Kevin Spencer

Managing Partner

Location
Dallas, Texas
Phone number
214-965-9999
Fax
214-965-9500
Email
kevin@dallasprobate.com

Kevin loves being in the courtroom. His practice encompasses all aspects of courtroom and appellate work, primarily, in the area of estates, trusts, guardianships and estate, and trust administration. Most importantly, Kevin has worked hard to build his reputation in the estate, trust, guardianship and fiduciary litigation area. Hiring Kevin will get you the experience and toughness you need during the most trying times in your life, i.e., the loss or incapacity of a loved one or when a fiduciary abuses their position.

When entering a Statutory Probate Court or any Court to seek admission of a Will to probate or to fight a Will Contest or whatever litigation matter you have in the estate, trust, guardianship or fiduciary litigation area, it is very important to hire an attorney that has experience in that arena. The Texas Estates Code can be tough to navigate for even the seasoned estate litigator. Imagine hiring someone that has never read the Texas Estates Code or never practiced in the area before. It would be the equivalent of an orthopedic surgeon doing brain surgery and vice-versa. It is a completely different area of practice that requires a completely different type of experience and training. It also helps when your attorney knows the Court Staff and have friends in the Clerk’s Office as is the case with Kevin and many of the Statutory Probate Courts in the Dallas-Fort Worth area; it helps, most importantly, because we all speak the same language and everything is familiar.

Kevin Spencer graduated from Cistercian Preparatory School in 1985 and earned a B.A. in Business and a B.A. in Psychology from Austin College in 1989. Then, Kevin then left Texas to study law at the University of South Dakota School of Law and received his Juris Doctorate in 1992. Kevin began working in the legal field in August 1992 and was licensed and began his practice in Texas on May 7, 1993. After 15 years of practicing with and becoming a partner at a prominent estate and trust litigation firm, Kevin started his own law firm on September 1, 2007, as a solo practitioner and his practice has grown adding additional attorneys.

Kevin has experience in all aspects of litigation and has tried cases to verdict before judges and juries and has argued to appellate courts. Kevin appears in court almost every week proving up wills, administrations, or guardianships and arguing more complex and contested matters in his various lawsuits. Kevin is ready to go trial in any case, which adds value to his clients’ cases and offers leverage for settlement purposes. Consequently, he has had great success in negotiating settlements both in and outside the mediation process. Further, Kevin has also been certified as a mediator in Texas since 2012 attempting to facilitate settlements for others as well; a large majority of the cases he mediates have settled. In addition, Kevin is dedicated to providing pro bono services to the poor as time allows.

Kevin has devoted a large amount of time to writing law review articles, scholarly papers,  and speaking to various bar sections, and has become a respected speaker at continuing legal educations seminars.

Kevin was a member of the Dallas Association of Young Lawyers’ Leadership Class of 2002, which, as its project, worked in conjunction with the 7-11 Corporation, and organized the Education is Freedom Luncheon for charity held on October 9, 2003 and presenting key-note speaker: former Presidential candidate, Bob Dole. Since then, Kevin has served in numerous leadership positions.

Kevin is a member of the Dallas Bar Association, the State Bar of Texas and a Lifetime Fellow of the Dallas Association of Young Lawyers Foundation. He also served for four years a former President of the Cistercian Preparatory School Alumni Association.

Kevin attends Church regularly, enjoys spending time with his family, particularly in tropical locates, reading non-fiction and other intellectual endeavors.


Education

  • University of South Dakota School of Law – 1992 – Juris Doctorate
  • Austin College – 1989 – BA in Business and BA in Psychology
  • Cistercian Preparatory School – 1985 – HS Diploma

Bar Admissions

  • Texas, 1993
  • U.S. District Court – Northern District of Texas, 1995
  • U.S. District Court – Eastern District of Oklahoma, 2021
  • Pro Hac Vice – Reno, Nevada, 2018
  • Pro Hac Vice – Ada, Pontotoc County, Oklahoma, 2018
  • Pro Hac Vice – Pittsburgh, Pennsylvania, 2013

Published Works

  • Good Estate Planning Process: A Panacea for Litigation, Texas Tech Estate Planning & Community Property Law Journal, 11 Tex. Tech Est. Plan. Com. Prop. L.J. 137-150 (February 2019)
  • Standing and Error Correction in Probate, Texas Tech Estate Planning & Community Property Law Journal, Vol. 10, No. 1 (Summer 2018)
  • Estates Code and Estate Planning Issues Affecting Your Family Law Practice – Texas State Bar – Advanced Family Law COURSE – San Antonio, Texas – August 10, 2017
  • Estate (Planning) Litigation Pointers: A Litigator’s Perspective – Dallas Bar Association – Family Law Section – Dallas, Texas – March 8, 2017
  • It’s Not Over Yet! Resignation, Removal & Successor Fiduciaries – Texas State Bar – Fiduciary Litigation Seminar – Houston, Texas – December 1-2, 2016
  • Estate (Planning) Litigation Pointers: A Litigator’s Perspective – April 8, 2016;
  • (Family vs.) Probate Regarding Children, Advanced Family Law Course – August 6-9, 2007
  • Bill of Review and Error Correction in Probate, Probate Litigation Seminar – September 17, 2004
  • Divorce and Trust Litigation: Can you trust the Trust? – January 15-17, 2004
  • “Probate Issues Affecting Divorce Attorneys and their Clients”, Texas Academy of Family Law Specialists – Family Law Forum Newsletter, Vol. 1 – December, 2002
  • Probate: Dead or Alive, We will be Splitting the Estate, and Other Cross-Over Issues – August 5-8, 2002

Litigation Percentage

  • 95% of Practice Devoted to Litigation

Languages

  • English (Primary)

Areas of Practice

  • Litigation
  • Estate
  • Trust
  • Heirship
  • Guardianship Litigation
  • Estate Administration
  • Ancillary Probate Jurisdiction Litigation
  • Common-Law Spouse Disputes
  • Paternity-Inheritance Disputes
  • Civil Appeals
  • General Civil Litigation
  • Fiduciary Litigation
  • Mediation

Honors and Awards

  • Martindale-Hubbell – AV Rating – September 2003 to present
  • Texas SuperLawyers, Estate and Trust Litigation, Thomson Reuters Legal, 2011 to Present
  • Bar Register of Pre-Eminent Lawyers – Estates and Trusts, 2011 to Present
  • Best Lawyers in America - 2023
  • Texas Rising Stars (Best Lawyers in Texas Under 40), Thomson Reuters Legal and Texas Monthly, 2004, 2005 and 2007
  • Best Lawyers in Dallas, Under 40 – D-Magazine May, 2006
  • Life Fellow, Dallas Association of Young Lawyers

Professional Associations and Memberships

  • Texas State Bar
  • College of the State Bar of Texas, Member, 2007
  • Dallas Bar Association, Probate, Trusts and Estates Section Committee Member – 2016 to Present
  • Dallas Bar Association, Probate, Trusts and Estates Section – Program Chair 2018
  • Dallas Bar Association, Member – Trial Skills Section, Family Law Section, Appellate Section, Alternative Dispute Resolution Section
  • DAYL Leadership – Class of 2002

Pro Bono Activities

  • President, Cistercian Preparatory School Alumni Association, 1998 – 2002

Seminars

  • Speaker - Topic: Privileged Communication: Protected & Confidetial or Not? - Fiduciary Litigation Seminar - Tarrant County Probate Bar Association - September 16, 2022
  • Speaker, Topic: Exemplary Damages in Fiduciary Litigation  - Fiduciary Litigation - 16th Annual Course - State Bar of Texas - December 2, 2021
  • Speaker - Topic: Attorney Disqualification: An Ethical Quandary - Advanced Estate Planning & Probate - 43rd Annual Course - State Bar of Texas - June 18-20, 2019
  • Speaker - Topic: Estate (Planning) Litigation Pointers: A Litigator’s Perspective – Lawline.com – August 11, 2018
  • Speaker, Topic: Estate (Planning) Litigation Pointers: A Litigator’s Perspective – FPA DFW Conference – Irving Convention Center – May 17, 2018
  • Speaker, Topic: Estate (Planning) Litigation Pointers: A Litigator’s Perspective – BOKFinancial – March 22, 2018
  • Speaker, Panel Presentation - Social Media, Millenials and the Vanishing Jury Trial: Issues of the 2018 Trial Lawyer –  Ken Street Law Symposium - Austin College – February 12, 2018
  • Speaker, Topic: Estates Code and Estate Planning Issues Affecting Your Family Law Practice – Texas State Bar – Advanced Family Law COURSE – San Antonio, Texas – August 10, 2017
  • Speaker, Topic: Estate (Planning) Litigation Pointers: A Litigator’s Perspective – Dallas Bar Association – Family Law Section – Dallas, Texas – March 8, 2017
  • Speaker, Topic: It’s Not Over Yet! Resignation, Removal & Successor Fiduciaries – Texas State Bar – Fiduciary Litigation Seminar – Houston, Texas – December 1-2, 2016
  • Speaker, Topic: Estate (Planning) Litigation Pointers: A Litigator’s Perspective – Denton County Probate Bar – Denton, Texas, November 4, 2016
  • Speaker, Topic: Estate (Planning) Litigation Pointers: A Litigator’s Perspective – Amarillo Area Probate Bar – Amarillo, Texas, September 23, 2016
  • Speaker, Topic: Estate (Planning) Litigation Pointers: A Litigator’s Perspective – Collin County Probate Bar – McKinney, Texas, April 8, 2016;
  • Speaker, Topic: (Family vs.) Probate Regarding Children – Texas State Bar – Advanced Family Law Course – San Antonio, Texas August 6-9, 2007
  • Speaker, Topic: Bill of Review and Error Correction in Probate – Probate Litigation Seminar – Fort Worth, Texas – September 17, 2004
  • Speaker, Topic: Divorce and Trust Litigation: Can you trust the Trust? – The TAFLS Trial Institute (Texas Academy of Family Law Specialists) – New Orleans, Louisiana – January 15-17, 2004
  • Speaker, Topic: Probate: Dead or Alive, We will be Splitting the Estate, and Other Cross-Over Issues – Texas State Bar – Advanced Family Law Course – Dallas, August 5-8, 2002
  • Speaker, Topic: Self-Proving Evidence, How to Offer & Exclude Evidence Seminar – Evidence Seminar – Houston, Texas – February 9, 2001
  • Speaker, Various Other Presentations to Law Firms and Business in the Area of Probate, Basic Guardianships – Legal Services of North Texas, 1996
  • Kevin wrote a paper for all the more recent speeches he has given.

Dallas Probate Attorneys

(214) 965-9999

Spencer, Johnson & Harvell, PLLC, invites you to contact our law office today to schedule a free consultation regarding your estate and trust matters.

We are located in Dallas, but we travel throughout Texas to serve our clients. Ask us about our hourly and contingency fees.

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