Patrick M. Kinnally (Retired)
Mr. Kinnally concentrates his practice in general and commercial litigation, probate, immigration, administrative, environmental and local government law. He has been recognized by his peers as among the top five percent of all Illinois lawyers in commercial litigation and general litigation and has received the highest peer rating for skill and integrity. He is a respected, skilled and tenacious advocate sought after by lawyers, businesses and individuals alike.
He was admitted to the practice of law in Illinois and Indiana in 1980. He is admitted to the United States Supreme Court, the Federal Trial Bar of the United States District Court for the Northern and Southern Districts of Indiana and the United States District Court for the Northern, Central and Southern Districts of Illinois. Mr. Kinnally is a certified mediator in Kane and Cook County, Illinois.
He graduated from Marmion Military Academy in 1968. He received his undergraduate degree from Loyola University Cum Laude in 1972 and a law degree from John Marshall Law School in 1980.
Including his 2021 selection, Mr. Kinnally has been named a "Super Lawyer" 15 times by survey of his peers, signifying that he is among the top 5 percent of all Illinois lawyers in the field of General Litigation. He has also been named a "Leading Lawyer" in Commercial Litigation and Appellate Advocacy by survey of his peers, a distinction likewise limited to the top 5 percent of all lawyers who practice in Illinois. He was selected by Law & Lawyers Magazine as one of the top two lawyers in all practice fields and one of the top two lawyers in Business Litigation from Kane, Kendall and DeKalb counties in Illinois. Kinnally Flaherty Krentz Loran Hodge & Masur, P.C. is the only law firm with two members named among the top five lawyers in the tri-county area. He has received from his peers the highest rating for skill and integrity with an AV Preeminent designation by Martindale-Hubbell.
In 2014, Mr. Kinnally was appointed by the Illinois Supreme Court to its Committee on Civil Jury Instructions, and he was reappointed to the Committee in 2017. The Committee, which is composed of approximately 20 judges or attorneys selected from throughout the state of Illinois, creates or modifies the jury instructions used in state court proceedings for all civil jury trials. The collective work of the Committee comprises the Illinois Pattern Civil Jury Instructions, which is published annually.
Mr. Kinnally was a recipient of the Tradition of Excellence award in general practice by the Illinois State Bar Association in 2003, an award given once a year to a single lawyer in the state who demonstrates professional excellence in the general practice of law. He received the Pro Bono Award in 2004 and the Community Service Award in 2000, both presented by the Kane County Bar Association in recognition of a lawyer who demonstrates unfailing commitment to pro bono work and community service work, respectively. Currently, he is the attorney for the Kane County Public Guardian advocating for the rights of senior citizens.
He received the Citizen of the Year Award from El Centro Pan Americano in 1988 and the Public Service Award from the League of United Latin American Citizens in 2004, both in recognition of distinguished service to the Hispanic community in Aurora, Illinois. He received the Pro Bono Award in 2006 from CASA Kane County for volunteer work on behalf of court-appointed special advocates. He received the John C. McAndrews Award for Pro Bono Service by the Illinois State Bar Association in 2011; again, awarded to a single lawyer in Illinois for dedication to pro bono work. In 1994, on behalf of Tyeast Boatwright, his litigation created the Illinois Education Act for Homeless Children (Leading Lawyers Network, Bailey) (2010).
Mr. Kinnally was appointed by the Illinois Supreme Court in 2006 to the Minimum Continuing Legal Education Board, and he is currently its Chairperson. He was also appointed to the Illinois Supreme Court Commission on Professionalism and served from 2005 - 2011. He served as a law clerk to Justice James Heiple at the Illinois Third District Appellate Court from 1980 - 1982. He served as a hearing judge in the siting of pollution control facilities in Kane and Kendall Counties.
He was elected President of the Kane County Bar Association for 2010-2011 and previously served on the Board of Directors of the KCBA for seven years. He was appointed to the Board of Directors of CASA in Kane County in 2011. CASA (Court Appointed Special Advocates) is an organization representing children who are victims of abuse and neglect. Also, he was an original member and continues to serve on the Kane County Bar Association Diversity Committee. The committee seeks to expand participation of minority lawyers on the bench and in the Bar on the belief that race, gender and class matter in a representative democracy.
In 2017, Mr. Kinnally was honored as a top immigration attorney in Aurora by Three Best Rated.
He has been an adjunct professor of law at Northern Illinois University Law School since 1999, teaching Civil Procedure, Immigration and Nationality Law Trial Skills and Legal Skills course called “The Practicing Lawyer”. He has been a frequent lecturer at continuing legal education programs sponsored by the Illinois State Bar Association, the Kane County Bar Association and the DuPage County Bar Association.
- Geneva Construction Company vs. Village of North Aurora. (Kane County-not reported) The plaintiff is successful in invalidating Municipal Zoning ordinance as to Asphalt plant on constitutional grounds.
- Nicor Energy Services Company v. Batavia Avenue Properties (Kane County-not reported) Landlord is successful on the counterclaim in a commercial rent dispute. Plaintiff Judgment in excess of $550,000.
- Baraba Viland v. F. James Garbe (DeKalb County-not reported) Defense judgment in $1M commercial real estate litigation.
- Osterberg v. Boisvert (Kane County-not reported) Judgment for wife permitting her to remove children from Illinois and return to Canada.
- Stonehill Leasing vs. Magis (Kendall County) Prejudgement attachment in the theft of $300,000 by an accountant from employer (Unreported)
- In re Estate of Yanni: $400,000 judgment for Kane County Public Guardian reversed- 2015 IL App (2d) 150108
- Yahnke v. Kane County (7th Cir. 2016) 15-2162) Partial Summary Judgment in alleged retaliatory discharge /due process claims
- Nesson v. Nesson- (Kendall County) (2015)-Plaintiff Land Valuation of family farm in Land Trust litigation (Unreported). Second trial in 2017 on breach of fiduciary duty claim. Verdict for Plaintiff, $600,000.
- Metropolitan Insurance v. Unger 2014-cv-7586 (N.D. ILL 2016) Summary Judgment for spouse in contested ERISA litigation.
- Charter Properties v. Rockford Mutual Ins. 2018 IL App (2d) 170637
First party claim against insurer for building collapse. Jury verdict for plaintiff. Bad faith judgment under Insurance Code for Plaintiff.
- Samuel Ortegon v. Kane County Forest Preserve (Illinois) Kane County, 14 L 332 (2017)
Plaintiff suffered injuries on bicycle trail when he collided with wire strung between poles at Forest Preserve entrance. Defense jury verdict on willful and wanton count.
- Krajewski v. Petsche (Illinois) Kane County 14 CH 1364 (Unreported) (2017)
Private Nuisance and trespass claims alleging increased water drainage flow from defendant’s property due to building of improvements in vicinity of wetland. Defense judgment after 7 day bench trial.
- Anastasio, Marzano, Village of Wayne v. Lorenz 2017 IL App (2d) 170010-U
Three lawsuits involving siting of horse barn in Village of Wayne. Trial court issued mandamus judgment against village requiring siting of horse barn in favor of homeowner. (2018)
- In Re. S.M.B. 17 P 557, Kane County, Revocation of guardianship, Judgment for guardian-mother (2019)
- Navar v. City of Aurora (Illinois) - Plaintiff is successful in constitutional challenge to municipal noise ordinance. 210 Ill.App.3d 126 (1992)
- Dawn Equipment Company v. Kentucky Farms - Plaintiff's jury verdict in patent infringement case. 140 F.3d 1009 (C.A.Fed., 1998)
- Vaughan v. Westphal - (Illinois) - Plaintiff's jury verdict of $13 million tort case (unreported).
- In Re: Schweitzer - (Illinois) - Defense jury verdict in $2 million will contest case (unreported).
- Valdovinos v. Gallant Insurance Co. - (Illinois) - Plaintiff's bad faith verdict for breach of insurance contract. 314 Ill.App.3d.1018 (2000)
- Schultz v. Lord & Essex, Inc./Village of Oswego - (Illinois) - Plaintiff's permanent injunction against developer for changing watershed so as to increase water drainage onto Plaintiff's farm (unreported).
- Mull v. Kane County Forest Preserve Dist.- (Illinois) - Plaintiff's judgment involving injuries sustained bicycling on a path reversed due to immunity under the Local Governmental and Governmental Employees Tort Immunity Act. 337 Ill.App.3d 589 (2003)
- A.D. ex rel. J.D. v. Forest Preserve District of Kane Co. - (Illinois) - Defense judgment in willful and wanton case. 313 Ill.App.3d 919 (2000)
- Nelson v. County of DeKalb - (Illinois) - Unsuccessful zoning Challenge to DeKalb Zoning ordinance. 363 Ill.App.3d 206 (2005)
- Our Savior Evangelical Church v. Saville et, al. Defense of Religious Zoning Challenge to City of Aurora's Zoning Ordinance 922 N.E.2d 1143 (Ill. App. 2009)
- Steam Sales Corporation v. Summers 937 N.E.2d 715 (2010) Prosecution of management employee for violation on non competition agreement.
He has written over 75 articles covering a wide array of legal topics for various bar associations.
- “Costs: An Imbroglio for Trial Practitioners”, ISBA Trial Briefs, October 2000
- “Aliens, Guilty Pleas and the Risk of Deportation: Time for a Legislative Response”, with Moira Moran, Illinois Bar Journal, April 2001
- “Jury Instructions: When is a normal life lost?”, ISBA Trial Briefs, June 2001
- “A Summary on Summary Judgment” Du Page County Bar Association Brief; November 2001
- “Backstriking Jurors: Diligent Advocacy or Guile?”, ISBA Trial Briefs, August 2002
- “Closing Argument: Using Enlarged Trial Transcripts and Jury Instructions”, ISBA Trial Briefs, May 2003
- “ Witnesses, Statements and Depositions”, ISBA Trial Briefs, September 2003
- “Trial Practice Update for General Practitioners: Lessons from Recent Cases”, Illinois Bar Journal, October 2003
- “The Occasional Litigators Guide to Making the Most of Pleadings and Motions”, Illinois Bar Journal, August 2004
- “A Few Tips on Litigating Non-Competition Agreements: An Employee’s Perspective”, Illinois Bar Journal, May 2007
- “The Unwanted: Dead Witnesses and the Absence of a Paper Trail: Looking at the Dead Man’s Act and the Frauds Act”, ISBA, Trial Briefs, February 2008
- “Admonitions in the Criminal Trial Court”, DuPage County Bar Association Brief (September 2010)
- "Pro Bono: It Matters," , KCBA Bar Briefs, October 2010
- "Vacating Default Judgments: Make It Make a Difference", ISBA Trial Briefs, January 2011
- "The Lien Epic: Don't Lose Your Attorney's Lien", KCBA Bar Briefs, April 2011
- "The Child Status Protection Act is to Protect Children", ISBA Globe, October 2011
- "Forfeiture by Wrongdoing and the Illinois Rules of Evidence", ISBA Trial Briefs, November 2011
- “Foreclosure of Claims. The Doctrine of Judicial Estoppel”, ISBA Trial Briefs, February 2012
- "Discovery of Those Online: Using Supreme Court Rule 224 to Ascertain the Identity of Anonymous Online Posters", ISBA Trial Briefs, April 2012
- “Is a Duty Owed”, ISBA Trial Briefs, September 2012
- “False and Fictitious Names in Pleadings Does It Matter”, ISBA Trial Briefs, September 2012
- “Adjustment of Status. False Claims to United States Citizenship and Voting in Elections” ISBA Globe, November 2012
- “Does a Corporation Need a Lawyer in the State Court?” ISBA, Trial Briefs, December 2012“Applying for Naturalization and Removal Hearings: Can you get a remedy?" ISBA The Globe, (April 2013)
- "Non-Citizen Defendants Charged with State Drug Crimes: Some new, Refreshing Jurisprudence" ISBA The Globe, July 2013
- “Admonitions in the Criminal Trial Court: Waiver of Counsel, Jury Demand, and Non-Citizen Guilty Please after Padilla v. Kentucky” ISBA The Globe, September 2013
- "Temporary Protected Status Should be a Welcome Rule of Law” ISBA The Globe, October 2013
- “Guardianship Sourcebook, An Everyday Tool for Representing Clients in Illinois Contested Guardianship Proceedings” Illinois Bar Foundation (2014)
- “Asylum Status and Rules: A Recurring Dialect” ISBA The Globe, September 2014
- “A Stay of Proceedings in the Trial Court: Why Delay Disserves Those We Represent” ISBA, Bench & Bar, October 2014
- “Making Conditional Residency Unconditional for Immigrant Clients” ISBA, The Globe, October 2014
- “Child abuse: Is it a removable offense?” ISBA, The Globe, April 2016
- “A Red Flag: Orders of Protection and Deportability for Resident Aliens” Bar Briefs, Kane County Bar Association, June 2016
- “Extending a Hand” Bar Briefs, Kane County Bar Association, July 2016
- "Witnesses, statements and depositions: A few new thoughts" Trial Briefs, Illinois State Bar Association, August 2016
- "Message from the Chair" The Globe, Illinois State Bar Association, September 2016
- "Removal proceedings: A right of cross-examination" The Globe, Illinois State Bar Association, September 2016
He is a member of the Illinois State Bar Association (ISBA), the Kane County Bar Association (KCBA), the Illinois Trial Lawyers Association (ITLA), the American Immigration Lawyers Association, the National Lawyers Guild (NLG), the DeKalb and Kendall County Bar Associations, and was appointed Chair of the International Immigration Law Section Council for the ISBA 2016 - 2017 term.
Mr. Kinnally was born in Aurora, Illinois. He is a lifelong resident of the Fox Valley. He has been married to his wife, Sally, for more than 40 years, and they have four adult children, Moira, Rorry, Cara and Calan, all of whom are teachers or lawyers. Before entering private practice, Mr. Kinnally was an examiner, attorney and instructor for the Immigration and Naturalization Service. He is an avid upland bird hunter, gardener, and enjoys writing poetry.
As outlined in Honors above, Mr. Kinnally's community involvement is extensive. During his career he has devoted time to such organizations as El Centro Pan Americano, the Holy Angels Food Pantry, Hesed House, Trinity Episcopal Church, CASA, Kane and Kendall counties and as a coach in youth sport’s teams. Additionally, he serves as a special assistant state’s attorney for the Chairman of the Kane County Board and has served as special assistant state’s attorney to the Kendall County Board. Mr. Kinnally has been the attorney for the Kane County Forest Preserve District for the past twenty-five years.
"Reverend Allan Boesak said...
We will go before God to be judged,
and God will ask us,
'where are your wounds',
and we will say
'we have no wounds'
And God will ask
'Was nothing worth fighting for?'
A good portion of my career has been devoted to people who need someone to fight for them. Sometimes you win, other times, you lose. This created a few wounds. Always, I have subscribed to the belief that a good fight is better than no fight, when you know the reason why the fight is worth waging."
- Pat Kinnally