Attorney Profiles

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[1] and a graduate of the National Institute of Trial Attorneys' ("NITA") Master Advocate Program.
Since 2007, Mr. Higgins has been listed annually in SuperLawyers^TM for Upstate New York. In 2009 he was listed by SuperLawyers ^TM 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.

Medical Negligence - Plaintiff Only

Complex Personal Injury Matters - Plaintiff Only

Nursing Home Negligence - Plaintiff Only

Environmental Litigation, including New York Navigation Law and CERCLA

Personal Injury - Plaintiff

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
Juris Doctor

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, Second Edition pending publication in March, 2012

Representing the Personal Injury Plaintiff in New York, New York Lawyer's Deskbook, New York State Bar Association, 2003-2011, 2012 publication pending

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

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

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

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

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

Seminars Taught:

Direct and Cross Examination of Experts -- November 30, 2010, New York State Trial Lawyers Association, Albany, New York.

State Wide Chair and Moderator - Handling Tough Issues in a Plaintiff's Personal Injury Practice, November 2009, November 2006.

The Plaintiff's 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, 29, 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

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^TM for Upstate New York, annually 2007-2011

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

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

Professional Associations and Memberships:

Member New York State Independent Judicial Elections Qualifications Commission (IJEQC) for the Third Judicial District - 2009 to present.

Fellow American Bar Foundation - 2009 to present

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 of the 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

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

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

United States Supreme Court Historical Society, 2008 - 2010

Pro Bono Activities:

Member, Third Judicial District OCA Working Pro Bono Committee, 2006

Albany County Bar Association Pro Bono Liaison, 2005 - 2008

[1] The NBTA is not affiliated with any governmental authority. Certification is not a requirement for the practice of law.