Kerry Vincent O'Brien

Kerry Vincent O'Brien

4.9
Rating: 10.0

Licensed for 23 years

Employment and labor Lawyer at Austin, TX
Practice Areas: Employment & Labor

1011 Westlake Drive, Austin, TX

About Kerry

Biography

Practice Areas

1

Practice Area

Employment and Labor 100%

Unpaid compensation: commissions, bonuses, executive compensation, salary, overtime wages, employment agreements. That's ALL I do, and only for employees and independent contractors in Texas, as a former Texas assistant attorney general.

18 years | 650 cases

100%

Fees and Rates

Cost

Contingency

33%-33%


Payment Methods

  • Cash
  • Check
  • Credit Card

Looking for an attorney? Avvo can help.

search module image

Search our directory

Quickly connect with top attorneys through our legal directory to get help with your legal issue.

chat module image

Avvo's live chat agents can help coordinate a consultation with a local attorney.

Chat with a live agent who can match you with the right attorney for your legal needs.

Chat with

Licenses

Licensed in Texas for 23 years

State: Texas

Acquired: 2002

Eligible to Practice in Texas

No misconduct found

Location

Law Offices of Kerry Vincent O'Brien

1011 Westlake Drive, Austin, TX, 78746

Ad

Transform legal challenges into solutions.

Connect now to review your situation.

The Avvo Rating explained

display-bg

The Avvo Rating explained

Kerry Vincent O'Brien's Reviews

Avvo Review Score

4.9 /5.0

62 Client Reviews

Showing 6 - 10 of 15 reviews | General Knowledge

Posted by Bradley | October 25, 2021 | Employment & Labor

Brilliant and Kind

Advice helped me get money I worked for and was not paid for selling solar. Smart man with a good heart who sticks up for the taken advantage of. Thank you Kerry!

Kerry O'Brien

Replied last August 10, 2023

Using my law degree to give individuals the leverage they need to get a great result that they could not get on their own gives me a lot of satisfaction.

Posted by anonymous | May 04, 2020 | Employment & Labor

Helped during these Coronavirus Unemployment Times

Kerry helped me tremendously during these trying times due to the Coronavirus and downturn in the economy. He completely explained to me what the laws were related to severance pay and dealing with the TWC. All out of the kindness of his heart. He knows people are needing help right now and it...'s not easy to go see and speak to an attorney. There are not many attorneys that would do this. Thank you again Kerry!

Kerry O'Brien

Replied last September 23, 2021

So glad to be of help here. If I can't formally assist someone, I do try to point them in the right direction or at least give them some general information to be helpful.

Posted by anonymous | June 05, 2019 | Hired Attorney | Contracts & Agreements

Remember the movie Tommy Boy with Chris Farley???

I hired Kerry for a breach of contract case. I'm highly disappointed that I hired him. You cannot trust him to do what he says he will do when you are not around. Kerry will talk like he is a tough attorney, but he is the furthest from tough. As an example, Kerry emailed the opposing attorney tha...t he was going to seek sanctions from the court against them for not providing us pivotal information... When I asked whether he did it? No Kerry didn't get the information nor ask for the sanction. Kerry's response was I was too demanding. YEP GUILTY, I'm a demanding client who asks for you to do what you said you would do. This happened repeatedly. Kerry just isn't capable of pushing the envelope. You will need to supervise his every move, including going to all court dates and depositions of the other side. Why do I say that??? Because in my case while Kerry agreed to ask the questions, we agreed he was going to ask during the deposition, he simply did not ask any of them. Kerry asked scattered questions and did not press for hard answers. Kerry asked a question during the deposition that made him look unprepared and when the response was "no". As crazy as the question was, Kerry just moved on. That is pretty much the way Kerry conducts himself with superficial questions but won't press for real answers or questions. Then there was the deposition of me by the opposing attorney. Kerry was glued to his phone and was so in-depth into something going on, after 5 minutes of opposing side doing something, they were instructed they WERE NOT to do, I the client stopped the video deposition to confront Kerry to get them to stop. Kerry jumped up like an old man caught sleeping on the couch and said, "YES I've noticed that has been going on for a while, that's right that needs to stop". There are several of other qualified attorneys, don't make the mistake I did in hiring him.

Kerry O'Brien

Replied last July 24, 2025

In May 2019, a federal judge allowed my law firm to withdraw from this client's case specifically because of this client's problematic private and public conduct. That federal judge later dismissed the case after the client chose to represent themselves going forward. Attorney-client ethical considerations prevent me from responding in more detail to this review, however, I have zero concerns about how I handled this case - but I do love the movie Tommy Boy.

Posted by Ken | June 05, 2019 | Hired Attorney | Employment & Labor

Excellent lawyer - compensation settlement

I was referred to Kerry by my attorney and for that I am very thankful. My situation involved non-payment of owed commissions. Kerry explained my rights under Texas law and my options. He was very clear in the explaining each step in the process. He won my case handily. Unfortunately, he still... had to put pressure on my former employer to make the necessary payments. He was admirable in applying pressure at the most appropriate times to gain a favorable settlement. Overall, Kerry is very knowledgeable and an expert in his field. He communicated with me on a regular basis and kept me abreast of all possibilities and potential outcomes. I felt he was in complete control of the proceedings. I would not hesitate to hire him again.

Kerry O'Brien

Replied last June 05, 2019

This is a case where my experience with the Texas post-judgment collections process came in handy. A court judgment against an employer means very little if you don't know the legal process to collect on it, and many employment attorneys aren't knowledgeable about that process. Knowing the collections process here made a huge difference in getting the judgment paid 100% in full, and allowed my firm to provide this client with extra value. Although it was ultimately just money, for this client it was also justice for not being paid commissions that he had rightfully earned.

Posted by TD | March 28, 2019 | Hired Attorney | Employment & Labor

Outstanding Results with a Caring Professional

I have several years of dealing with attorneys on a work level and had to obtain Mr. O'Brien's services for my own behalf because of a past employer. His insight on the issues, understanding the law and how the dynamics or intents were applied when the laws were written and following up on all matte...rs in a timely and professional manner led to an outcome that was to say the least WONDERFUL. Kerry kept me informed on every step that he was planning on taking and why. During this whole time, I was 1200 miles away from his office, but he was accessible to me as if I were walking across the street to speak with him when need be. Not only did his knowledge of the law and the understanding of the opposing parties including their attorney assist in a positive outcome for me, he did all this while being a true gentleman to everyone and showed a genuine caring attitude for helping the case become settled. Kerry explained what to expect and how they would rebut everything presented to not settle and he was spot on with his predictions. You only see this type of intuitiveness when a person has the solid background of dealing with these issues time after time and putting that information into a clear thought process that can be explained to anyone and then helping ease the anxiety we all feel when we are in these situations. I am very relieved to be past this drama that has been affecting my family and myself, but I am grateful that I reached out to Kerry and that he accepted the challenges.

Kerry O'Brien

Replied last March 28, 2019

This client came to me with what he believed was just a decent-sized claim, but we were able to turn it into something much bigger, and it was a pleasure helping this outstanding client get a great result after a difficult ending to their job.

See All Client Reviews

Kerry Vincent O'Brien's Lawyer Endorsements

Endorse Kerry
Adrian Matthew Resendez headshot
Adrian Resendez

Employment and labor lawyer | Sep 13

Relationship: Worked together on matter

"Kerry is one of the most passionate attorneys that I have had the pleasure of meeting and working with."

Rhett Lane Hoestenbach headshot
Rhett Hoestenbach

Employment and labor lawyer | Jul 06

Relationship: Worked together on matter

"Great attorney! I endorse this lawyer."

Amanda Michelle Bergstrom headshot
Amanda Bergstrom

Employment and labor lawyer | Mar 16

Relationship: Fellow lawyer in community

"I endorse this lawyer. I met Kerry at a meeting through the Austin Bar Association several years ago. He is knowledgeable and passionate about helping his clients and I would refer a friend to him."

John K Lassen headshot
John Lassen

Unknown lawyer | Mar 12

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Angela Faye Brown headshot
Angela Brown

Employment and labor lawyer | Jul 15

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Robert Werner von Dohlen headshot
Robert von Dohlen

Employment and labor lawyer | Jun 10

Relationship: Fellow lawyer in community

"Mr. O'Brien is a well-respected member of the legal community; he has a fine reputation and is highly recommended. I met Kerry at a Continuing Education class for fellow attorneys; he made a great presentation that demonstrated not only his intellect but also deep care and concern for his clients and others in his life."

Lori Elaine Hall Laird headshot
Lori Laird

Employment and labor lawyer | Jun 08

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Sherrie Haussner Travers headshot
Sherrie Travers

Employment and labor lawyer | Jun 08

Relationship: Fellow lawyer in community

"I endorse Kerry O'Brien. He is knowledgable in employment/labor law as well as commercial itigation. I will not hesitate referring my clients to him."

Andrew Michael Tolchin headshot
Andrew Tolchin

Employment and labor lawyer | Jan 08

Relationship: Fellow lawyer in community

"I endorse Kerry O'Brien for employment law, business law, and many fields of practice. Kerry is a consummate professional, very knowledgeable, and has an excellent demeanor. When I have legal issues in Austin, Kerry is someone I look to."

Trenton Lane Kelly headshot
Trenton Kelly

Commercial real estate lawyer | Sep 25

Relationship: Opposing Counsel on matter

"I endorse Kerry without reservation and would recommend him to any client seeking legal counsel. The majority of my personal experience with Kerry came from a partnership dispute case in which I was opposing counsel. The case was complex in that it had multiple moving parts and the clients on each side had personal relationships outside of their partnership that created unique challenges. Kerry worked tirelessly for his clients and effectively and persuasively communicated their position. Ultimately, we were able to resolve the case without going to trial. This result was largely based on Kerry's fine work and professionalism. I have since referred cases to Kerry and have only heard great things from each person who has worked with him. If you are looking for a great lawyer who will provide you with personal attention, look no further."

James Daniel Parker headshot
James Parker

Employment and labor lawyer | Apr 07

Relationship: Fellow lawyer in community

"I endorse this lawyer. He's very knowledgeable and capable."

View All Endorsements
Adrian Matthew Resendez headshot
Adrian Resendez

Business lawyer

Amanda Michelle Bergstrom headshot
Amanda Bergstrom

Estate planning lawyer

Sade Ogunbode headshot
Sade Ogunbode

Debt settlement lawyer

Tony Ray Bertolino headshot
Tony Bertolino

Administrative law lawyer

Andrew Michael Tolchin headshot
Andrew Tolchin

Personal injury lawyer

Rhett Lane Hoestenbach headshot
Rhett Hoestenbach

Personal injury lawyer

Trenton Lane Kelly headshot
Trenton Kelly

Business lawyer

Experience

Rating:  10.0 (Superb)

Honors

2025

SuperLawyers, Thomson Reuters

2024

SuperLawyers, Thomson Reuters

2023

SuperLawyers, Thomson Reuters

2016

Board Certified - Labor and Employment Law, Texas Board of Legal Specialization

Work Experience

2008 - Present

Attorney and Owner, O'Brien Law Firm

2003 - 2007

Assistant Attorney General, Office of the Attorney General of Texas

2002 - 2003

Hearing Officer, Texas Workforce Commission

Associations

2015 - Present

Texas Bar Foundation

Fellow

2012 - Present

Texas Employment Lawyers Association

Member

State Bar of Texas Employment Law Section

Member

State Bar of Texas, Litigation Section

Member

Austin Bar Association

Member

Sample of Legal Cases

McSwain v. Act Global Americas, Inc.

$152,000 in sales commission + $60K attorney fees and $27K of interest

Warren v. Revolution Insurance Technologies

$425,000 (resolved on confidential terms during post-award receivership)

Rekiel v. Wardlaw Consulting Group, LLC et al.

$504,000 awarded to client, as well as a jury finding entitling her to hundreds of thousands of dollars in future commissions. The ongoing dispute was resolved post-trial on confidential terms.

See More Legal Cases

Education

2002

University of Texas School of Law

Speaking Engagements

2016

Employment Law 101

Winning Unemployment Appeals

2014

People's Law School

Employment Law for Employees

2014

Austin Bar Association, Labor & Employment Law Section

Inside the Mind of a TWC Hearing Officer

2013

People's Law School

Employment Law for Employees

2012

Peoiple's Law School

Employment Law

2011

People's Law School

Employment Law

2010

Personal Injury Practice for Paralegals

Mediating, Negotiating and Trying Personal Injury Cases

Publications

2016

Employment Law 101 - Texas State Bar Handling Unemployment Appeals

Languages

English

Activity

Avvo Rating

Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.

What determines Avvo Rating?
  • Experience & background Years licensed, work experience, education
  • Legal community recognition Peer endorsements, associations, awards
  • Legal thought leadership Publications, speaking engagements
  • Discipline Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.
Avvo Rating Levels
10.0 - 9.0 Superb8.9 - 8.0 Excellent7.9 - 7.0 Very Good6.9 - 6.0 Good5.9 - 5.0 Average4.9 - 4.0 Concern3.9 - 3.0 Caution2.9 - 2.0 Strong Caution1.9 - 1.0 Extreme Caution