Profile
A partner at the San Francisco-based law firm of Walkup, Melodia, Kelly & Schoenberger, Michael A. Kelly is among California's pre-eminent personal injury and wrongful death trial lawyers. For 35 years, Michael has focused his practice on representing plaintiffs who have suffered serious damages as the result of defective or unreasonably dangerous products, government negligence, obstetrical mismanagement, drug and device failure, medical negligence, vehicle defects and vehicle collisions. To date, he has tried, arbitrated or mediated more than 150 cases in which his client's recovery exceeded $1 million, including the largest personal injury verdict in Sonoma County history. While most of these cases have originated and been resolved in California, Michael has also successfully litigated matters in Oregon, Hawaii, Colorado, Alaska, Minnesota, New Mexico and the territory of Guam.
Mr. Kelly has received numerous professional recognitions throughout his career, including the San Francisco Trial Lawyers Association's 2010 Trial Lawyer of the Year Award and an AV Preeminent* peer review rating through Martindale-Hubbell. Mr. Kelly has also been elected or invited into several of the world's most selective and prestigious legal honorary societies, including the American Board of Trial Advocates (ABOTA) and the American College of Trial Lawyers.
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell peer review ratings fall into two categories: legal ability and general ethical standards.
Articles about Michael Kelly appearing in Super Lawyers
The Million-Dollar Man
Mike Kelly is a very funny man. But facing him in court is no laughing matter
About Michael Kelly
Law School: University of California Hastings College of the Law
Admitted: 1976, California
Professional Webpage: www.walkuplawoffice.com/CM/WhoWeAre/WhoWeAreMikeKelly.asp
Honors and Awards:
- Summa Cum Laude, Student Body President, De La Salle Medal (Academic Excellence), Milliken Award (Student Affairs) - St. Mary's College of California
- Martindale-Hubbell, "AV" Rating; Top Ten Northern California "SuperLawyer" (2007, 2008); Listed, "The Best Lawyers In America" (2001-2009); Nominee, San Francisco Trial Lawyers Association Trial Lawyer of the Year (1999; 2001; 2008); Award of Merit, Bar Association of San Francisco, 2007; Nominated Finalist, Consumer Attorneys of California, Trial Lawyer of the Year (2008).
Bar/Professional Activity:
- Member, Board of Trustees, National Board Chapter Representative
- Chapter President, National Board Chapter Representative, Elect 2009
- President, San Francisco Trial Lawyers Association, 1996
- Member, Executive Board, San Francisco Trial Lawyers Association 1990-1995
- Member, Trial Lawyers for Public Justice
- Association of Personal Injury Attorneys (United Kingdom)
- Arbitrator, San Francisco Superior Court
- Member, American Association for Justice
- Edward J. McFetridge San Francisco American Inn of Court (1990-1993)
- Member, San Francisco Superior Court Judicial Arbitration Arbitrator Selection Committee, (1998 - 2008)
- Member, Judiciary Committee, Litigation, Bar Association of San Francisco, Section Executive Committee, 2001 - 2006
- Member, State Bar of California, State Bar of California
- San Francisco Superior Court Judge Pro Tem
- Member, Judicial Council Advisory Committee on Civil Jury Instructions (C.A.C.I.) (2004 - 2009)
- New York Teacher Training, 2009
- Colorado Teacher Training, 2006 - 2007
- Harvard Teacher Training, 2005 - 2008
- Program Director, National Institute of Trial Advocacy - West Coast Teacher Training, 2001 - 2009
- San Francisco Focus Magazine, Northern California "SuperLawyer" (2004, 2005, 2006, 2007, 2008)
- National Board Chapter Representative 2004 - 2009
- Associate, American Board of Trial Advocates (National Board Member) 2002-2003
- Fellow, International Society of Barristers (Member, Board of Governors, 2002 - 2009)
- Fellow, American College of Trial Lawyers
- California, 1976
Pro bono/Community Service:
- C.Y.O. Sports: Youth Basketball/Baseball Coach, 1985 - 2001
- St. Mary's College Alumni Association: Member, National Board of Directors, 1983-1989
- Sacred Heart Cathedral Preparatory: Member, Board of Regents 1987-2002; President, Board of Regents, 1989-1992
Scholarly Lectures and Writings:
- California Trial Lawyers Association, Annual Convention. Lecturer: "Recognizing and Resolving Third Party Liens" (San Francisco), November 1989
- California Trial Lawyers Association Annual Convention. Lecturer: "Recent Developments in Products Liability Law (Newport Beach, California), November 1987
- California Continuing Education of the Bar's 2nd Annual Torts Practice. Panelist: "Recent Developments in Torts" (San Francisco, Sacramento, Yosemite), January 1987
- National Institute of Trial Advocacy. Director/Faculty Member: West Coast Teacher Training (San Francisco), November 2002
- The American Board of Trial Advocates, in conjunction with ABOTA National Meeting. "Masters in Trial, Direct Examination Demonstration" (San Francisco), January 2003
- The American Board of Trial Advocates, in conjunction with ABOTA National Meeting. "Masters in Trial, Direct Examination Demonstration" (San Francisco), January 2003
- California Continuing Education of the Bar's 18th Annual Torts Practice. Panelist: "Recent Developments in Torts" (San Francisco, Sacramento), January 2003
- National Institute of Trial Advocacy. Faculty Member, Native American Tribal Court Skills Program (National Judicial College, Reno, Nevada), February 2003
- Association of Defense Counsel. Speaker: "The Judicial Counsel's Jury Instructions - Are You Prepared?" (San Francisco), February 2003
- National Institute of Trial Advocacy. Faculty Member, Harvard University Teacher Training (Cambridge, Massachusetts), March 2003
- University of San Francisco Intensive Advocacy Program. Lecturer: "Making a Convincing Closing Argument" (Kendrick Hall Law School, San Francisco, May 2003
- Northern Ireland Advocacy Working Party and NITA, U.K. Faculty Member, Solicitors Advanced Advocacy Training, Queens College, Belfast, Northern Ireland., September 2003
- Association of Defense Counsel 44th Annual Meeting. Speaker: "California's All New Plain-English Civil Jury Instructions" (San Francisco), December 2003
- California Continuing Education of the Bar's 19th Annual Torts Practice. Panelist: "Recent Developments in Torts" (San Francisco, Sacramento), January 2004
- University of San Francisco, Kendrick Hall School of Law, Intensive Advocacy Program. Lecturer: "Closing Argument" (San Francisco), May 2004
- University of California San Francisco School of Medicine. Panelist: "Evidence Based Medicine and Risk Management" (San Francisco), July 2004
- 54th Annual Meeting, American Congress of Neurological Surgeons. Guest Speaker: "Medical Liability", October 2004
- ABA/CEELI Advocacy Training. Program Leader (Tbilisi, Republic of Georgia), December 2004
- National Institute of Trial Advocacy. Faculty Member, Southwest Regional Program (University of New Mexico - Albuquerque, N.M.), May 1998
- Lecturer: "Standard of Care" presented to Surgical Grand Rounds at U.C.S.F./Mt. Zion Hospital (sponsored by U.C.S.F./Mt. Zion Risk Management). June 1998
- California Continuing Education of the Bar's 14th Annual Torts Practice. Panelist: "Recent Developments in Torts (San Francisco, Sacramento), January 1999
- Co-Author, "The Auto Collision Case: What You Need to Know," The Compleat Lawyer, A.B.A. Publications, Vol. 9 No. 3, Summer 1992
- Consultant, Bancroft-Whitney, California Civil Practice, Torts (1992)
- Contributor, Continuing Education of the Bar Civil Litigation Reporter (1992-1995)
- Consultant, California Trial Objections (3d Ed.) Continuing Education of the Bar; Berkeley, California, 1995 (Author: Edwin A. Heafey, Jr.)
- Co-Author California Uninsured Motorist Practice (2d Ed.) Continuing Education of the Bar (August 2005 Update)
- SELECTED PUBLICATIONS/AUTHORSHIP: Co-Author California Uninsured Motorist Practice (2d Ed.) Continuing Education of the Bar (August 2005 Update); Consultant, California Trial Objections (3d Ed.) Continuing Education of the Bar; Berkeley, California, 1995 (Author: Edwin A. Heafey, Jr.); Contributor, Continuing Education of the Bar Civil Litigation Reporter (1992-1995); Consultant, Bancroft-Whitney, California Civil Practice, Torts (1992); Co-Author, "The Auto Collision Case: What You Need to Know,"; The Compleat Lawyer, A.B.A. Publications, Vol. 9 No. 3, Summer 1992. PRESENTATIONS/LECTURES: January 2009 - Osaka Bar Association Litigation Advocacy Training Program Director and Team Leader (Osaka, Japan); California Continuing Education of the Bar's 24th Annual Torts Practice. Panelist: "Recent Developments in Torts" (San Francisco, Sacramento); Bar Association of San Francisco. Panelist: Dealing With The Toxic Client (San Francisco); November 2008 - National Institute of Trial Advocacy. Program Director: West Coast Advocacy Teacher Training, University of San Francisco School of Law (San Francisco); August 2008 - Consumer Attorneys of California, Vehicle Dynamics and Handling Seminar. Presenter: :Deposing the Defense Automobile Accident Reconstruction Engineer" (Sonoma, California); June 2008 - University of San Francisco, Kendrick Hall School of Law, Intensive Advocacy Program. Lecturer: :Final Argument" (San Francisco, California); American Board of Trial Advocates, San Francisco Chapter, Masters of Cross-Examination. Program Director: :How to Cross-Examine and Impeach Lay and Expert Witnesses" (San Francisco, California); May 2008 - Low, Ball & Lynch Annual Update, :Damages In Wrongful Death Actions." Presenter (San Francisco, California); California Medical Association, Eleventh Annual Health Care Leaders Academy. Presenter: "Avoiding Medical Malpractice" (Anaheim, California); April 2008 - National Institute of Trial Advocacy U.K. Program Director/Faculty Member: Scottish Prosecutor's Training (Edinburgh, Scotland); March 2008 - National Institute of Trial Advocacy. Program Director: Boston Teacher Training (Boston, Massachusetts); January 2008 - Federation of Japanese Bar Associations (JFBA). Advisor/Instructor: National Litigation Skills Training (Waseda University, Tokyo, Japan); January 2008 - California Continuing Education of the Bar's 23rd Annual Torts Practice. Panelist: "Recent Developments in Torts" (Sacramento); December 2007 - San Francisco Trial Lawyers Association. Panelist: CLE Program,: Tactical Containment of Experts: Exorcising Economic Experts" (San Francisco); The Rutter Group, 2008 Torts Update. Panelist (San Francisco, Los Angeles); November 2007 - Association of Defense Counsel of Northern California and Nevada. Lecturer: "College of Hard Knocks" (San Francisco); Bar Association of San Francisco. Co-Director: Juvenile Trial Advocacy Clinic (San Francisco); National Institute of Trial Advocacy. Program Director: Western Teacher Training, University of San Francisco School of Law, Kendrick Hall School of Law (San Francisco, California); October 2007 - National Institute of Trial Advocacy. Faculty Member: Pacific Regional Trial Skills Program (San Diego, California); American Society of Anesthetics, 2007 Annual Meeting. Invited Lecturer: "Risk Management and Professional Liability Issues" (San Francisco); July 2007 - National Institute of Trial Advocacy. Director: National Trial Skills Program. (Boulder, Colorado); March 2007 - National Institute of Trial Advocacy. Program Director: Advocacy Teacher Training (Harvard University, Boston, Massachusetts); December 2006 - The Rutter Group, 2007 Torts Update. Panelist (San Francisco, Los Angelis; November 2006 - National Institute of Trial Advocacy. Program Director: Western Teacher Training, University of San Francisco School of Law, Kendrick Hall School of Law (San Francisco, California); American Board of Trial Advocates, Sacramento Chapter Masters in Trial. Presenter: Opening Statement. (Sacramento); October 2006 - National Institute of Trial Advocacy. Faculty Member: Pacific Regional Trial Skills Program (San Diego, California); July 2006 - National Institute of Trial Advocacy. Faculty Member: National Trial Skills Program (Boulder, Colorado); May 2006 - University of San Francisco, Kendrick Hall School of Law, Intensive Advocacy Program. Lecturer: "Final Argument" (San Francisco, California); April 2006 - San Francisco Trial Lawyers Association. Program Moderator: "On Suing MUNI". (San Francisco, California); March 2006 - National Institute of Trial Advocacy. Program Director: Advocacy Teacher Training (Harvard University, Boston, Massachusetts); January 2006 - California Continuing Education of the Bar's 21st Annual Torts Practice. Panelist: "Recent Developments in Torts" (San Francisco, Sacramento); December 2005 - The Rutter Group, Personal Injury Update. Panelist (San Francisco, Newport Beach); November 2005 - National Institute of Trial Advocacy. Program Director: West Coast Advocacy Teacher Training, University of San Francisco School of Law (San Francisco); October 2005 - National Institute of Trial Advocacy. Faculty Member: Pacific Regional Trial Skills Program (San Diego); July 2005 - National Institute of Trial Advocacy. Team Leader: National Trial Skills Program (Boulder, Colorado); June 2005 - San Francisco Trial Lawyers Association Presentation. Speaker: "The Scientific, Artistic and Efficient Use of a Trial Lawyer's Most Basic Weapon: Cross-Examination"; May 2005 - American Board of Trial Advocates (ABOTA) "Masters in Trial - Ultimate Trial Notebook". Lecturer: Direct and Cross-Examination (San Francisco); National Institute of Trial Advocacy. Faculty Member: Southwest Regional Trial Skills Program (University of New Mexico School of Law - Albuquerque, NM); Microsoft Corporation Advocacy Academy. Faculty Member (Seattle, WA); April 2005 - University of California, San Francisco School of Medicine. Presenter: "Medical Liability Reform - Is MICRA Fair?" (San Francisco); February 2005 - Public Interest Law Group Advocacy Trial. Faculty Member, University of San Francisco Kendrick School of Law (San Francisco); January 2005 - California Continuing Education of the Bar's 20th Annual Torts Practice. Panelist: "Recent Developments in Torts" (San Francisco, Sacramento).
Verdicts and Settlements:
- Arnold v. City and County of San Francisco (Police Negligence) $1,500,000 Settlement
- Dani S. v. Maritime Industries (Boating Accident) $2,025,000 Settlement
- Magana v. Sunshine (Trench Cave-In - Abdominal Injury) $2,150,000 Settlement
- Govil v. Golden Gate Bridge (Highway & Transportation District / Government Liability) $2,500,000 Settlement
- Baby Y. v. Sutter Health (Failure to Diagnose Kernicterus) $2,900,000 Settlement
- Michael N. v. U.S. Automaker (Vehicle Stability Defect - Rollover Accident) $2,900,000 Settlement
- Student v. Daimler-Chrysler (Product Liability) $3,000,000 Settlement
- Ethier v. Poindexter (Wrongful Death of Child) $3,030,000 Jury Verdict
- Jastrab v. Kelada (Failure to Diagnose Soft Tissue Infection) $3,170,000 Jury Verdict
- Infant v. HMO (Birth Injury - Diplegia) $3,975,000 Settlement
- Machinist v. Industrial Machine Design (Product Liability - Brain Damage) $4,000,000 Settlement
- Richard T. v. HMO (Brain Damage / Failure to Diagnose Cardiomyopathy) $4,250,000 Settlement
- Michael O. v. County of Kern (Dangerous Highway - Brain Damage) $4,500,000 Settlement
- Student v. Valley Unified School District (Negligent School Supervision Paraplegia) $4,500,000 Settlement
- Diana C. v. Devicemaker (Defective Medical Device / Paralysis) $5,250,000 Settlement
- Johnston v. American Honda Motor Co. (Product Liability - Wrongful Death) $5,760,000 Jury Verdict
- Child v. Pediatric Neurosurgeon (Quadriplegia - Surgical Error) $6,350,000 Settlement
- Henry V. v. PG&E (Electrocution / Utility Negligence) $7,000,000 Settlement
- Perry v. Budget Rent-A-Car (Automobile Accident) $8,775,000 Jury Verdict
- Dahl V. Stone M.D. (Paraplegia - Medical Malpractice) $9,420, 840.00 Jury Verdict
- Twins v. Fertility Center (Fertility Clinic Negligence / Congenital Disease) $9,500,000 Settlement
- Family of H. v. UpRight, Inc. (Defective Industrial Product - Wrongful Death) $10,000,000 Settlement
- Rachel K. v. Truck Line Operator (Bicycle v. Semi-Truck - Catastrophic Injuries) $15,000,000.00 Settlement
- Goodloe v. Bell Sports, Inc. (Defective Consumer Product) $17,000,000 Jury Verdict
Educational Background:
- St. Mary's College of California, B.A. in 1973