January — a riotous collection of bulbs adorning every bush, tree and architectural feature, all plugged into timers staged for different hours of the evening. And then there are the Tiki torches, a blazing celebration Kelly planted in the front lawn each time he went to retrieve either Joe or Shannon on breaks from college. The torches, which stayed lit for 24 hours, announced to the kids’ friends that they were home and ready for company.

The hospitality at the Kelly house is well-known to kids and adults alike. As their friend Father Thomas Hunstiger describes it, “The doors of the Kelly household are always open to anybody. It’s one of those places where you can drop by on a moment’s notice and feel welcome.”

In addition to family time, such as the wicked poker games which he tends to win, Kelly also ensures that each child gets special attention. For Shannon, concerts were often the occasion for time with Dad. “He’s been taking me to live concerts since I was five,” she says. “He was always the chaperone for my friends too, so he sat through some pretty awful music.”

At home, Shannon says, her father favors Irish music played so loudly she has to holler to be heard. She also remembers her sister’s baby years, when her father would play Frank Sinatra while singing and dancing for Brigid.

Now that she’s 12, Brigid likes to make up dances with her father. “A couple of years ago,” she recalls, “he found a Braveheart CD that had the coolest song on there — just drums. My dad and I made up a dance where we would come running in from different parts of the house with our arms swinging and dance together. We showed all my friends and my mom. I bet we showed her that dance 50 times.”

Brigid is also enjoying learning the game of golf from her dad, calling him “one of my role models in the game.” At 24, Kelly’s son Joe is a bit more reserved in his judgment of his father’s skills. Asked how he is as a golfer, Joe hesitates a moment before selecting the right answer. “Well, you can tell that he works a lot.” Apparently Joe means his dad is getting more of a workout than the other golfers on the fairway — a circumstance that earned him the name Machine Gun Kelly from the grounds crew when the two were at a Florida course. Even so, Joe admires his father’s poise. “It’s got to be frustrating hitting 12 balls off the first tee, but he just grabs another ball and hits away,” Joe says. “He never throws his clubs or shows any sign that he’s getting mad.”

If Joe doesn’t aspire to his father’s golf game, he certainly draws lessons from him otherwise. Like Shannon, who says “If I’m half the person he is I would be so proud,” Joe says of his dad, “If there’s any one person that I would say is my hero, it would be him. I remember being real little and seeing him argue in court and having his client come up, thanking not just my father but also my mother and me, for having such a great father. When you see just how much people appreciate what he does, you think ‘If I could be half as passionate about my work as he is, I could make such a difference.’”


Patrick Kelly – A Snapshot

Personal
56 years old
Married to Mary Kelly (nee Fitzgibbon)
Children: Brigid, 12; Shannon, 23; Joe, 24

Education
BA in Philosophy and English, Marquette University, 1971
Honors Program, English and Philosophy, National University of Ireland, University College: Dublin
JD, Creighton University Law School, 1975

Military Service
United States Army, 1971-1972: 2nd Lieutenant, Infantry
United States Army Reserves, Hon. Discharge: Captain, 1984

Professional
Kelly and Fawcett, since 1974

–Founding Partner, Kelly & Fawcett, 2000
–Partner, (Bannigan & Kelly), 1986-2000
–Partner, (Lais, Bannigan & Ciresi), 1980-85
–Associate, (Lais, Bannigan & Ciresi), 1975-1980

Areas of practice: Municipal law, labor and employment law and litigation, real estate, administrative hearings

Bar Admissions
United States Supreme Court
U.S. Court of Appeals, 8th Circuit
U.S. District Court, Minnesota
Minnesota
Wisconsin

Minnesota State Bar Service
President, 2006-2007
Treasurer 2004-2005
Secretary 2003-2004
Member, House of Delegates, 2000-2003

Ramsey County Bar Service
President, 2002-03
Treasurer, 2000-2001
Secretary 1999-2000
Member, Ethics Commitee, 1994-1998
Chair, Ethics Committee, 1998-2002
Member, Ramsey County Bar Foundation, 2002-03

Other Organizations Served
Minnesota Trial Lawyers Association
Minnesota State High School League, Ad Hoc Committee on Sexual Harassment / Sexual Violence
Southern Minnesota Regional Legal Services / Ramsey County Volunteer Attorney Program
Washington County Banks, founder and board member 

Community Service
Holy Spirit Catholic Church, Finance Committee Chair, 1985-1992
Holy Spirit Catholic Church School Board 1985-1990
Minnesota Little League, coach, 1990-1993
Minnesota Little League, Commissioner, 1993-1995
Hightower Babe Ruth League (girls’ softball), President, 1995-1998
Hightower Babe Ruth League, coach, 2002-present
Minnehaha Academy Middle School, assistant girls’ softball coach, 2006