Montgomery and Andrews Law Firm

Overview

Since joining the firm in 1974, Gary Kilpatric has been both a commercial lawyer and a litigator for many of the firm’s corporate clients. Since 1977, he has engaged in an extensive lobbying practice before the New Mexico legislature, representing numerous clients and lobbying the passage, defeat, or amendment of major legislation. Mr. Kilpatric is also engaged in an active regulatory practice, representing clients before a number of New Mexico’s regulatory agencies including the New Mexico regulation and licensing, environment, and taxation and revenue departments, and the insurance division of the public regulation commission. Prior to joining Montgomery & Andrews, Mr. Kilpatric served as a Deputy District Attorney for Contra Costa County, California.

Education

Mr. Kilpatric received his undergraduate degree from the University of California at Berkeley in 1965. After serving as an artillery officer in the Army, including a tour of Viet Nam, Mr. Kilpatric attended the University of California, Hastings College of the Law, in San Francisco, where he graduated in the top 10% of his class and was a member of the Thurston Society, the law school’s scholastic honor organization. Mr. Kilpatric is licensed to practice law in New Mexico and California.

Professional Memberships and Activities

Mr. Kilpatric has been appointed by the New Mexico Supreme Court as Chair of the Advisory Committee to the Compilation Commission. Mr. Kilpatric has been elected to the Federation of Regulatory Counsel (FORC), a national organization of regulatory lawyers who have a substantial insurance regulatory practice. Mr. Kilpatric is Chair of the Legislative Affairs Committee of the New Mexico Oil and Gas Association and a founding board member of the New Mexico Tax Research Institute. He is a graduate of Leadership New Mexico and serves on the organization’s board. Mr. Kilpatric’s activities in the community include current membership on the board of the New Mexico Association of Commerce and Industry, where he has served as the Association’s Chair and has been elected as a lifetime member.

Honors

Mr. Kilpatric has been recognized by the New Mexico Business Journal and the New Mexico Business Weekly, among others, as one of the state’s most effective lobbyists. In 2006 he was selected by the Greater Albuquerque Chamber of Commerce as Business Lobbyist of the Year. Mr. Kilpatric received the New Mexico Oil and Gas Association's ("NMOGA")  2008 Jason A. Kellahin Award for outstanding legislative advocacy on behalf of the state's oil and gas industry. He was recognized in Best Lawyers of America “Government Relations Law” every year since 2007. Mr. Kilpatric has been AV Peer Review rated by Martindale‑Hubbell.

Publications

Mr. Kilpatric is the editor and co-author of the New Mexico Hotel & Motel Laws Book, which is a compilation and explanation of the laws affecting the lodging industry in New Mexico. He is also the co-author of the New Mexico chapter of the 50 State Handbook on Lobbying PACs and Campaign Finance compiled by the State Capital Global Law Firm Group and published by West Publishing Company and he is a contributing author to the FORC Quarterly Journal of Insurance Law and Regulation: where he had two articles published; “A New Day in New Mexico for Third Party Bad Faith Claims,” FORC Quarterly Journal of Insurance Law and Regulation, September 1, 2004, Vol. XV, Ed. VII; and “The Curious Case of Rascob v. Sanchez: Direct Action Against Auto Insurers in New Mexico,” FORC Quarterly Journal of Insurance Law and Regulation, December 4, 1997, Vol. XI, Ed. IV. Mr. Kilpatric is also the author of “New Mexico’s Surface Owners Protection Act ‘How Does This Act Change the Relationship Between Surface Owners and Operators?’” published in the May, 2008 edition of the NALTA News.

Speaking Engagements

Mr. Kilpatric frequently serves as a speaker for various organizations on topics including the political process and insurance legislation and regulation in New Mexico. He was honored a “Distinguished Speaker” by the Department of Hotel, Restaurant and Tourism Management of New Mexico State University for his lectures to the students in that department on New Mexico legislative process. He also was a guest lecturer in Governor Bill Richardson’s seminar on government at the University of New Mexico.

Professional Development

Mr. Kilpatric successfully completed the mediator training program conducted by the American Academy of Attorney mediators. He is also a graduate of the College of Advocacy, Center for Trial and Appellate Advocacy, Hastings College of the Law – University of California.

Representative Cases/Transactions

Mr. Kilpatric has been counsel of record in the following reported cases:

Madrid v. St. Joseph Hosp., 1996-NMSC-064, 122 N.M. 524, 928 P.2d 250

State ex rel., Clark v. State Canvassing Bd., 119 N.M. 12, 888 P.2d 458 (1995)

Hartman v. El Paso Natural Gas Co., 107 N.M. 679, 763 P.2d 1144 (1988)

Anaconda Co. v. Property Tax Dep’t., 94 N.M. 202, 608 ).2d 514 (Ct. App. 1979)

Jicarilla Apache Tribe v. Supron Energy Corp., 782 F.2d 855 (10th Cir. 1986)

El Paso Natural Gas Co. v. Western Bldg. Assocs., 599 F.2d 927 (10th Cir. 1979)

Anderson v. Dun & Bradstreet, Inc., 543 F.2d 732 (10th Cir. 1976).

Recent examples of legislation for which Mr. Kilpatric played a significant lobbying role include:

Personal Insurance Credit Information Act (2005)

Property & Casualty Insurance Rate Modernization Act (2007)

Surface Owners Protection Act (2007).

Client Comments

"In my 30 years of professional experience working throughout the U.S., I found Gary Kilpatric to be the best attorney I have ever worked with when it comes to government relations.  Gary has demonstrated a unique blend of knowledge, insight and wisdom that allows him to stand out as one of the best.  His demeanor facilitates effective communication and dialogue.  His ethics are beyond reproach.  In the arena of government relations, the ultimate compliment is the respect Gary has from both sides of the aisle."

"Gary is a tireless advocate for his clients and well respected within New Mexico's legal and lobbying communities.  He is thoughtful, thorough, and timely, making working with him a pleasure.  I'm happy to know he is representing our interests in New Mexico."

"Simply stated, Gary Kilpatric is one of the most highly-respected spokespersons on either side of the aisle for business and insurer interests in Santa Fe.  His depth of knowledge on diverse business issues combined with a calm and thoughtful approach to finding reasonable compromise render him an indispensable participant at any negotiation.  Those same qualities render his contributions equally valuable and sought after on the regulatory level."

"Gary is very calm and professional; his work ethics are second to none.  His ability to interact with all the key players in our State has made him the perfect choice to represent our industry.  He will not be out-worked, and his ability to think on his feet is a real asset for his clients."

"Gary’s strongest attributes are his credibility with the legislators and his overall knowledge of the process.  His work ethic and his commitment to always obtaining the best outcomes for his clients, make him a real great asset to have on your team.  In addition, his honesty and his efficiency make it an honor to be associated with him."

Representative Clients

Anheuser-Busch Cos., Inc.
America’s Health Insurance Plans
American Insurance Association
Allstate
American Express
Automobile Club of Southern California
CNA Surety
ConocoPhillips
Delta Dental Plan of New Mexico
Freeport McMoRan Copper & Gold
LES (National Enrichment Facility)
Fred Loya Insurance Company
New Mexico Lodging Association
New Mexico Property Insurance Program
REALTORS® Association of New Mexico
Southwest General Insurance Company
Tourism Association of New Mexico
Vermejo Park
Western Refining, Inc.
XTO Energy, Inc.