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David Polow

David Polow

Polow Polow & Mahoney, PLLC
125 Main Street
PO Box 130
Hyde Park, VT 05655
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Phone: (802) 888-7707  |  Fax: (802) 888-7212
http://polowlaw.com

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Legal Topic

Personal Injury

Preferred New Clients

Auto, truck, bike, snowboard, ski, snowmobile, and recreational vehicle accidents as well as most personal injury claims.

Sub-Topics

Accidents & Personal Injury

  • Construction Site Injuries
  • Slip & Fall
  • Sports Injuries

Car Accident

  • Auto Accident
  • Whiplash

Dangerous Property

Mass Accidents

  • Airplanes
  • Buildings
  • Mass Transit - Bus, Train, Subway
  • Ships & Boats

Motorcycle Accident

Personal Injury Mediation/Alternative Dispute Resolution (ADR)

Product Liability

  • Design Defects
  • Manufacturing Defects

Serious/Catastrophic Injuries

  • Amputation
  • Birth Injury
  • Burn Injury
  • Head/Brain Injury
  • Paralysis

Truck Accident

Wrongful Death

Bar Admissions

VT, Dec 1981
Bar Number: 1027

CO, Mar 2010
Bar Number: 41870

Other Court Admissions

• Vermont Supreme Court
• Colorado Supreme Court
• District Court of Vermont
• Vermont Bankruptcy Court

Association Memberships

• Vermont Bar Association
• Vermont Association for Justice
• Lamoille County Bar Association
• Colorado Bar Association
• Boulder County Bar Association
• American Bar Association

Continuing Education

Even though I have been practicing law for 29 years, I am continually trying to improve my knowledge of the law and strategies to successfully resolve my clients' disputes. I attend legal education seminars on topics of litigation, auto accidents, law practice management, personal injury, and creditor/debtor law.

Example Cases

One of our clients was seriously injured as a passenger in a motor vehicle accident. Unfortunately, the driver had a limited amount of insurance coverage. Due to the complexities of Vermont's underinsurance law, it was necessary for us to convince an insurance company to provide coverage under our client's aunt's insurance policy to proceed with an underinsured motorist claim. Because of our understanding of the nuances of underinsurance law in Vermont, we were successful in obtaining coverage under three different automobile policies.

We represented a gentleman who was skiing at Stowe Mountain Resort. He moved to the side of the trail before stopping as he descended a trail. Shortly after coming to a stop in a safe area, an out of control skier smashed into him, causing severe lacerations in his upper thigh area. The negligent skier took off down the mountain. A member of the ski patrol came by shortly thereafter and was able to radio to a different ski patrol person at the bottom of the mountain to keep an eye on the out of control skier. The skier ran to the parking lot and jumped in his vehicle and took off before the patrol person was able to speak with him. However, the patrol person was able to take down the license plate of the driver. We were able to track down the skier and establish a negligence claim against his parents' homeowner's policy. The skier was a student at UVM and was still a dependent. Therefore, there was liability coverage under his parents' insurance policy. We were able to recover a satisfactory settlement for our client.

Education 

School:

Vermont Law School

Degree:

Juris Doctorate

City:

South Royalton

State:

VT

Year:

1981

Focus and Accomplishments:

Civil Litigation.

Number of Attorneys

2

State Licensed In

Vermont and Colorado.

Firm Focus and History

Our firm was established in December 1981 as a sole proprietorship known as the Law Office of David Polow. My father, Bertram, joined the practice in 1986. Bertram Polow was an appellate judge in New Jersey before moving to Vermont and joining my practice. Judge Polow passed away on January 30, 2007. James R. Dean Mahoney joined the practice in September 1994 and, in addition to his continued association with the firm, is the part-time Lamoille District Probate Judge.

Our firm focuses on representing individuals and small businesses throughout Vermont. In particular, we represent individuals injured in accidents on a contingent fee basis. Our accident representations include car and truck accidents, wrongful death cases, bike, snowboard, skiing and other recreational accidents, as well as dog bite cases. We also handle other civil litigation, including representing both creditors and debtors, and foreclosure representation. We represent debtors dealing with collection agencies and consumer fraud and Fair Debt Collection Practices Act cases.

Previous Employment Summary

I worked at a small firm in Johnson known at the time as Molde & Black.

Activities and Awards

I received awards for being one of the initial volunteers for the Vermont Volunteer Lawyers Project and participating on a regular basis as a small claims judge.

What is your opinion regarding clients educating themselves on legal issues?

I believe that our clients should be very well informed about their case. We provide copies of all documents to our clients, including legal decisions and medical records. I believe that my clients need to help understand the legal issues involved in their case so that they can better provide me with the factual background of their case. A client must have a basic understanding of the legal concepts of their case.

Are you willing to review documents prepared by clients?

I prefer to prepare my own documents and will not review documents that my clients have prepared. That said, I can't think of any instances where I have been asked by a client to review a document.

Are you willing to coach clients who want to represent themselves?

There are some legal situations in which we feel it would not be cost-effective for a potential client to hire our firm. In those situations, I routinely encourage potential clients to either pursue a settlement on their own, or to consider filing a small claims court action when appropriate.

Why did you decide to be a lawyer?

I enjoy the intellectual challenge of analyzing facts in particular legal situations as well as the opportunity to provide legal services on a contingent fee basis to individuals who would otherwise be unable to afford a lawyer.

What work experience and education helps you be a better lawyer?

My general experience as a nontraditional attorney has given me the opportunity to understand the life situation many of my clients are in. For example, I don't wear a tie and jacket to work, which is also the case for my clients. Just having been a lawyer for nearly three decades gives me the experience to give meaningful legal advice to my clients.

Why did you decide on your primary area of practice?

I like being able to represent individuals on a contingent fee basis. I can commit as much time as necessary on behalf of a client without worrying whether or not they are going to be able to pay the bill. In other words, I commit as much time as necessary given the legal complexities of the case. I also like representing individuals who are challenged by the complexity and bureaucratic nature of insurance companies and overcoming these hurdles to reach a successful settlement.

What do you like best about your career?

Knowing that I am helping individuals who have suffered some tragedy or bad luck in their lives and need legal representation to gain some form of compensation. Again, because of the nature of the contingent fee system, I am able to represent people of very limited income.

Tell us about your law firm:

Our law firm is intentionally small, so that our lawyers are the people our clients speak with the majority of the time. We have two attorneys, David Polow and Jim Mahoney, who have been working together for 16 years. We have a wonderful secretary who has a wealth of knowledge and is sensitive to the needs of our clients. We try and follow the Golden Rule, which of course means treating clients as you would like to be treated.

What are your strengths and style?

These are some of the comments of our clients that indicate my strengths and style: "Integrity, expertise and impeccable service." "Legal services were provided with courtesy and promptness." "I felt I was able to be part of the process rather than an attorney dictating it to me." "I felt I was represented honestly and competently." "When I spoke with Mr. Polow he was very kind and helpful and knew what he was talking about." "Reliable, friendly, reasonable fees." "I feel that even though my case was small it received the same attention as a larger case." "We were given honest, straight answers in lay terms." "You were good at explaining everything." "It is great to deal with people who are extremely knowledgeable and there to answer any questions that came up." "David worked very hard for me." "David made me feel very comfortable talking to him." "Honest, sympathetic, fair." "Down-to-earth." "Straightforward, trustworthy." "Respectful and kind." "Very knowledgeable."

Personal Interests:

Spending time with my family, running, cycling, skiing, playing tennis, reading, volunteering and enjoying the Green Mountains of Vermont.

Fax

(802) 888-7212

Office Hours

Monday through Friday
8:00 a.m. to 4:30 p.m.

Emergency After Hours

Yes

Fixed-Price Services and Fees

We offer different fee arrangements depending on the legal situation. Most of our personal injury cases are handled on a contingent fee basis. Our fee is one-third of the amount recovered and we advance costs. There is no out-of-pocket payment by our clients. Our entire fee and expenses are paid out of the settlement proceeds. In other cases, we may work on an hourly basis, which are typically used for business matters, other civil litigation, and real estate.

Hourly Rates

Please see above.

Free Initial Consultation?

Yes, we do offer an initial free consultation for as long as necessary.

Typical Retainer

Please see above.

Understanding Fees

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