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Kelly H Macfarlane

Personal injury Attorney at Ogden, UT

5.0   24 reviews

also known as Macfarlane LegalWorks

  • Licensed for 36 years
    State UT
    Acquired 1988
    Status
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Kelly

Learn Kelly’s areas of practice.

 Mr. Macfarlane represents people who have suffered personal injuries such as severe injuries from accidents, product liability issues and medical malpractice. He has handled over 12 spinal cord injury cases which included paralysis. He has particular experience in cases where the injury and medical expenses exceed the policy limits of any insurance that covers the accident. He has worked on numerous cases fighting Medicaid or other health insurance liens poised to take all settlement funds from the injured client. He has obtained many verdicts and settlements in excess of $1,000, and handled 3 cases where the settlement was over $4,000,.  Mr. Macfarlane serves as National Counsel for the largest basketball equipment manufacturer in the world.

He understands what you are going through because he is an accident victim himself.  When he was 17 years old, he was hit on his motorcycle by a distracted driver.  As a result, he had his left leg amputated 7 inches above the knee.  He also was in an accdient where a driver fell asleep resulting in two compression fractures of his back.  So he understands the medical bills that flood in for accident victims and the ongoing problems that they can face victims for the rest of their life.  Wouldn't you rather have an attorney that is not just good at what he does, but also understands exactly what you are facing?  In most instances, he can represent you without charging a fee until he wins your case.  Except for medical malpractice cases, he can represent you for only 25% on any case before filing a complaint, where most lawyers charge up to 40%.  Why would you do that when you can have a lawyer with 33 years of experience at a full 25% less in fees. 

Specialties: Utah law on product liability personal injury, personal injury litigation, spinal cord injury, traumatic brain injury, insurance coverage litigation, catastrophic personal injury, wrongful death, fair debt collection practices, insurance bad faith injury, uninsured and underinsured motorist injury, motorcycle and bicycle personal injury, boating injury, Utah Medicaid liens, and negotiation of personal injury cases.

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Hobbies

Location

Kelly H. Macfarlane, PLLC
205 26 th Street, Ste. 21
Ogden, UT, 84401

Personal Injury lawyers nearby

Reviews

5.0 / 5.0
  24 customer reviews
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Posted by Robert | February 22, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Rear ended by a semi truck
Kelly and I became acquainted after I was rear ended by a semi truck. I was hit while the driver was searching the floor of his truck for dropped candy. He caused about 50,000.00 of damage to both vehicles. I sustained retinal damage to my left eye and had 127,000.00 of medical bills. You’d think that an accident caused by such driver negligence and expense would be quickly settled. Not so.. Luckily, with his training and years of experience, Kelly countered the insurance company and succeeded in obtaining a very satisfactory settlement.. Thank you Kelly
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Response from Kelly Macfarlane February 27, 2024
This 100% liability accident should have been resolved by the insurance company soon after the accident. Instead, they never offered him anything despite being provided all the medical records. The attorney that was hired also got multiple extensions which dragged the case out for years, but we refused to back down and forced the insurance company to pay $125,000 more than we initially offered to settle for immediately following this accident. This is a good example of the insurance companies making it impossible for people to handle their own claims. They put up every roadblock they could to try and dissuade claimants from pursuing the just resolution of the claim.
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Posted by Austin | February 17, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Best attorney!
Kelly advocated for us swiftly and confidently. He is a strong advocate for his clients and possesses high-level skills and knowledge of the law as it pertains to each case. Kelly communicates with clients and opposing council in a win-win approach. He worked tirelessly to ensure a positive outcome. We trust Kelly and highly recommend him.
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Response from Kelly Macfarlane February 27, 2024
Austin was a great client who was seriously injured as a passenger while he was taking a driving course to get his driver's license for the first time. In this instance, the claim against the other driver was easy to handle for him. But, as is often the case, the second claim that is filed on the car you are riding in for underinsured motorist coverage, was fought by the insurance company and they hire counsel to oppose this 100% liability claim. The insurance company would make no offers of settlement to Austin until they hired an attorney to fight the claim and it was more than a year after the demand was sent to his own insurance company for UIM coverage before it was finally settled for the appropriate value of the case. Interestingly, Underinsured Insurance regulations require them to respond to a demand within 30 days after the demand is received. So, again, we see that insurance companies seldom make it possible for claimants to handle their own claim unless they just want to be bullied into an unfair settlement. This is true even though the insurance company for your own car in which you were hit, has duties of good faith and fair dealing and statutory obligations to respond timely to a claim unless they specifically ask for more time. They have a duty to timely investigate a claim and respond with a fair settlement offer. They seldom meet this obligation. We are glad we were able to serve Austin in this case and make them treat him fairly.
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Posted by anonymous | November 15, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Professional, Timely, and Caring
I hired Kelly just 2 days after a motorcycle accident where the other driver was at fault. The day that I called him he came to the hospital not only to explain my options, but also to see how I personally was dealing with the trauma. He then helped me to decide on the correct path forward and immediately began working to make sure that the insurances companies held up to their responsibilities. With his help my case was settled quickly and for the full amount. I have no doubt without his help this would have gone on for years.
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Response from Kelly Macfarlane November 15, 2023
Of course, I wanted to go see how this client was feeling. He was in the exact same motorcycle accident as I was when I was 17 years old. We believe that our quick action is going to be the key in preventing his health insurance company from trying to claim all of his settlement funds.
Posted by Tyrel | November 2, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Best Attorney Ever!!!
Our life was entirely turned around in the blink of an eye with a tragic car accident. it was a long painful journey of recovery and financial struggle as we were trying to keep our heads above water. We were so grateful to have hired Kelly Macfarlane to represent us. He was able to guide us through the process allowing us to keep our hopes alive all through the struggle. His expertise and experience were invaluable. I would recommend him to anyone.
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Response from Kelly Macfarlane November 15, 2023
This was a clear, liability accident, but because the other driver had very high limits, they just could not fathom the extent of the injuries and the loss of income. We tried hard to get them to be fair with the claim without filing litigation. However, Insurance companies have a very difficult time paying out millions of dollars without forcing you to sue their own insured. I think this is unfair. I don’t buy insurance so that my insurance company will hassle some poor soul who I may have injured on accident. I want them to take care of it and treat them fairly. The last thing I want is for my own insurance company to tell the victim to sue me. That is exactly what happened here. The attorney for, Allstate told me to sue their insured because they just were not gonna pay that kind of money without “kicking the tires first.“ It is this attitude by insurance companies that necessitates good representation to make them pay the full and fair settlement amount.
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Posted by Laurissa | October 30, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Awesome As Always
Christmas Day a drunk driver totaled my vehicle and my family. My husband and son went with Debry, one of the tv attorneys He still hasn’t finished his case. My daughter and I went with Kelly Macfarlane. Kelly was able to settle with the at fault insurance, my health insurance and my auto underinsured insurance. Not only did Kelly settle the case fast, but I got the maximum amount. I’m glad I picked Kelly Macfarlane. We really needed the money to pay for surgeries and treatment for my husband, because my husbands attorney dropped the ball. Kelly was fast but he had awesome communication throughout the whole process. I knew what was happening and what I needed to do. Thanks Kelly, you’ve were a huge help in my time of need.
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Response from Kelly Macfarlane November 15, 2023
I’ll be honest, when I heard that these prior clients had hired Robert Debry and associates for two of their family member claims, before they hired me for two other claims from the same accident, the race was on. Even though the other law firm had a huge Headstart, we collected full policy limits on two insurance policies, and the money was dispersed, and to the clients long before the other law firm even stuck their head out of the gates.
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Posted by Paul Hansen | January 11, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Extremely Thankful!
We contacted Kelly after 3 years trying to work with insurance company from a an accident my wife was hit almost broadsided. She had a fracture collar bone and required several surgeries. We didn't want to use a lawyer but after a really long time of slow communication and endless waiting, we called Kelly. He immediately sprung in action. He was very experienced with these types of cases and knew exactly how to work with both the other person's and our insurance companies. He kept us informed all along the way. He was personable and knew the right questions to ask to prepare the paperwork and negotiate with insurance company. Most of all, he was very personable He was able to get a great settlement and ecstatic with the outcome. Take our word, never try to deal with the insurance by yourself, it doesn't work. I would recommend Kelly McFarland to anyone.
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Response from Kelly Macfarlane August 11, 2022
The Hansens are a good example of why going it alone against an insurance company is not advisable. We were able to get two sizable settlements and fight the health insurance liens who wanted to take the Hansen’s money once it settled.
Posted by Brandi | July 28, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Amazing Attorney
He just took over and made my worries go away! Very thorough and always took the time to answer any questions. I would recommend 100%!
Posted by Roddy | April 24, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Roddy Horton
Kelly jumped in and took care of business. Would reccomend him to anyone. Kelly was precise in his instructions for completing my part and took care in completing his. He responded promptly to phone calls and all my inquiries.
Response from Kelly Macfarlane April 26, 2019
This client just needed some help resolving some liens on his settlement and execution of the agreements. We were happy to partner with his attorney to assist with the conclusion of the case and avoiding the efforts of the insurance company who wanted to reduce the settlement by several thousand dollars by paying some of it to another insurance company instead of to him.
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Posted by Shawn | April 24, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Finally an honest attorney
I hired Kelly in my personal injury case with a disdain for attorney's. Kelly proved to me that there are good attorney's and most of all honest ones. His sense of humor throughout the proceedings helped to make it more pleasurable. Kelly got me the settlement value that we discussed up front in a reasonable time frame keeping to his very reasonable fee agreement with no hidden surprises. I would use Kelly again in a second without hesitation and you should too. Kelly is not only highly knowledgeable about personal injury and insurance companies, he is a true fighter!
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Response from Kelly Macfarlane April 26, 2019
Shawn had been treated poorly by a couple of attorneys that legitimately soured his opinion of attorneys
Posted by C. J. | April 24, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Dog bite
Having never consulted an attorney before, we were unsure how this experience would be. Kelly patiently guided us through the process and explained how things would work, sometimes several times. Without his expertise, our experience would have been a nightmare. He was professional, engaging, and got the job done for us. We would definitely retain him again, should the need ever arise.
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Posted by Craig | April 23, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Thank you Kelly for your absolute professionalism delivered in such a personal way.
I lost my spouse in a terrible traffic accident which I survived. Although we paid insurance premiums monthly for years, our insurance company hung me out to dry and snowballed me with paperwork and unanswered phone calls.In my grief, I was unable to function and no idea about how to proceed. But when I began to take small positive steps to build a new life, I came across Kelly's ad on the T V late one evening. A few days later Kelly arrived at my home and we talked at the dining table. Mr Macfarlane was able to explain everything to me about how insurance companies act in cases like mine and what would happen in the upcoming months. A few days after his visit I hired Kelly. He has always been honest and patient with my many questions. His kindness has been instrumental in helping me start down a new path-thank you so much Kelly.
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Response from Kelly Macfarlane July 28, 2020
This client suffered such a tragic loss of his soul mate in a trucking accident where they were both in the tractor trailer at the time they were rear ended by another truck while its driver was reaching down to get a piece of candy he dropped. There were no less than 4 different insurance companies fighting over the money that was available in the accident. This happened back east and we were able to get the full $1,000,000 policy limits and reduce the claims of the other insurance companies who were trying to take the money that belonged to Craig for the accident. We also got the medical bills reduced for the treaters who were filing liens on Craig’s settlement funds. We did all of this work for him at our reduced rate of 25 %. He was such a great client and we remain friends since helping him in this accident.
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Posted by Devin | April 23, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Dependable from start to finish
While attending graduate school I was involved in an accident while sitting at a red light that totaled my vehicle and caused a chronic back injury. I had medical bills piling up, tuition, a baby on the way, and could no longer work my construction job due to my injury. We started to feel helpless when the other party's insurance kept delaying. As soon as Kelly heard about my situation he wanted to help. After talking with Kelly I felt relieved and knew that he would advocate for me. He has had my best interest in mind, both physically and financially, as he's worked to ensure a resolution. Although the process has taken longer than we all originally thought, he continues to advise and make sure that I will be taken care of in the future. I would highly recommend Kelly for any of your injury needs as his experience and expertise are invaluable.
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Response from Kelly Macfarlane August 11, 2022
This. case arose when a dementia patient got the keys to a car and drove several blocks almost hitting several motorists. Then he drove headlong into the rear of this client’s vehicle. The case was tricky because the dementia patient died a year later and this changes when a complaint has to be filed. Many attorneys may have missed discovering that the defendant later died and would have failed to timely file a complaint. As a result we were able to maximize a settlement on a case that happened in Colorado.
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Posted by Pauline | April 23, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Dog bite
Kelly was great to work with. We had no idea where to even begin with all the bills and the physical problems that we were facing because of the attack that occurred from a dog as I was riding my bike. Kelly was very knowledgeable and helpful in getting us what was fair in coving and paying the many bills that we are even still today accruing. We would have been in big financial trouble had we not had Kelly working for us with the owner of the dog’s insurance. We were dealing with just trying to heal and recover and it was so nice to have Kelly do all the leg work. Hands down, I would recommend Kelly to anyone who is in need of some help after an accident. He is fun to work with and has a great sense of humor as well.
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Response from Kelly Macfarlane July 28, 2020
This client suffered a severe ankle injury when a neighbor’s dog attacked her on her bike while riding past his property. Cases involving a neighbor are tricky and insurance companies like to avoid paying by capitalizing on the reluctance to file a claim on a neighbor’s insurance. Here we were able to explain to the neighbor that he had paid premiums for years and that his insurance now owed the money on the policy to his neighbor and that it was a good thing he had increased his limits. The case settled for the full $300,000 limits. We also got the health insurance lien reduced so they kept more in their pocket. We did this all for our reduced fee of 25% and client did not have to even file a complaint against her neighbor.
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Posted by John | May 4, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Came recommended
I was recommended by a friend, and i'm glad i chose to hire Kelly and his staff to handle my case. I would and will recommend Kelly and his staff to others in need of their services.
Response from Kelly Macfarlane April 23, 2019
We were able to get John's case settled for the policy limits quickly and now are getting his UIM limits tendered from his own insurance carrier.
Posted by Alisha | May 3, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Quick and painless
Kelly went above and beyond to help settle our motorcycle accident claim. He is very thorough and explains everything in detail. In a time of chaos and pain he helped calm our minds knowing we had the best lawyer on our side.
Response from Kelly Macfarlane May 5, 2018
This case was so important because we rushed to get it done so quickly that the health insurance company could not file liens on their settlement and take their money from them. It all went to the family to help with his recovery. And they were great clients to work with.
Posted by Troy | March 13, 2017
This review is from a person who hired this attorney.
| Hired Attorney
The Right Man For Us
My wife had a slip and fall accident that has forever changed her life and all of the lives of those who love her. The doctors all agree she will end up with an above the knee amputation due to the negligence of another party. We called several other attorneys and we got mostly apathy. Not from Kelly ! Our case has yet to go to be litigated, but he has been so through and professional. From the beginning he has been personable, empathetic, and so very kind I have no doubt in my mind that we made the right decision to call Kelly. I highly recommend Mr. MacFarlane. Stay tuned, more to come. Troy Stay tuned. More to come
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Response from Kelly Macfarlane April 23, 2019
We were able, after hiring an expert and filing a complaint and taking out of state depositions to get this matter settled for these clients $155,000.
Posted by Cathy | February 2, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Called Kelly after...
I called Kelly after an accident. He was calming reassuring and understanding of my situation. Very helpful and knowledgeable.
Response from Kelly Macfarlane April 23, 2019
This young woman was hit by a uninsured drunk driver. If that was not bad enough, her own insurance tried to claim her coverage lapsed and an in depth and intense examination under oath process began where her own insurer was adverse to her in 4 different examinations under oath with a very aggressive law firm. In the end, the insurance company acquiesced that the coverage was valid and we are about to get them to tender the policy limits.
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Posted by Adam | January 6, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Kelly Macfarlane
After consulting many different lawyers I hired Kelly Macfarlane to represent myself and my daughters mother in relation to an auto / pedestrian accident which resulted in my daughters untimely death. Kelly worked tirelessly to make sure we were compensated by the insurance companies to the fullest extent of the law even when the insurance companies did not want to pay what was owed. When it comes to insurance claims this is a fight that you do not want take on by yourself. Kelly Macfarlane is the right man for the job and the lawyer that you want in your corner to fight these kinds of battles for you. In my specific case he was very professional and sensitive to our needs as grieving parents. He kept us up to date and was always available to answer any questions that we had for him. Kelly comes highly recommended by people in his field and I would highly recommend him to anyone that needs a good attorney.
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Response from Kelly Macfarlane January 24, 2017
Such a pleasure to help this great family. Unlike the attorney before me, we were able to get all of the insurance companies to treat this tragic death as two separate claims because she was struck by two different cars. This resulted in doubling the recovery available. The previous attorney was about to settle the claim as just one claim. It was a close call that would have lost the family over $150,000 in additional coverage. Plus we added 4 no fault policies on top of each other at no charge.
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Posted by Mindy | November 30, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Best experience I could have imagined!
I rarely post reviews but I feel like I need to this time because our family has been so lucky to have found and hired Kelly MacFarlane to be our attorney in the head on collision we experienced in October. My favorite thing about Kelly is his humanity. He is a good man! And he cares about people. He's been in more than one serious car accident, one where he lost his leg, so he understands. He is also very smart, an expert in his field which is a great advantage when looking for a lawyer of any kind. Without him, my medical bills which were over a hundred thousand dollars wouldn't have even been covered. But he knew tricks and how to work with the hospital in ways that we certainly didn't. So we did far better to have a lawyer than to not hire one! I was worried initially because lawyers are so expensive that it would be a poor choice but I couldn't have been more wrong. He saved us financially. I also can't walk or drive right now so he sent a notary right to my door. He was so quick to meet our needs, determined in working with the insurance companies and remarkably warm and easy to talk to. I was scared of saying the wrong thing in my statement to the insurance companies because I've heard stories from friends and family where they were baited into saying things and then the insurance wouldn't cover the claim. But he talked to me and I felt so much better and prepared in honest ways to do my part with my integrity in tact. He is a good, honest man. And that's what was so important to us. How can you tell that when looking at pictures online? It's so hard! We were so grateful that he came recommended highly by someone we trusted, my brother who is also an attorney. We felt like Kelly really put all he had into helping us in any way he could. I think he's wonderful! I would have been lost without his wisdom and kindness. With him, we came out on top and our needs are met with a little extra to spare. We love Kelly and would recommend him to anyone!
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Response from Kelly Macfarlane January 24, 2017
This family was so fun to help. Because of the swift work we did on this case, we were able to have 4 policy limits tendered before any hospital liens were filed or health insurance liens that would have easily taken all of Mindy's claim and most of her son's claim. People just do not realize that when you hire an attorney, it is best to hire them while you are still in the hospital because liens are forming that will take hundreds of thousands of dollars of your settlement. Many attorneys only concentrate on how much they can get for a client instead of how much the client gets to keep, because the attorney fee is the same whether they act swiftly or slowly. Timing is everything.
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Posted by Vicki | September 22, 2015
This review is from a person who hired this attorney.
| Hired Attorney
Exceptional, Outstanding, Caring, Superb...are only a few words to describe Kelly!
Kelly is OUTSTANDING! The entire team was behind me and my family 100%. I never had a doubt that this was the right firm for us. After consulting with two lawyers/firms we had all but given up until we met with Kelly. He was so personable, thorough, and understanding of our situation. He always had our best interest during such difficult circumstances. He fought to great extent for my family. Kelly, thank you for your compassion, attention to detail and taking the time to address all of our concerns. I don’t have words to thank him enough for everything he has done. We are extremely grateful. I would HIGHLY recommend Kelly.
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Response from Kelly Macfarlane April 23, 2019
This was an accident where our client suffered a sever brain injury and was denied coverage from the insurer because they thought they could invoke the "commercial truck" exclusion. Unfortunately, the truck was only a 10 foot box van. Ultimately, the we pursued the insurance company for bad faith and instead of paying their $300,000 limits they paid several million dollars which was badly needed by this family to care for their sister and daughter.
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Cost

Rates
  • Contingency 25%-33%
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 8.8 (Excellent)

Work Experience

  • Owner
  • Kelly H. Macfarlane, PLLC
  • 2016 - Present
  • Shareholder
  • Christensen & Jensen, PC
  • 1985 - 2016

Education

  • University of Utah S.J. Quinney College of Law
  • Doctor of Law (J.D.)
  • 1987
  • Weber State University
  • B.S.
  • 1984
  • Dixie College
  • Associate of Science
  • 1982

Sample of Legal Cases

  • Ellis v. Estate of Ellis, 169 P.3d 441, Utah 2007
  • Won both issues and Insurance had to pay their policy limits

Associations

  • Phoenix Services, Inc.
  • Board Member
  • 2013 - Present
  • Chairman of the Board, Phoenix Services, Inc.
  • Chairman of the Board
  • 2007 - 2013
  • Christensen & Jensen
  • Vice President
  • 2000 - 2016

Languages Spoken

  • English

Honors and Awards

  • Super Lawyer for Personal Injury 15 years in a row 2010-2024
  • Mountain States Super Lawyers
  • 2024
  • Distinguished
  • Martindale-Hubbell
  • 2019
  • Super Lawyer
  • SuperLawyers
  • 2010
  • Utah Legal Elite 2008-2017
  • Utah
  • 2008
View all awards

Publications

View all publications

Speaking Engagements

  • Legal Assistants Association of Utah
  • Presenter: “Automobile Insurance Law” for the Legal Assistants Association of Utah 200
  • 2000
  • Taggart Symposium
  • “Uninsured/Underinsured Motorist Coverage in Utah” Taggart Symposium for Insurance and Financial Planners at Brigham Young University 1997
  • 1997

Attorney endorsements

Received (5)
Given (0)
Endorse Kelly
Personal injury Attorney | Jun 23
Relationship: Fellow lawyer in community
"I endorse this lawyer. Kelly is an excellent attorney in every way. I would trust him in nearly any matter in the insurance/personal injury area."
Personal injury Attorney | Jun 22
Relationship: Fellow lawyer in community
"Kelly is extremely knowledgeable and skilled."
Personal injury Attorney | Jun 22
Relationship: Fellow lawyer in community
"Kelly is a terrific lawyer. He is very smart and creative. He has a ton of experience. I highly recommend him!"
Personal injury Attorney | Nov 04
Relationship: Worked together on matter
"I have worked with Kelly for about three years now and I continue to be impressed with his absolute mastery of his craft. Kelly and I have worked on a variety of products liabiltiy related issues and Kelly has a unique understandng of the negotiations process, the law, and the practical aspects of any given situation. Kelly also has a unique ability to convince key stakeholders to take the emotion out of a decision so that the best reasonable outcome can be reached. I have also appreciated Kelly's attention to detail with billing and other practises. Kelly is very aware of the client and their needs and limitations both with budget and capacity to manage a given situation. I give Kelly my highest recommendation."
Litigation Attorney | Sep 11
Relationship: Worked together on matter
"Kelly Macfarlane is one of the best attorneys I know. Clients love him. He's a dedicated litigator, and a tremendous negotiator and advocate. Kelly continues to teach me each week, each month. I can't imagine a situation where I am not practicing law with him. If I ever needed legal advice or representation, I would be calling Kelly."
This attorney hasn't created any attorney endorsements recently on Avvo.