J. Austin Franklin

BIOGRAPHY

Austin Franklin is a successful trial lawyer and a partner in the firm’s Litigation section.  Mr. Franklin’s practice focuses on representing individuals, corporations, and other institutions in a wide variety of litigation in state and federal courts.  His business litigation experience includes representing clients in lawsuits involving contractual and business fraud disputes, breach of fiduciary matters, intellectual property disputes, misappropriation of trade secrets, real estate conflicts, construction litigation, oil and gas conflicts, partnership disputes, and product liability.  Mr. Franklin also successfully represents clients in a broad spectrum of highly complex probate, family, and employment matters.

Mr. Franklin served as law clerk to the Honorable Mark T. Pittman and the Honorable Terry R. Means at the United States District Court for the Northern District of Texas.

Prior to joining Kelly Hart, Mr. Franklin served on active duty in the United States Army Judge Advocate General’s Corps representing the Army, military personnel, federal government employees, and federal agents. He gained extensive litigation experience in federal courts and courts-martial, and advised clients in matters related to national security, military law, administrative law, consumer protection, probate matters, and family law.

EXPERIENCE AND HIGHLIGHTS

Commercial and Civil Litigation

• Obtained a $7.5 million jury verdict/judgment on behalf of mining company against rock crushing manufacturer regarding warranty and negligent misrepresentation claims after two-week trial
• Successfully defended multi-million-dollar trade secret misappropriation claims asserted against local aerospace manufacturer in a highly complex, six-week jury trial in Tarrant County District Court
• Successful summary judgment dismissing personal injury claims against a major airliner headquartered in Fort Worth in the United States District Court for the Northern District of Texas
• Successful summary judgment dismissing claims for fraud, breach of contract, and breach of fiduciary duty against local aerospace manufacturer in the United States District Court for the Northern District of Texas
• Secured advantageous settlement for local small business owner sued by employee for the creation of a hostile work environment
• Obtained temporary injunction for Texas-based funeral home company against former executive to enforce non-disclosure and non-compete provisions of employment agreement
• Successful summary judgment dismissing breach of contract claims in Tarrant County District Court involving a significant real estate transaction representing locally based multinational company with expertise across the spectrum of real estate development
• Obtained pre-litigation settlement to avoid costly legal expenses on behalf of local investor defrauded by managers of a purported cannabis investment fund
• Prosecuted breach of fiduciary duty and breach of contract claims on behalf of minority shareholder against a local mid-sized business in binding arbitration
• Obtained favorable divorce decree following a bench trial involving the division of a complex marital estate, including disputed business ownership and millions of dollars’ worth of marital property
• Secured advantageous settlement for high-net worth widow facing claims to the estate of her deceased husband by her husband’s adult children in Tarrant County Probate Court

Active-Duty Service in the United States Army Judge Advocate General’s Corps

Trial Defense Counsel

• Provided legal representation and support to the soldiers of the 1st Infantry Division and Fort Riley
• Represented soldiers at courts-martial, separation proceedings, administrative hearings, and throughout criminal investigations

Special Assistant to the United States Attorney

• Secured multiple convictions as Special Assistant to the United States Attorney for the United States District Court for the District of Kansas

Operational Law

• Advised commanders in the area of operational law, fiscal law, and administrative law
• Provided legal advice to General Officers for hundreds of deliberate and dynamic strikes in an active combat zone, and authored fiscal reviews for equipment and services totaling over $8.5 million

Administrative Law and Legal Assistance

• Advised commanders and investigating officers at Fort Riley for hundreds of legal actions involving military justice, ethics, and administrative investigations
• Advised hundreds of clients in matters related to family law, consumer protection, and military administration, and drafted more than 75 complex estate plans

AFFILIATIONS

• Tarrant County Young Lawyers Association
  • Board of Directors, 2019-2023
• Eldon B. Mahon Inn of Court, Barrister Member
• Texas Bar Foundation, Fellow
• Tarrant County Bar Foundation, Fellow
• Tarrant County Bar Association

 HONORS

• Best Lawyers: Ones to Watch® in America, Best Lawyers®, U.S. News & World Report, 2023-2025
  • Administrative | Regulatory Law
• Texas Super Lawyers Rising Stars, Thomson Reuters, 2022, 2023
  • Business Litigation
• Top Attorney, 360 West magazine
  • Government and Administrative Law, 2021-2024
  • Civil Law | Transactional, 2019
• Top Attorney, Fort Worth Magazine
  • Civil Law | Litigation, 2021, 2023

EDUCATION

• Law Clerk to the Honorable Mark T. Pittman and the Honorable Terry R. Means, U.S. District Court, Northern District of Texas, 2019-2020
• Army Judge Advocate General’s Legal Center and School
  • Defense Counsel 201, 2017
  • Advanced Trial Advocacy Course, 2016
  • Defense Counsel 101, 2016
  • Intermediate Trial Advocacy Course, 2016
  • 193rd Judge Advocate Officer Basic Course, 2014
• Texas Tech University School of Law, J.D., 2013
  • Journal of Biosecurity, Biosafety, and Biodefense Law, Vol. 4, Editor-in-Chief
  • Texas Bank Lawyer, Contributing Writer
  • Board of Barristers Advocacy Organization, Committee Director
  • Tech Law Military Association, President
  • Phi Alpha Delta Professional Law Fraternity, Member
• Texas Tech University, Jerry S. Rawls College of Business, M.B.A., 2013
• Texas Christian University, Bob Schieffer College of Communications, B.S., cum laude, 2009 
• Distinguished Military Graduate, Army Reserves Officer Training Corps                                          

ADMISSIONS

• State Bar of Texas, 2013
• U.S. Court of Appeals, Fifth Circuit
• U.S. District Court, Northern District of Texas

SPEECHES & PUBLICATIONS

• Speaker, “Leading through Intention,” HUB Leadership Summit, August 2023
• Guest Lecturer, “Legal Disputes: What to Expect,” TCU Neeley School of Business, Legal Environment of Business, April 2021
• Guest Lecturer, “Life Cycle of a Lawsuit,” TCU Neeley School of Business, Legal Environment of Business, April 2021.
• Guest Lecturer, “Fundamentals of Negotiation,” TCU Neeley School of Business, Essentials of Negotiation MANA 70610 081, March 2021
• Speaker, “Operation Inherent Resolve Deliberate and Dynamic Targeting:  Lessons Learned,” 198th Judge Advocate Officer Basic Course, 2016
• Author, “New Kansas Concealed-Carry Laws and the Impact on the Big Red One,” Fort Riley Post, 2015
• Author, “Are Super Security Measures Needed to Prevent Attacks on the Super Bowl (and other “Mass Gatherings”)?,” Journal of Biosecurity, Biosafety, and Biodefense Law, Vol.5 (2014)
• Speaker, “Professional Responsibility and Suicide Prevention,” Fort Riley Office of the Staff Judge Advocate, 2014