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Patrick J. Higgins 
Albany, New York
Partner
phone 518-478-6616
866-689-9692 (Toll Free)
fax 518-426-4012
email Email Me

Patrick J. Higgins is a partner in the law firm of Powers & Santola, LLP, where he limits his practice to representing the seriously injured and their families. He also practices environmental law.

A 1984 graduate of the University of Buffalo, School of Law, Mr. Higgins has practiced as a litigator for 26 years. He is Board Certified by the National Board of Trial Advocacy in Trial Practice and a graduate of the National Institute of Trial Attorneys' ("NITA") Master Advocate Program. Since 2007, Mr. Higgins has been listed annually in Super Lawyers™ for Upstate New York. In 2009 he was listed by Super Lawyers ™ as one of the top 25 medical malpractice lawyers in the Hudson Valley.

Mr. Higgins is currently serving on New York State Court System's panel for the Albany area that evaluates whether judges seeking office through election in the area are qualified, formally known as the Third Judicial District Independent Judicial Election Qualification Commission. He also is a Fellow of the American Bar Foundation.

Mr. Higgins is the editor in chief and a contributing author to the New York State Bar Associations' 43 chapter textbook "The Plaintiff's Personal Injury Action in New York State" first published in 2009, with the Second Edition being published in March, 2012. Since 2003, Mr. Higgins has edited and authored the New York Lawyer's Deskbook "Preparing For and Litigating the Plaintiff's Personal Injury Action in New York," published annually by the New York State Bar Association. Mr. Higgins is now working on the 2012 edition, to be published in the spring of 2012.

Mr. Higgins has also created and planned the New York State Bar Association state wide seminar "Managing Tough Issues in a Personal Injury Case," held across New York State in 2009, 2006 and 2003. He has also chaired and moderated state wide New York State Bar Association seminars on "Litigating Kumho Tire, Daubert and Frye in State and Federal Courts." From 1999 to 2004, he was a member of the editorial board of the New York State Trial Lawyers publication "Bill of Particulars" and frequently contributed to that publication. From 1999 to 2006 he authored a monthly column on trial practice and law, analyzing recent opinions of the Appellate Division of the New York State Supreme Court, entitled "Third Department Review" for the practicing bar.

Mr. Higgins was president of the Albany County Bar Association in 2008, and in 2009 served as the immediate past president and a member of its board of directors. A past member of its judicial qualifications, grievance and pro bono committees, Mr. Higgins also received the distinguished service award for service to the Albany County Bar Association in 1999.

Mr. Higgins, as president elect of the Albany County Bar Association, created the first annual Bike Safety Event for Children. Working with local hospitals, doctors, police, EMT, and media, the event gave away 169 bike helmets to children in Albany County and instructed the children on keeping safe in real life situations. Mr. Higgins also launched a clothing drive for members to help the Capital City Mission distribute clothing to those in need.

Mr. Higgins has spoken at and moderated seminars for the American Association of Justice (AAJ), the New York State Bar Association, The New York State Trial Lawyers Academy, the New York State Trial Lawyers' Association and the Albany County Bar Association. He has also appeared on local television to discuss how medical malpractice impacts the client and how attorneys should review and analyze medical malpractice cases for clients.

Areas of Practice:
Medical Negligence - Plaintiff Only
Complex Personal Injury Matters - Plaintiff Only
Nursing Home Negligence - Plaintiff Only
Environmental Litigation, including New York Navigation Law and CERCLA
Litigation Percentage:
100% of Practice Devoted to Litigation
Certification/Specialties:
Trial Practice, National Board of Trial Advocacy, NBTA, 2000


Trial Practice, National Board of Trial Advocacy, NBTA, 2005


Trial Practice, National Board of Trial Advocacy, NBTA, 2010


Bar Admissions:
New York, 1985
U.S. District Court Eastern District of New York, 1987
U.S. District Court Northern District of New York, 1987
U.S. District Court Southern District of New York, 1987
U.S. District Court Western District of New York, 1987
U.S. Court of Appeals 2nd Circuit, 1998
U.S. Supreme Court, 2008
Education:
State University of New York, Buffalo School of Law, Buffalo, New York, May, 1984
J.D.


State University College at Oneonta, Oneonta, New York, May, 1981
B.S.


Published Works:
Editor in Chief and Contributing Author, The Plaintiff's Personal Injury Practice in New York, New York State Bar Association, 2009


Representing the Personal Injury Plaintiff in New York, New York Lawyer's Deskbook, New York State Bar Association, 2003-2011


Third Department Review, Monthly Column, Albany County Bar Newsletter, 1999-2006


Successfully Litigating in the Age of Kumho Tire, Bill of Particulars, December, 2000


Restraining the Seat Belt Defense, Bill of Particulars, September, 1999


FIFRA Preemption in New York, Bill of Particulars, June, 1999


Classes/Seminars Taught:
Direct and Cross Examination of Experts, New York State Trial Lawyers Association, Albany, New York, November 30, 2010


State Wide Chair and Moderator– Handling Tough Issues in a Plaintiff’s Personal Injury Practice, 2009


The Plaintiff's Trial, New York State Bar Association, Albany, New York, September 25, 2008


The Plaintiff's Perspective on Preparing Claims from Discovery through Trial, New York State Bar Association, Albany, New York, September 25, 2008


Trial Techniques for the New Lawyer - Marriott Hotel, Albany County Bar Association, 2008


Planning for the Future Needs of Catastrophically Injured Infants and Incompetents and Resolving the Medicare and Medicaid Issues for Such Clients, New York State Bar Association (Albany and Rochester), November 2, 2006


Planning for the Future Needs of Catastrophically Injured Infants and Incompetents and Resolving the Medicare and Medicaid Issues for Such Clients, New York State Bar Association (Albany and Rochester), November 29, 2006


State Wide Chair and Moderator - Handling Tough Issues in a Plaintiff's Personal Injury Practice, New York State Bar Association, 2006


Assessing Damages in a Personal Injury Action, New York State Bar Association (Albany), November 5, 2004


Practical Skills - "Using Bills of Particulars and Interrogatories", New York State Bar Association, June 6, 2003


State Wide Chair and Moderator - Handling Tough Issues in a Plaintiff's Personal Injury Practice, New York State Bar Association, 2002


State Wide Chair and Moderator, "Litigating Kumho Tire, Daubert and Frye" in State and Federal Courts", New York State Bar Association, 2002


Premises Liability Update, New York State Bar Association, June 1, 2001


Moderator, Basic Tort and Insurance Law Practice, New York State Bar Association, April 24, 2001 - April 25, 2001


Environmental Law Practice, "Recent Developments in CERCLA and Toxic Tort Litigation", New York State Bar Association, May 25, 2000


"Law Office Management for the Small Office Practitioner", Association of Trial Lawyers of America (ATLA) Chicago, Illinois, July 30, 2000


"Product Defect Claims after Kumho Tire", New York State Bar Association, October 15, 1999


"Jury Selection Techniques: The Basics for the Civil Practitioner", New York State Bar Association, 1999


Moderator, Basic Depositions, New York State Trial Lawyers Association/Albany County Bar Association, 1999


"Trying the Plaintiff's Neck and Back Case", New York State Bar Association, 1998


Moderator, Basic Tort and Insurance Law Practice, New York State Bar Association, 1998


"New Civil Practice Legislation", Decisions Seminar, New York State Trial Lawyers Association, 1997


"Evaluating the Plaintiff's Personal Injury Case", Albany County Bar Association, 1997


"Preparing the Plaintiff's Product Defect Case", New York State Bar Association, 1997


"Expert Disclosure in New York Practice" , Albany County Bar Association, 1995


Moderator, Demonstrative Evidence, New York State Trial Lawyers Association/Albany County Bar Association, 1999


Moderator, Introduction to the Courts, Albany County Bar Association, 1998


Moderator, Civil Practice Update, New York State Trial Lawyers Association, 1997


Moderator, Annual Trial Practice Seminar, Albany County Bar Association, 1995 - 1997


"Expert Disclosure in New York Practice", Albany County Bar Association, 1995


Honors and Awards:
Listed in SuperLawyers™ for Upstate New York, February 18, 2007 - February 18, 2011


Listed as One of Top 25 Attorneys, SuperLawyers™ for Hudson Valley, 2007


Listed as One of Top 25 Medical Malpractice Attorneys, SuperLawyers™ for Hudson Valley, 2009


President's Award for Service, Albany County Bar Association, February 18, 1999


Professional Associations and Memberships:
Albany County Bar Association, 2009
Immediate Past President


Albany County Bar Association, 2008
President


Albany County Bar Association, 2007
President Elect


Albany County Bar Association, 2006
Vice President


Albany County Bar Association, 2005
Secretary


Albany County Bar Association, 2004
Treasurer


Albany County Bar Association, 1999 - Present
Member, Board of Directors


Albany County Bar Association, 2004 - 2008
Member, Judicial Qualifications, Grievance, and Pro-Bono Committees


Albany County Bar Association
Past Chairman, Continuing Legal Education Committee


OCA (New York State Office of Court Administration), 2006
Member, Pro-Bono Committee for the Third Judicial District


New York State Trial Lawyers Association (NYSTLA), 1999 - 2004
Editorial Board, Bill of Particulars


New York State Trial Lawyers Association (NYSTLA), 2000
Member, Judicial Screening Committee


New York State Academy of Trial Lawyers, 2003 - Present
Charter Member


American Bar Association, Litigation and Law Practice Management Sections, 1986 - 2009


American Association of Justice, 1991 - Present


New York State Bar Association, Trial Lawyers, Torts, Insurance and Compensation Law Sections, 1985 - Present


New York State Bar Association House of Representatives, 2000 - 2002
Delegate


New York State Bar Association House of Representatives, 2005 - 2009
Delegate


United States Supreme Court Historical Society, 2008 - 2010
Member


New York State Independent Judicial Elections Qualifications Commission (IJEQC), Third Judicial District, 2009 - Present
Member


American Bar Foundation, 2009 - Present
Fellow


Pro Bono Activities:
Member, Third Judicial District OCA Working Pro Bono Committee, 2006
Albany County Bar Association Pro Bono Liaison, 2005 - 2008
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