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

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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

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Kerry Vincent O'Brien's Reviews

Avvo Review Score

4.9 /5.0

62 Client Reviews

Showing 26 - 30 of 62 reviews

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 Danial | June 05, 2019 | Hired Attorney | Employment & Labor

Excellent Lawyer

Kerry was my lawyer in the recovery of unpaid bonuses from a previous employer. The whole process went very smoothly. We were able to negotiate a settlement exceeding my expectations. During this entire process, I never actually met Kerry. We did all our communications via emails and phone. I contact...ed him based on his quality reviews online. He promptly responded to my initial query. He was very thorough and explained everything clearly. Negotiations and the further process was in line with his initial assessment. I will highly recommend him to everyone. Lawyer like him are very rare. He is driven by the desire to genuinely help his clients. I wish him all the best for his future endeavours.

Kerry O'Brien

Replied last June 05, 2019

This is a case where I moved quickly and invested a lot of time at the outset to push for this client's best result before we had to file a lawsuit. As he said, the result exceeded his initial expectations, and you can't beat that.

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 anonymous | April 17, 2019 | Hired Attorney | Personal Injury

The Grateful One...

This review is long overdue and I'm truly embarrassed for not posting this before as people need to know what kind of an attorney is Kerry O'brien. Kerry handled 2 cases for me, one in which he so victoriously won and a second that I know (in my heart) he will also win. Both cases were extremely comp...lex, however, Kerry is such a dedicated human being and caring (although he might not always express it), he is truly an amazing attorney. Kerry is extremely professional, dedicated, knowledgeable, persistent, detailed, strong-willed, humble and most importantly a FIGHTER! We all want someone who will have our best interest at heart specially when the reasons for hiring an attorney is due to reasons such as illegal and wrong doing on behalf of others (companies/individuals). I ABSOLUTELY and HIGHLY recommend Kerry as an attorney – no doubt about it. I am FOREVER GRATEFUL to this human being who took on my pain and fought so vigorously for me and my toddler. If you’re looking to hire an attorney who will not only care for you based on the income you’ll provide BUT for someone who actually cares and will fight for you with all of his strength then you MUST hire Kerry O’brien. You can read about one of the cases he won for me by visiting his website. I just wished he knew enough how grateful I am for him and for finding him along the way. I pray for this man often and I hope that everything good he does for others will come as back as a blessing for him, his wife and his adorable children. Kerry deserves 100 stars!!!

Kerry O'Brien

Replied last April 17, 2019

This client's justice was long overdue. The case that previously went to trial was a tough one, but the client was strong and poised and did a fantastic job telling the client's story. Her gratitude was palpable then, just as it is in the review of above. A true privilege to help.

Posted by anonymous | April 17, 2019 | Hired Attorney | Employment & Labor

So Glad I Found Kerry to Help Me!

I was already approved and receiving unemployment benefits from my previous employer. I took on a job as an independent contractor for only a few days. After calculating the expenses I had to dish out, wear & tear on my vehicle, mileage, & payments I was receiving for the time & jobs I had done, I re...alized I was working for less than minimum wage. So I no longer took on any more of jobs from that company. Being honest, I reported those wages to TWC when I did my payment request, which they approved in my favor. Well, the company decided to file an appeal saying that I was NOT ELIGIBLE for benefits and I was to be part of a tribunal hearing. I contacted Kerry immediately with all my info. I was so worried & stressed that I was going to lose all my benefits. Kerry went above and beyond to help me with my case and the company ended up withdrawing their appeal. I did not have to appear for the hearing and did not lose any of my benefits. I am so glad I found Kerry and I definitely recommend him if you are having any issues with unemployment, claims, hearings, etc. Thank You Again Kerry for all your Help!

Kerry O'Brien

Replied last April 17, 2019

This client was one of my "worriers" - who I am always grateful for the chance to help, with the first order of business taking the worry off of their shoulders. I'm so glad we were able to get this unfair situation resolved in her favor.

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

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