Courtney M. Haskins

Products And Services

• Banking

  Financial institutions rely on our attorneys to represent them on a variety of legal issues. We regularly advise them on regulatory compliance matters involving both federal and state banking, consumer and commercial credit laws, as well as trust and estate matters. Our attorneys have extensive experience representing local banks at all levels of financing including residential purchases, mortgage home equity loans and lines of credit, in addition to commercial loan financing, including construction and agricultural (farming) loans. Collection and foreclosure matters are also performed by our Firm on behalf of our clients. Our Attorneys in Banking William E. Fitzgerald James E. Cullum Melissa Dwyer Lescault Edward P. Fitzgerald Courtney M. Haskins Eric C. Schwenker

  Link: Banking

• Business and Commercial Law

  Corporations, LLCs, and Partnerships Our attorneys have experience helping clients form, transfer, sell and dissolve businesses and corporate entities. This includes forming Limited Liability Companies, Corporations, Joint Ventures, Partnerships, S-Corporations, and Professional Corporations. We also prepare shareholder buy-sell agreements to assist owners of closely held businesses plan for the future of their companies. Business clients also rely on us to advise them on a wide array of contractual matters from commercial leases, employment agreements, non-disclosure agreements, and sales contracts. We help buyers and sellers of businesses from the initial negotiations to the final closing. This includes drafting asset purchase and stock purchase agreements, assisting with due diligence investigations into the health and strength of the target business, and drafting non-compete clauses and contracts. We routinely advise clients on land use planning, zoning and other regulatory compliance matters facing business owners. Additionally, our corporate and estate planning attorneys work together to help closely held family businesses construct and implement successful succession planning. You can trust our attorneys to help your new or existing business with transactional, regulatory compliance and litigation matters. We also understand the importance of strategic tax and risk management planning and will work collaboratively with your accountants and insurance agents from corporate formation onward. International Business Transactions Our attorneys have assisted several local and regional businesses in connection with their international business transactions involving companies or operations in Colombia, Canada, Dubai, Peru, Lithuania, Trinidad, Turkey and Qatar. As a part of these transactions, our attorneys have traveled to these foreign countries to conduct negotiations and close deals. Our Attorneys in Business and Commercial Law Dennis J. Phillips James E. Cullum Daniel J. Hogan John E. Fitzgerald, Jr. Timothy S. Shuler Melissa Dwyer Lescault Edward P. Fitzgerald

  Link: Business and Commercial Law

• Driving While Intoxicated (DWI, DWAI and/or DUI)

  Our firm represents persons charged with Driving While Intoxicated offenses. We offer our legal services at affordable prices with flexible payment options. We know and keep abreast of the ever-changing laws about DWI. The firm’s experienced and dedicated attorneys know what it takes to achieve the best possible outcome for you. They will diligently work to defend you and all of your legal and constitutional rights. Being charged with Driving While Intoxicated (DWI, DWAI and/or DUI) is a very serious matter. In addition to facing potential fines, surcharges, driver’s license suspension or revocation, the DWI Victim Impact Panel, the New York State Department of Motor Vehicle’s Drinking Driving Program, ignition interlock, probation or jail, those convicted of a DWI offense may suffer the life changing consequences of losing one’s job and/or livelihood and increased insurance costs. Given all that is at stake, a person charged with a Driving While Intoxicated offense must hire effective and experienced legal counsel to provide solid legal advice and the best possible defense. Call us to begin the process of putting your life back together. We offer a free initial consultation to discuss the details of your case. Our Attorneys in Driving While Intoxicated (DWI, DWAI and/or DUI) Daniel J. Hogan Eric C. Schwenker

  Link: Driving While Intoxicated (DWI, DWAI and/or DUI)

• Employment Discrimination

  The Firm both defends employers and businesses, and pursues claims on behalf of individuals in employment discrimination cases involving race, sex (including pregnancy), sexual orientation, age, national origin or disability. We provide our clients guidance whether they have a claim under the Federal Civil Rights Act, the American with Disabilities Act, the Age Discrimination in Employment Act, and the New York Human Rights Law. Examples of employment discrimination include: Firing Terminating Demoting Failing to Hire or Promote an Individual due to Race, National Origin, Gender, Age, Handicap, Disability, and/or Religion Employment Discrimination also includes Sexual Harassment Claims resulting from Quid Pro Quo Discrimination and/or a Hostile Work Environment. Unwelcome Sexual Advances involving Verbal or Physical Conduct, Sexual Jokes, Slurs and Innuendoes are potential grounds for a Claim of Employment Discrimination. Federal and State law have strict time requirements to bring a claim. Victims of employment discrimination should promptly seek legal guidance to assure that their claim, if valid, is timely made. Our Attorneys in Employment Discrimination Courtney M. Haskins Eric C. Schwenker Vanessa A. Hutton

  Link: Employment Discrimination

• Elder Law, Medicare and Medicaid

  As part of our comprehensive estate planning services, we help clients plan for their future health care needs by drafting living wills and health care proxies or evaluate options for funding long term care. We also understand that the high cost of nursing homes may force our clients to deplete their life savings. Our attorneys also regularly assist clients with developing plans to protect their assets as part of our Medicaid planning and application process. Our Attorneys in Elder Law, Medicare and Medicaid John E. Fitzgerald, Jr. Dennis J. O'Connor Brian Borie Vanessa A. Hutton

  Link: Elder Law, Medicare and Medicaid

• Insurance Law

  The Firm has a long tradition of representing insurance carriers, individuals, agencies, companies, corporations and/or businesses in the analysis and defense of insurance claims. Our capable attorneys have extensive arbitration, mediation, litigation and jury trial experience in both New York State and Federal courts involving: Declaratory Judgment Actions Defense of Homeowners Insurance Policy Claims Defense of Motor Vehicle Insurance Policy Claims Defense of Commercial General Liability Insurance Policy Claims Defense of Life and Disability Insurance Policy Claims The firm is also fully prepared to counsel its clients regarding other insurance coverage issues pertaining to reinsurance disputes, disclaimers and/or the reservation of rights. Our Attorneys in Insurance Law James E. Cullum Daniel J. Hogan Eric C. Schwenker Vanessa A. Hutton

  Link: Insurance Law

• Landlord and Tenant

  Our attorneys represent landlords and tenants in the lease negotiation and drafting process, and handle eviction and landlord/tenant disputes for commercial and residential property owners. Clients rely on us to guide them through the entire eviction process, from evaluating the merits of their case to representing them in court. We also understand that eviction can be time sensitive matter, and our attorneys are prepared to act quickly to help you recover possession of your property. Our Attorneys in Landlord and Tenant Daniel J. Hogan Melissa Dwyer Lescault

  Link: Landlord and Tenant

• Medical Malpractice Defense

  McPhillips, Fitzgerald & Cullum, LLP has extensive experience in the defense of hospitals, physicians, psychologists, nurses, therapists, physician extenders and other health care providers. Our medical malpractice defense team has decades of litigation experience. We have aggressively defended our clients against numerous claims of medical malpractice involving serious injuries and death, which had the potential for multi-million dollar exposure. Our focus is to aggressively defend all cases throughout litigation by always focusing on preparing for trial while pursuing opportunities to obtain early dismissals through timely motion practice. Because many of our attorneys have experience with a wide variety of practice areas, we have the ability to recognize problem cases early on that may require resolution through settlement, arbitration or mediation. Our attorneys have also successfully represented clients in many alternative dispute resolution proceedings. In addition to our litigation services, the McPhillips, Fitzgerald & Cullum, LLP malpractice defense attorneys also provide education for our clients by keeping them informed on changes in the law and strategies for effective risk management. Our Attorneys in Medical Malpractice Defense James E. Cullum Courtney M. Haskins Eric C. Schwenker Vanessa A. Hutton Primary Sidebar Schedule Your Consultation Submit this form to schedule a consultation with an experienced attorney at McPhillips, Fitzgerald & Cullum, LLP. We will respect the confidentiality of your information to the fullest extent. Name* Email* Phone Briefly describe your legal matter* * - Required Fields · Privacy Policy

  Link: Medical Malpractice Defense

• Motor Vehicle Accidents

  Every year millions of people are injured in motor vehicle accidents — many very seriously. At McPhillips Fitzgerald & Cullum we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. Personal Injury Disclaimer In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call McPhillips Fitzgerald & Cullum, LLP now at 518-792-1174 or submit a simple case review form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See the terms of use. Our Attorneys in Motor Vehicle Accidents James E. Cullum Daniel J. Hogan Courtney M. Haskins Eric C. Schwenker Vanessa A. Hutton

  Link: Motor Vehicle Accidents

• Personal Injury

  Personal injury law covers a broad spectrum of issues when one has been physically or emotionally injured, or personal property has been damaged. The law of personal injury is concerned with determining who may be responsible (who is “liable,” or has “liability”) for causing injury and how much the responsible party should be required to pay for any damages resulting from the injury. Personal injury law can be classified in the following three broad categories, or degrees of fault: negligence, intentional torts and products liability torts. While McPhillips, Fitzgerald & Cullum can never guarantee the outcome of a lawsuit, we can guarantee that we will work hard — for you and with you — and we will provide sound, objective advice, and share in decision-making. We keep in regular contact with you to make sure that we are informed about your progress. We will do everything in our power to maximize the recovery for you, with a focus on being prompt, efficient, and professional every step of the way. That we can guarantee. Personal Injury Disclaimer In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call McPhillips Fitzgerald & Cullum, LLP now at 518-792-1174 or submit a simple case review form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See the terms of use. Our Attorneys in Personal Injury James E. Cullum Daniel J. Hogan Courtney M. Haskins Eric C. Schwenker Vanessa A. Hutton

  Link: Personal Injury

• Premises Liability

  New York law provides that owners and occupiers of land owe a duty to each entrant to exercise ordinary, reasonable care under the circumstances. Basso v. Miller, 40 N.Y.2d 233, 352 N.E.2d 868 (1976). This rule means that a property owner must take reasonable steps to ensure that the environment is safe to parties that may foreseeably come on to the premises. Unfortunately, there is no precise way to measure what is “reasonable,” though the law defines the term as what a person of ordinary intelligence and judgment would do under identical circumstances. Whether a landowner’s actions constitute “reasonable care under the circumstances” is a heavily litigated issue and this standard is susceptible to varying interpretations by a jury. Those injured on another’s property due to the property owner’s negligence may be awarded monetary damages for their injuries. Personal Injury Disclaimer In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call McPhillips Fitzgerald & Cullum, LLP now at 518-792-1174 or submit a simple case review form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See the terms of use. Our Attorneys in Premises Liability James E. Cullum Daniel J. Hogan Courtney M. Haskins Eric C. Schwenker Vanessa A. Hutton

  Link: Premises Liability

• Product Liability

  The law of product liability deals with the liability of the manufacturer, wholesaler, or retailer of a product for injuries resulting from that product. This includes the manufacturer of component parts of the product, an assembling manufacturer, the wholesaler, the retail store or other ultimate seller of the product, and any other party in the distributive chain, regardless of whether you actually purchased the item yourself. Research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year. Within the U.S., an estimated $700 billion is spent annually on the injuries, deaths, and property damage caused from consumer product incidents. You or your child may be injured by something seemingly harmless or something you use everyday, such as a hair dryer, toaster, baby chair, toy, iron, coffee maker, air conditioner, car, hand tool or even your clothing. Product liability law gives consumers the ability to sue for and recover damages from manufacturers, distributors and vendors for injuries resulting from accidents caused by products. Virtually all products are subject to products liability law, not just items on the store shelves – products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, gases, real estate, writings, maps, and even commercial jets. Products liability claims are tort-based claims that can arise from negligence, strict liability, or breach of warranty. Personal Injury Disclaimer In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call McPhillips Fitzgerald & Cullum, LLP now at 518-792-1174 or submit a simple case review form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See the terms of use. Our Attorneys in Product Liability James E. Cullum Daniel J. Hogan Courtney M. Haskins Eric C. Schwenker Vanessa A. Hutton

  Link: Product Liability

• Slip and Fall

  “Slip and fall” is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else’s property. Inside a building, dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor can cause you to slip and hurt yourself. Outside a building, you may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure an environment is safe. Slip and fall accidents are the most common type of “premises liability” cases, which center on the question of a property owner’s duty to care for his or her property. Injury by fire or other accidents resulting from defects in the conditions of buildings located on the property also fall under this category. Slip and fall cases are governed by negligence law. To win a premises liability claim, an injured victim has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and should have had it removed or repaired. This is often difficult to prove, since demonstrating when a given hazard first appeared can be challenging. Personal Injury Disclaimer In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call McPhillips Fitzgerald & Cullum, LLP now at 518-792-1174 or submit a simple case review form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See the terms of use. Our Attorneys in Slip and Fall James E. Cullum Daniel J. Hogan Courtney M. Haskins Eric C. Schwenker Vanessa A. Hutton

  Link: Slip and Fall

• Tax Assessment

  We have experience helping clients challenge the real property (real estate) taxes on their residences and businesses to establish fair market values for their properties. We are prepared to assist you through the entire tax grievance process from an initial consultation to evaluate the merits of your case through trial. Our attorneys appear before local Boards of Assessment Review and have experience negotiating resolutions without the expense of trials. When a fair settlement cannot be reached, we are prepared to take your case to trial. Clients throughout the Lake George and Adirondack regions rely on us because we understand the unique nature of Lake George and Adirondack family camps, cottages and private estates. Our attorneys also have extensive experience with the valuation of timber tracts and wood lots owned and managed by paper manufacturers and other timber management organizations. Our Attorneys in Tax Assessment Dennis J. Phillips Melissa Dwyer Lascault

  Link: Tax Assessment

• Vehicle and Traffic Violations

  If you received a traffic ticket or violation of any kind on the Northway (I-87) or on other roads in the Glens Falls, Lake George and Saratoga Springs, NY region, our experienced and capable attorneys are ready to immediately assist you in avoiding higher insurance costs, higher fines and surcharges, points assessed against your driver’s license, a suspension or revocation of your driving privileges, or even jail time that may be associated with your traffic ticket or violation. Many times we can appear in court on your behalf without requiring your presence so you don’t have to take time away from your busy life or travel a great distance to resolve your traffic ticket or violation. We handle all traffic tickets and violations, including: Speeding Tickets or Violations Aggravated Unlicensed Operation Unlicensed Operation Right of Way Tickets or Violations Stop Sign or Traffic Light Tickets or Violations Insurance Tickets or Violations Reckless Driving Tickets or Violations Driving While Intoxicated (DWI, DWAI, DUI) Seat Belt Tickets or Violations Cellular Telephone Tickets or Violations All Other Traffic Tickets or Violations Our Attorneys in Vehicle and Traffic Violations Daniel J. Hogan

  Link: Vehicle and Traffic Violations