Thomas “Tom” Kilpatrick is a civil litigation attorney in Raleigh, North Carolina. In 2012, he founded Kilpatrick Law Group with his wife, Samantha. Prior to Kilpatrick Law Group, Tom was a partner in a mid-sized Raleigh law firm where he served as the practice group leader of the litigation section.
Kilpatrick Law Group's mission is to help clients make smart decisions to resolve disputes as economically as possible. Some cases need to be tried and some cases need to be settled -- either way, Tom provides excellent advice and representation.
Tom regularly appears in North Carolina’s state and federal courts, and has litigated or arbitrated cases nationally and internationally. He is well prepared for his cases and enjoys litigating in the courtroom. His ability to compellingly and artfully litigate a case in the courtroom helps Tom to negotiate and mediate cases outside of the courtroom.
Tom's practice covers a variety of civil disputes including business contracts, commercial real estate and development litigation, executive compensation, franchising, construction, insurance coverage, fraud, self-dealing, and many other issues. He also assists individuals in matters such as condemnation, employment, trust and will contests, personal injury, and wrongful death.
Tom is a Certified Mediator for North Carolina Superior Court Civil Actions.
In addition to being selected to Best Lawyers in America for 2012-2013, Tom Kilpatrick is rated “AV” Preeminent 5.0 out of 5.0 in the Martindale-Hubbell Law Directory, and has been since 2007. He is recognized by North Carolina Super Lawyers as a Rising Star (2009-2011) and listed among Business North Carolina's Legal Elite (2012) in the area of litigation.
Defense of approximately 83 defendants in federal qui tam litigation — Early in my career, I assisted in the defense of approximately 83 tobacco warehouses from Virginia to South Carolina in federal lawsuits and administrative actions. Although I was a junior lawyer at the time, I became the lead defense counsel for discovery for my firm's clients. In many of these cases, the defendants were each facing civil penalties of several million dollars. The cases were significant to me because I got an early test of my capabilities and a great deal of experience. For example, I recall a specific month during which the lead prosecuting Assistant U.S. Attorney and I deposed approximately 100 people. That experience also taught me the importance of maintaining my professionalism while still zealously fighting for my clients.
International arbitration of employment matter — I have represented clients in arbitrations overseas. In one case, I represented an executive against his former multinational company. Several million dollars were at issue. I was brought into the case after it had already been filed overseas by my client's previous law firm. The case was significant; however, not because of the amount of money or the location, but because I learned valuable lessons: (1) selecting the best venue in foreign arbitrations is critical; and (2) the size of an opposing law firm or the number of lawyers an opposing party hires does not win the case. When it matters most, only one lawyer can speak at a time. It is imperative that clients select the best lawyer to make the right arguments, at the right time, in the right forum.
Estate dispute involving thousands of acres of land — I represented an heir who was already embroiled in a complex estate dispute. The estate had tied up thousands of acres of land and sentimental family farms for years. Obviously, the family did not get along and neither did their lawyers. The case was significant to my client because the resolution of the case would, in large part, determine my client's financial future. I was able to look at the case with fresh eyes, build trust with the parties and their lawyers, and guide my client to a very successful settlement that proved to be a win-win for the family as a whole. The case taught me to be patient and determined to find solutions to problems that others say "can't be fixed" or "will never happen."
Premises liability case with personal injury -- Reflex Sympathetic Dystrophy — I represented a wonderful lady who was injured in a seemingly minor incident of employee carelessness at a major department store. Unfortunately, my client developed reflex sympathetic dystrophy or RSD -- a painful nerve disorder that can be entirely debilitating. Although we were "David" and the department store was "Goliath" with a very large defense firm, we were able to make our case and -- on the eve of trial -- settle the case favorably for my client. The case was significant to my client because her financial recovery secured her future and gave her the ability to focus on trying to beat her RSD. I know that this case and its outcome changed her life for the better.