James K. Riley
O'Connell & Riley
144 East Central Avenue
Pearl River, NY 10965
Map
Phone: (845) 735-5050 | Fax: (845) 620-0722
http://www.or-nylaw.com
Dedicated Accident and Personal Injury Attorney
Legal Topic
Personal Injury
Preferred New Clients
I help accident and injury victims who have been hurt seriously and need to recover money damages from the person or firm that injured them. Over my decades of legal practice and helping clients, I have remained of the strong belief that success in the practice of law on behalf of my clients requires my deep, sincere and continuing desire to help people who have been wrongly injured. I always try hard to treat my clients with the respect they deserve and to explain the various aspects of their case to them in detail. So they can better understand their matter, and to make my clients feel secure and comfortable whether in my office or in the courthouse.
Sub-Topics
Accidents & Personal Injury
- Construction Site Injuries
- Jones Act
- Petrochemical Accidents
- Slip & Fall
- Sports Injuries
Car Accident
- Auto Accident
- Whiplash
Intentional Injuries
- Assault & Battery
- Child Abuse
- Dog Bites & Animal Attacks
- Domestic Violence
- Police Misconduct
- Sexual Assault
Mass Accidents
- Airplanes
- Buildings
- Mass Transit - Bus, Train, Subway
- Ships & Boats
Medical Malpractice
- Anesthesia Malpractice
- Birth Injuries and Defects
- Cosmetic Surgery
- Dental Malpractice
- Elder and Nursing Home Abuse
- Emergency Room Errors
- HMO Managed Case
- Lasik Eye Surgery
- Medication Malpractice
- Nursing Home Negligence
- Optometry Malpractice
- Prescription/Drug Malpractice
- Psychiatric Malpractice
- Spinal Cord Injury
- Surgical Errors
- Wrong Diagnosis or Misdiagnosis
Motorcycle Accident
Serious/Catastrophic Injuries
- Amputation
- Birth Injury
- Burn Injury
- Head/Brain Injury
- Paralysis
Toxic Tort
- Chemicals & Cosmetics
- Dangerous Drugs & Products
- Hazardous Waste
- Medical Products & Devices
- Mesothelioma
- Pesticides
- Radiation & Electromagnetic Energy
- Tobacco
- Toxic Mold
Truck Accident
Wrongful Death
Legal Topic
Estate Planning
Preferred New Clients
I help individuals with their estate planning and elder law strategies. I am interested in helping my clients to meet their individual and family estate planning, their elder law goals and objectives including the preparation of essential documents such as wills, trust, powers of attorney, health care proxies and living wills. I always try hard to treat my clients with the respect they deserve and to explain the various aspects of their matter to them in detail so that they can better understand. I want to make my clients feel secure and comfortable at all times when they are in my office.
Sub-Topics
Asset Protection
Banking & Loans
- Credit Unions
- Savings & Thrifts
Business Succession Planning
Charitable Giving
Estate Litigation
Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights
Guardianship
Insurance Law
- Annuities
- Auto Accident & Property Claims
- Bad Faith
- Health Insurance
- Life Insurance
- Property & Casualty
Living Wills
Power of Attorney
Probate & Estate Administration
Tax Law
- Audit Defense
- Income Taxes
- IRS Disputes
- IRS Filing & Compliance
- Negotiating IRS Payments & Settlements
- Payroll Taxes
- Sales Taxes & Use Taxes
- Tax Evasion Defense
Trusts
- Charitable Trusts
- Living Trusts
- Revocable Trust & Irrevocable Trusts
- Special Needs Trusts
- Supplemental Needs Trusts
Wills
Bar Admissions
NY, Jun 1971
Bar Number: 1495969
Specialty Certifications
Accredited Estate Planner (National Association of Estate Planning Councils)
Other Court Admissions
• United States Supreme court: New York: all New York State Courts and Federal Courts
• New Jersey: all New Jersey State Courts and Federal Courts in New Jersey
Association Memberships
• American Bar Association
• New York State Bar Association
• Rockland County Bar Association
• National Association of School District Attorneys
• New York State Association of School District Attorneys
• Estate Planning Council of Greater New Jersey
• Certified Financial Planner
Continuing Education
I attend continuing legal education programs on a regular basis and with great enthusiasm as sponsored by the Rockland County New York Bar Association, the New York State Bar Association and the American Bar Association. I also attend programs sponsored by other providers. I recently completed a program of two full days in "Advanced Estate Planning" in May 2011 and I attended a full day program on elder law issues in February 2011.
Papers and Publications
I wrote an article called, "A Strange Case of Mistaken Identity", for the New York State Bar Association Journal, February 1998. I wrote on a historical mistaken identity case which was described by Professor John Wigmore, one of the great evidence professors, as, "the most astounding case of mistaken identity in the annals of legal history". The facts and event of the case occurred in the lower Hudson Valley in Rockland County, New York and the case was tried before a jury in Manhattan.
I also regularly write letters and comments addressed to legal and political issues. My letters and comments have appeared in the New York Times, The Washington Post, The Rockland County Journal News and its website, and the Our Town newspaper.
My comments have also appeared in such varied media as C-SPAN, Ann Landers, Washingtonhotwire.com, avvo.com, and justia.com.
Example Cases
Azoy v. Fowler, New York Appeals Court, 57 A.D. 2d 541 (Appellate Division, 2nd Dept.)
On this appeal, I won on my client's behalf and obtained the right to a full jury trial. The court ruled in this published decision that my client could sue the executor of her father's estate for fraud and wrongdoing. On the basis of my client's discovery, after many decades, that fraud and misappropriation of assets had allegedly been carried out and covered up. The court ruled that a person who is the subject of such wrongdoing has two years from date of discovery (not from date of occurrence) to bring such a suit. This is a leading case on this point of law.
Consolidated Rail Corporation v. Town of New Hyde Park, New York Federal Court of Appeals, 47 F.3d 473
On this appeal and in this matter, I was serving as co-lead defense counsel for all municipalities in the State of New York that had railroads owned by Conrail, CSX Railroad, or Norfolk Southern Railroad located within their boundaries. The railroads were seeking to reduce their real property by sing in the local governments in Federal Court in New York under Federal law. This complex matter continued for over eight years as a defendant class action, which is to some extent a very unique matter. All of the attorneys in this matter were highly capable and qualified; the lawyering was excellent.
The case involved such complicated factors as the status at the time of the United States economy, the financial condition of the railroad industry in general, the financial strength and viability of the individual freight railroad companies such as CSXs- which railroads are much stronger than one would first believe due to technological advances? I am proud to have been a leading part of this case as a defense attorney. The case involved hundreds of millions of tax dollars. We eventually settled the cases involved to the full satisfaction of our clients.
(Decisions available at scholar.Google.com)
Education
Rutgers University
Juris Doctor
NJ
1970
Rutgers University Merit Full Tuition Scholarship
Fordham College
Bachelor of Arts
NY
1967
Economics and History
College for Financial Planning
C.F.P. Designation
1989
Number of Attorneys
2
State Licensed In
New York and New Jersey
Firm Focus and History
O'Connell & Riley was established in 1978 in Pearl River, New York in the lower Hudson Valley and in Montvale, New Jersey. We are proud of the tradition we have now established over many years of helping individuals with their legal needs and problems. Over the years we have worked diligently to help our clients who are victims of the negligence of the wrongful acts of others.
My law firm was established with my law partner, Thomas F. O'Connell, Esq., to help people and to serve the legal needs of individuals in the geographic areas of Pearl River, Rockland County, New York, in the lower Hudson Valley of New York and in the geographic area of Montvale, Bergen County, New Jersey. We work extensively to help clients in the legal fields of accident and personal injury law for individual victims who have been hurt by the negligent or wrongful acts of other individuals, governmental agencies, or private firms. We also work extensively to help clients in the legal fields of estate planning and elder law, including preparation of essential documents such as trust on their behalf and with Medicaid and business continuation planning. Our firm is committed to providing needed assistance on a personalized basis to our clients in each of these very important areas.
Previous Employment Summary
I have served as an Assistant District Attorney in the County of Rockland (1974-1976).
I have served as an Adjunct Professor, College and graduate school level, at both Pace University and Long Island University for the past two decades.
Activities and Awards
• "SuperLawyer"--Thomson Reuters Metro-New York Attorney Rating Publication
• Martindale-Hubbell attorney peer rating program: "AV"--"Very High to Pre-Eminent"
• Lawyers.com attorney peer rating program: "AV"--"Very High to Pre-Eminent"
• Avvo.com attorney peer rating website: rating "10.0"--"Superb"
• Who's Who In American Law: Pro Bono Publico Award ("attorney acting for the public good")
• Rockland County Bar Association: "Citizen of the Year"- ("for public service") Our Town Newspaper, Orangetown, New York, 1998
What is your opinion regarding clients educating themselves on legal issues?
It is very important for clients to educate themselves on the legal matters in which they are involved. The better my clients understanding of the law is, the better I can serve them. On that point, I have read a good number of the books and programs on various areas of the law as published by Nolo and I have been very impressed with these books. They are very worthwhile for individual clients to educate themselves- including the Nolo books on personal injury matters, estate planning, elder law and the one on serving as the executor of a deceased person's estate. As the New York Times states, "in Nolo you can trust". As clothing retailer Sy Syms said, "an educated customer is my best customer". As I like to say, "an educated client is best able to benefit from the legal services I provide."
Are you willing to review documents prepared by clients?
In the complex areas of law that I practice (personal injury, accident law, estate planning, administration and elder law) which are extremely technical and vary from state, I prefer to use my own documents as a foundation for my legal work. My documents are based upon my decades of work for clients.
For situations such as small claims matters not involving great amounts of monies or assets, the material which an individual can prepare on their own behalf, using an excellent resource such as Nolo, can be quite worthwhile. I am not needed by individuals in such matters.
Our firm devotes our resources to complex matters involving significant amounts of monies, assets or major injuries in which our clients are seeking significant money damages or transferring substantial assets from one generation to the next.
Are you willing to coach clients who want to represent themselves?
I sincerely believe that my individual skills and resources are best utilized in major and serious matters. Clients should be represented by an attorney in matters that are beyond the skill level of an individual who has not been trained in the law and does not have years of experience. Clients should not be representing themselves in the types of matters that my firm handles.
This does not mean that we do not help people who are unable to pay- we do a lot of our work on contingency retainers including accident and injury cases. If there is no dollar recovery to the client, there is no legal fee to the client. In addition, we do a considerable amount of pro bono publico work- for the public good- without compensation. We have been recognized and received awards for our efforts in this area.
Why did you decide to be a lawyer?
I decided to become an attorney to help people, to help individuals in need of assistance. I believe that any individual that wishes to succeed as an attorney must have a sincere and continuing dedication to helping and assisting people. I listed that I wanted to be an attorney in my high school yearbook (Pearl River High School). My heroes from childhood have included great attorneys such as Abraham Lincoln, John Adams, Daniel Webster and Henry Clay; as well as Clarence Darrow, F. Lee Bailey and Edward Bennett Williams. To this day, my favorite books/movies include To Kill a Mockingbird, Anatomy of a Murder, and more recently, A Civil Action and The Verdict. Each of these books/movies shows how interesting and exciting the law is; especially when the legal rights of individuals and fundamental justice are concerned. To this day, after decades of practice, I still have an enthusiasm, a love and an appreciation for the law and for helping people as my clients on a daily basis.
What work experience and education helps you be a better lawyer?
I have practiced law every day for more than three decades. I have worked with people and helped them with their legal needs and problems in the areas of personal injury law, estate and elder law and I have gained considerable skills, knowledge and experience as a result of my efforts. My "professional patterns" are very considerable (this term comes from "chess" and refers to the fact that a person has been in many situations before and acts on his knowledge base built up from his experience in those situations).
I have also taught for decades as an Adjunct Professor in various legal areas including estate planning, elders law, taxation, financial planning, municipal law, liability law, and business law at both the college level and the graduate school level at Pace University and Long Island University. I previously taught at Rockland Community College. I also regularly give presentations to various groups such as the Library Association of Rockland County in May 2011.
I have also regularly served on various professional boards and committees. Such as President of the Rockland County Bar Association and I'm also a member of the House of Delegates for the New York State Bar Association. All of these activities help to make me a better, more knowledgeable attorney.
Why did you decide on your primary area of practice?
To help individuals in need, like victims of automobile accidents and to help individual establish and complete their estate planning and elder law strategies. Each of these areas of the law provides me with the opportunity to help people on a daily basis which has been extremely rewarding to me throughout my career.
What do you like best about your career?
The sense of personal achievement and satisfaction that comes from helping my clients to obtain recovery for personal injuries as caused by the negligence and wrongdoing of others and my satisfaction in helping people with their estate planning and elder law needs.
Tell us about your law firm:
I have worked as an attorney and partner in my law firm, O'Connell & Riley, which I helped to establish in Pearl River, Rockland County, New York in the lower Hudson Valley in 1978 and in Montvale, Bergen County, New Jersey. We have two attorneys, each a partner and each admitted to practice in New York and New Jersey. We have five paralegals and legal assistants on our staff. We are very proud of the personal service we provide. For example, we do not use voice mail during our business hours, 9:00 a.m. to 5:00 p.m. each day.
What are your strengths and style?
I am dedicated to my clients. I pursue their matters with persistence and enthusiasm. I continue my efforts on behalf of my clients in matters in which I am engaged when many other lawyers might give up. I have a great appreciation for the practice of law and our system of courts and justice. Law is an exciting area and deserves enthusiasm and dedication.
Personal Interests:
My family including my wife, Joan (we are happily married now 41 years), my three children, my three in-laws, nine grandchildren; my dogs, Cassie, a rescue Labrador, and Harry, a rescue Golden Retriever and my three-mile walks with them every day. The mountains, the ocean, nature, bird watching, photography, woodworking, technical items such as old machinery and cars, and I enjoy reading in all fields, especially history, law and biography.
Office Manager/Assistant
Chief Paralegal, Angela Vignola
Fax
(845) 620-0722
Office Hours
Monday through Friday
9:00 a.m. to 5:00 p.m.
Otherwise, by appointment as scheduling permits.
Emergency After Hours
No
Foreign Languages
Spanish: other language translators are available on a scheduled basis.
Additional Offices
New Jersey Office
210 Summit Avenue
Suite A11
Montvale, NJ 07645
Fixed-Price Services and Fees
Retainers and legal fees are always established by agreements with client.
Hourly Rates
$300, but matters are often taken on fixed or agreed fee basis.
Or percentage fees in contingency matters, such as accident and injury cases, whenever possible.
Free Initial Consultation?
There is no fee for any initial consultation in all accident and injury cases.
In estate planning matters, I recommend what work should be carried out and quote a fee in advance for that work at the initial free consultation.
In elder law matters, I charge for the initial consultation because legal advice is given at the very first consultation.
Typical Retainer
I have a written agreement which must be acceptable and agreed to by the client before billable or contingency work commences. The client must feel comfortable with my proposed fee structure before I proceed. I never pressure a client to sign a retainer.
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Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers upon joining the directory.
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