
ATLANTA LAWYER LANDS BIG VERDICTS FOR INJURED
CHILDREN
Living With Clients, 'Gut-Burning
Desire' Fuel Firm's Crusade
Around
the time Don C. Keenan was learning to walk, his father was killed
when a malfunctioning boiler he was working near exploded.
About 17 years later, Keenan's grandfather, who raised him like
his own son, died after doctors misdiagnosed a heart attack.
Today,
as a champion of children's legal rights in Atlanta, Keenan is still
trying to heal the wounds those losses left on his young psyche.
He's still trying to relieve the pain that frustrates him because
those deaths came at a time when the law didn't give a plaintiffs'
attorney much to work with, he says.
For
the past 20 years, Keenan has represented the young and the voiceless
-- from the mothers of black youths murdered in Atlanta during the
late 70's and early 80's, to a three-year old rural girl who fell
into a coma while in foster care.
It
was those high-visibility cases and others like them -- which he
handled pro bono -- that gave him a national reputation and attracted
high-paying med-mal and product liability cases to Keenan's firm.
Last
year, Keenan's firm had eight settlements totaling $19 million
in cases around the country. The firm boasts a record of over
117 verdicts and settlements over $1,000,000 including five over $10,000,000
and one over $100,000,000, the majority on behalf of children.
"I
can't say that I suffered like a burned child or a brain-injured
child, but I know what effect other people's negligence can have
on a kid, and I guess it ultimately dictated what I did with the
rest of my life," says Keenan, 45.
Visit
the Keenan Law Firm and you can't miss the wall of 42 photos of
children that Keenan has successfully represented. Nor can current
and potential clients miss them, and anyone who works there can't
get a cup of coffee without passing by them.
"That
provides great motivation," Keenan reasons. "They've become
the kids of the firm."
Keenan
has no children of his own but regularly refers to those he represents
as "my kids."
"When
I think of children, I don't think of normal healthy children, I
think of my children," he says. Working for their causes "burdens
me more than if I had my own children because. . . they would provide
some respite from what I am doing."
THE
ATLANTA MURDERS
After Keenan's grandfather died, he moved with his mother
and grandmother from his native New Bern, NC, to Atlanta, where
he attended Atlanta Law School at night and worked to support the
family doing the day.
After
graduating, he hung out his own shingle. "None of the big
firms would look at me because I went to night school," he recalls.
He began doing criminal defense work, won a lot of cases and appeals,
and acquired a reputation for being aggressive and successful.
The
Committee to Stop Children's Murders, a group formed by some of
the mothers of 29 black youths slain in Atlanta between 1979 and
1981, heard of Keenan's work and asked him to represent them. The
group was being investigated for alleged irregularities in the contributions
it accepted.
No
charges were ever filed, and Keenan maintains authorities were acting
to divert attention away from an inept murder investigation.
"The
authorities were like ostriches with their heads in the sand," he
says. "They were contending there was no connection [between
the killings] whatsoever, and actually one FBI guy callously suggested
a mother was involved in her son's death."
Through
civil disobedience, press conferences and speaking engagements throughout
the country, the group kept the investigation in the media spotlight.
But Keenan remains frustrated that many of the cases are unsolved,
particularly those involving two boys who were only five and six
years old when they died.
Authorities
"tried to close the book but there are voices inside that book that
are still crying out to get some answers," he says.
LIVING
WITH CLIENTS
It
is his emotional involvement and utter devotion to cases that has
earned Keenan his reputation -- and big bucks.
"I
have never had an opponent who has out-worked me in terms
of preparation, the will to win, the gut-burning desire to get the
win for my little kids", he says.
Keenan
takes preparation to unusual lengths: just before trial, he lives
with his clients in order to connect with them emotionally.
"Where
I get my passion is when I leave my office, and live a day or two
with my clients before trial," he says. It's something he's
done for the past 12 years, and he believes it gives him a tremendous
advantage in his cases.
"With
cancer cases I will go down to the hospital and watch the cancer
treatments being given. With wrongful death suits, I will
visit the gravesites of [the decedents] so I can sit and understand
the whole meaning and senselessness of their death."
Keenan requires the attorneys who work for him to do the same.
"You
absolutely cannot understand what the case is about until you've
walked a mile in your client's moccasins," he says.
Another
Keenan Law Firm mandate is a post-win visit to the client's house.
"Just
the idea of sitting there with the people in the new house with
the rehab room, with the van with the chair-lift in the garage,
and you remember what they had when you met them living in the projects",
Keenan says. "There is not a dry eye when we go back to the
hotel."
Charles
Allen, who joined Keenan's firm 10 years ago as a courier while
in law school and now practices with him, is a self-described devotee
of the Keenan way.
"You
need an understanding of what your client goes through, to communicate
that with jurors," he says. "I can't imagine working anywhere
else and doing anything else at another law firm."
During
depositions and trials, Keenan carries around pictures of clients,
particularly when they are young children. Before closing
arguments, Keenan tries to conjure up mental pictures of the previous
clients for whom he has been victorious, as a way of inspiring yet
another win.
"I
see all my little kids and think about the rehab and therapies and
college educations," he says. “And I just know if we do our
job correctly, we can get the same outcome. Wow, if that doesn't
motivate you or put the fear of God in you that you won't be successful!"
THE
FIGHT FOR KATHY JO
Keenan
says some colleagues consider his methods unsophisticated. But don't
tell that to the family of Kathy Jo Taylor. Three-year old
Kathy Jo lapsed into an irreversible coma after being abused in
a foster home in 1982. Case workers had not regularly visited
her before she was hurt, and they had no idea whether she was safe.
In
a suit against the State of Georgia, Keenan represented members
of her family, who felt they should've been allowed to take her
in instead of sending her to strangers.
His
10 year pro bono battle went to the U.S. Supreme Court in 1989.
Keenan, who had argued before the high court once before in a criminal
case, was raring to go. His position was that children like Kathy
Jo who are placed in state custody should at least have the same
constitutional rights that prisoners have: adequate health
care and a safe environment.
"I
was literally screaming at the top of my voice, 'If we afford kids
less rights than a convicted rapist and a murderer, then God help
us all,'" he recounts of his mock argument in preparation. "I wasn't
basing it on any case law, just the rightness and wrongness of it."
Ultimately,
Keenan didn't get the chance to argue before the high court because
the famous DeShaney case addressed some of the issues Keenan raised.
As a result, Keenan's case resulted in the Kathy Jo Taylor Consent
Decree, which applies in Georgia and has been used as a model in
other states. It requires that when a child is removed from
a primary parent, other family members be given the right to take
care of the child as long as they provide a safe environment.
The decree bans corporal punishment of children, and requires case
workers to visit foster children each month and schedule regular
checkups with dentists and doctors.
Despite
this victory, the case remains a sad memory for Keenan. Kathy
Jo died of pneumonia on April 14, 1997, at age 17. And last
February, just like every February since Keenan took on the case,
Kathy Jo's family sent him a plant with one flower on her birthday.
"It
always comes at a time when I lease expect it," he says. "And
it always knocks me over."
CHILDREN
CRUSADES
Keenan's
work for children doesn't end in the courtroom. Keenan's Kids
Foundation, which he founded in 1993, collects thousands of clothing
items each winter for Atlanta's homeless children. It also gives
annual awards to people in the public school system, media and state
government who work for children's causes, and it funds an advocacy
program for law students and a children's rights seminar for lawyers.
Keenan's
firm funds the foundation with $250,000 to $500,000 each year, he
says.
"We
do make good money at what we do. This allows me to push it back
in to help the Kathy Jos of the world, and by doing right by the
homeless kids," he says. "I'd like to think of it as recycling
money.
The
foundation's most recent effort is its airbag awareness project.
Keenan is litigating a case against GM, claiming that improper release
of an airbag in a truck led to the death of a 16 year old Texas
girl. The foundation is producing a brochure about the dangers of
placing children in front of seats where airbags are located.
He plans to distribute them to the more than 10,000 Atlanta-area
lawyers who helped collect the winter clothes for homeless children,
to keep in their lobbies for clients.
Keenan
has been recognized by numerous lawyer organizations for his work.
In the fall, he became the youngest President in the history of
the Inner Circle of Advocates, for which membership is limited to
100 attorneys who have received more than eight $1 million verdicts.
In
1992, he became the youngest President of the American Board of
Trial Advocates. In that post, he led a delegation to the
Czech Republic and later to Russia to conduct the first jury trial
held in those countries.
"The
one thing I really noticed in these emerging nations was, I wondered
how do these people get up every day with such a positive attitude
to go to a job they're not sure is going to be there," he says.
"More
so than Americans, these people were looking at a future for not
what they could get out of it, but what their children could look
forward to. That constantly reminded me of my great- grandfather
getting on a boat and going to a strange country. He wasn't
doing it for himself, because his life wasn't very good. But
here I am, a third generation Irishman at the top of my profession.
I wouldn't be here if it wasn't for him.”
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