Attorney John Kennelly of Hartford, CT; lying loser

The state of Connecticut provided John Bailey Kennelly with a law license in 1996

The Statewide Grievance Committee found John guilty of the following misconduct.

In one matter, John represented Jansen & Rogan Consulting Engineers in defending a lawsuit filed by Shoreline Care Limited Partnership. James & Rogan were insured under a $1 million liability policy that contained an expense within the limits provision. Such a provision limits the amount paid to settle the case by the fees incurred to defend the matter.

As the litigation lingers on, the amount of coverage is diminished. Plaintiff’s attorney repeatedly asked John for a statement as to the amount of insurance coverage remaining on the policy. John disclosed only that the policy had a $1 million limit and that the amount of coverage was declining as the litigation continued.

A few weeks later, John and three defense attorneys joined John for dinner. Before entering the restaurant, John made notes regarding the amounts expended and committed under the policy, he knew were patently false. During dinner, defense attorney Garcia asked John to indicate what the remaining coverage was under the policy. John stated that about $520,000 had been billed for legal expenses to defend the case and about $80,000 had been billed but not yet paid by the insurer.

John also told Garcia that there were other fees such as $50,000 for his firm to monitor the case against the other co-defendant, that $25,000 had been spent on an expert witness, that $5,000 was spent on transcripts, that $3,000 had been spent on copies and that $5,000 to $10,000 would be required to close the file. Therefore, John represented to Garcia that approximately $320,000 of the $1 million policy limit remained available for settlement purposes.

The next day, Judge Beverly J. Hodgson conducted a mediation session. During the session Judge Hodgson was made aware of the statements John made at the restaurant the prior evening. At the hearing, John never advised Judge Hodgson that his figures were a fabrication. Judge Hodgson then attempted in vain to persuade defense counsel to settle for $400,000, an amount that John said would be available from the $1 million policy.

Subsequently, Judge Robert F. McWeeny ordered John to provide attorney Garcia with a copy of the insurance policy and to disclose the costs of defending the lawsuit, including attorney’s fees billed, and the specific amount of coverage remaining under the policy. John responded by disclosing that $135,000 had been billed for fees, that $96,000 had been incurred as fees but not yet billed, that about $7,000 had been incurred in expert witness fees, and that $18,000 had been incurred for other claims.

Therefore, the total amount expended or committed was $231,000 not the $520,000 that Johnny lied about previously. Accordingly, the balance remaining under the policy was $725,000 and not the $320,000 that Johnny had falsely claimed during the meeting at the restaurant.

As a consequence of his misconduct, the enablers for Attorney Misfits sitting on the Statewide Grievance Committee punished John by gifting him with a complimentary reprimand.

As we speak (ca. September 2013) John practices with Kennelly & Associate s LLC at 196 Trumbull Street in Hartford, Connecticut.