Patrick W. McKee

Patrick W. McKee has been practicing law for over 35 years. He devotes a significant portion of his practice to representation of educators and educational institutes, including the Southern Association of Colleges and Schools, for which he serves as general counsel. He received a B.A., magna cum laude with distinction in philosophy, from Georgia State University in 1973 and his J.D., with distinction as a member of the order of Coif, from Emory University in 1977. At Emory he served as a research editor of the Emory Law Journal.

Since graduation from Emory, he served as assistant counsel to the Board of Regents of the University System of Georgia and Senior Assistant Attorney General of Georgia, representing the University System of Georgia and the State Board of Education. Mr. McKee has served in a number of capacities in various law-relation organizations, including Chairman of the School and College Law Section of the State Bar. He speaks and writes extensively on educational and governmental law issues throughout the country.

At McKee & Mitchell, LLC, Mr. McKee continues to represent clients in commercial and employment litigation. He has expanded his practice to include estate administration, including probate litigation, an area to which he brings his significant experience in litigation from other areas of law.

Areas of Practice

• 20% Commercial Litigation
• 20% Employment Law and Litigation
• 25% Education Law and Litigation
• 15% Wills, Trusts and Estate Planning
• 20% Probate Law and Litigation

Litigation Percentage

• 70% of Practice Devoted to Litigation

Bar Admissions

• Georgia, 1977

Education

• Emory University School of Law, Atlanta, Georgia
  • J.D. – 1977
  • Honors: Highest First Year Average
  • Honors: Graduated with Distinction
  • Honors: Order of the Coif
  • Honors: Upper 5% of the Class
  • Law Journal: Emory Law Journal, Research Editor
• Georgia State University, Atlanta, Georgia
  • B.A. magna cum laude – 1973
  • Honors: Graduated with Distinction in Philosophy

Published Works

• Suicide and the Schools, LRP Publications 1993
• Tenure by Default: the Non-formal Acquisition of Academic Tenure, 7 J. Coll. & U. Law 31 , 1980
• Recent Placement Litigation, Part I, Regular Education Grouping: Comparison of Marshall and Hobson, 17 Sch. Psych. Rev. 9, 1988
• Recent Placement Litigation, Part II, Minority EMR Overrepresentation: Comparison of Larry P. with Marshall and S-1, 17 Sch. Psych. Rev. 22, 1988
• Recent Placement Litigation, Part III, Analysis of Differences in Larry P., Marshall, and S-1 and Implications For Future Practices, 17 Sch. Psych. Rev.39, 1988
• The Amended Open Meetings Law: New Requirements for Publicly Funded Corporations as well as Governmental Agencies, 25 Ga. St. B.J. 78, November, 1988
• Understanding Legal Issues in Private Education, “Governance in Independent Schools”, Aspatore Publications, 2014

Representative Cases

• Breach of Fiduciary Duty: Royal v. Blackwell, 289 Ga. 473 (2011)
• Mortgage Fraud: Sunshine Mortgage Corporation v. Lawyers Title Insurance Corporation, Civil Action File No. 4-3395 (N.D. Ga. 2009)
• Affirmative Action Webster v. Fulton County, 218 F.3d 1267 (11th Cir. 2000)
• Open Government: Board of Regents of the University System of Georgia v. The Athens Observer, Inc., Civil Action File No. SU87-CV-1665 (Sup. Ct. Clarke Co. 1987)
• Elections: Voter Education Project v. Cleland, Civil Action File No. C84-1181A (N.D. Ga. 1984)
• Immunities: McCafferty v. Medical College of Georgia, 249 Ga. 62 (1982)
• Employment: Bridges v. Ehlers, Civil Action File No. 89-38-ATH (S.D. Ga. 1989)
• Employment: Georgia Association of Educators v. State of Georgia, Civil Action File No. C86-2234A (N.D. Ga 1988)
• Special Education: Wendell H. v. McDaniel, 1984-1985 EHLR 556:172 (N.D. Ga. 1984)
• Special Education: Hall v. Freeman, 1986- 1987 EHLR 558:248 (N.D. Ga 1987)
• Desegregation: Hunnicutt v. Regents, Civil Action No. 86-235-1-MAC (M.D.Ga 1988)
• Desegregation: Georgia State Conference of Branches of NAACP v. Georgia, 775 F.2d 1403 (11th Cir. 1985)
• Accreditation: O’Conner v. Tennessee State University and Southern Association of Colleges and School, Inc., Civil Action No. 8000783 (M.D. TN. 2000)
• Accreditation: Sue Bennett College, Inc. v. Southern Association of Colleges and Schools Inc., Civil Action No. 97-467 (E.D. KY. 1997)
• Accreditation: Sherman College of Straight Chiropractic, Inc v. Southern Association of Colleges and Schools Inc., Civil Action No. -94-1352-20 (D.S.C. 1994)
• Accreditation: Wilfred Academy of Hair and Beauty Culture v. Southern Association of Colleges and Schools Inc., 957 F.2d 210 (5th Cir. 1992)
• Accreditation: Hiwassee College v. Southern Association of Colleges and Schools Inc., 531 F.3d 1333 (11th Cir. 2008)

Representative Clients

• The Southern Association of Colleges and Schools Commission on Colleges, Inc.
• Point University, Inc.
• Mount Paran Christian School, Inc.
• The Medical College of Georgia Foundation, Inc.

References

• Hon. Norman Fletcher, Former Chief Justice, Supreme Court of Georgia
• James B. Franklin, Esq., Past-President of the State Bar of Georgia
• Michael J. Bowers, Esq., Former Attorney General of Georgia

Classes/Seminars

• Delivered the Keynote Address on Legal Issues Facing Independent Schools to the Independent School Seminar at Kennesaw State University College Law Seminar, Institute of Higher Education, University of Georgia
• Institute of Continuing Legal Education, Georgia School Law Institute
• Georgia School and College Law Seminar, School and College Law Section, State Bar of Georgia
• Legal Issues for College Presidents, Southern Association of Colleges and Schools Commission on Colleges

Honors and Awards

• City of Newnan, Georgia, Ethics Commission
• City of Newnan, Georgia, Development Authority
• United States District Court, Northern District of Georgia, Magistrate Judge Selection Panel
• Flint River Council Boy Scouts of America, Silver Beaver Award
• Selected Georgia Super Lawyer, 2010
• Martindale – Hubbell, Rated AV Preeminent, 1980 – 2016
• National Association of School Psychologists, Special Friend of Children Award, 1996 – Present
• Fellow, Georgia Bar Foundation
• Silver Beaver Award, Boy Scouts of America, Flint River Council, 2012 – Present

Professional Associations and Memberships

• Lawyers Club of Atlanta, Former Executive Committee Member
• State Bar of Georgia, School and College Law Section, Founder & Chairman
• Georgia Bar Foundation, Fellow

Past Employment Positions

• McKee & Barge, Founding Partner, 1990 – 1999
• Weekes & Candler, P.C., Counsel, 1988 – 1990
• State of Georgia, Senior Assistant Attorney General, 1986 – 1988
• State of Georgia, Assistant Attorney General, 1980 – 1986
• Board of Regents of the University System of Georgia, Assistant Counsel, 1978 – 1980

Pro Bono Activities

• Flint River Council, Boy Scouts of America, 2006 – Present
• Newnan-Coweta Historical Society, 1995 – Present

Fraternities/Sororities

• Phi Kappa Phi