Niall P. McCarthy

Attorney Profile

Top Rated Business Litigation Attorney in Burlingame, CA

Cotchett, Pitre & McCarthy, LLP
 | 840 Malcolm Road, Suite 200
Burlingame, CA 94010
Phone: 650-697-6000
Selected to Super Lawyers: 2004 - 2017
Licensed Since: 1992
Practice Areas:
  • Business Litigation (50%),
  • Consumer Law (30%),
  • Elder Law (20%)
Attorney Profile

Niall P. McCarthy is a principal attorney at Cotchett, Pitre & McCarthy, LLP, in Burlingame, California. With a practice focused on elder abuse, elder law, consumer protection and other matters, Mr. McCarthy represents clients in Burlingame and throughout the San Francisco Bay Area.

Mr. McCarthy graduated from the University of California, Davis, and went on to earn his law degree from Santa Clara University School of Law. He is admitted to practice in all California state courts, all four federal districts in California, the U.S. Court of Appeals for the 7th and 9th circuits, and before the Supreme Court of the United States.

Over the course of his career, Mr. McCarthy has been involved in a number of high-profile cases, including several involving tragic balcony collapses. In one "false claims" action against medical laboratory companies, he helped the state of California to recover a settlement of $301 million.

Mr. McCarthy has been widely recognized for his accomplishments. Publications such as the San Mateo Daily Journal, Lawdragon magazine and the National Law Journal have named him a top plaintiff lawyer in California and the nation. The attorney peer review service Martindale-Hubbell gave him its highest rating, AV Preeminent.* In 2013, the San Mateo County Trial Lawyers Association awarded Mr. McCarthy its Trial Lawyer of the Year Award and California Lawyer magazine gave him its 2014 Attorney of the Year Award.

Mr. McCarthy has published numerous articles and books about the problem of financial and physical abuse of vulnerable adults. He frequently speaks on elder abuse at seminars and conferences.

*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general practice standards.

Practice Areas
Lawyer Practice Area Pie Chart

Business Litigation (50%)

Consumer Law (30%): Consumer Protection

Elder Law (20%)

Focus Areas

Consumer Law: Consumer Protection


Selected to Super Lawyers for 14 yearsbottom-image

Super Lawyers: 2004 - 2017

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About Niall McCarthy

Admitted: 1992, California

Professional Webpage:

Honors and Awards:

  • Bar Association of San Francisco's Award of Merit
  • Access to Justice Award from the Lawyer's Club of San Francisco
  • Stanley Mosk Defender of Justice Award
  • State Bar of California Presidential Award for Access to Justice
  • Irish 100 and Top 100 Irish lawyers in the United States
  • Marvin Lewis Award, Consumer Attorneys of California
  • Selected as a Northern California Top 100 "Super Lawyer" by San Francisco Magazine, 2004 - 2014
  • Received ABC 7/KGO TV's "Profiles of Excellence" Award, Community Gatepath
  • Received the Community Service Award from Santa Clara University School of Law
  • Presented the William Nagle, Jr. Memorial Award by the San Mateo County Bar Association
  • AV rated by Martindale-Hubbell
  • Presented The Callifornia Supreme Court Chief Justice's Award for Exemplary Service and Leadership
  • Selected as one of the Top 100 Lawyers in California by the Daily Journal
  • Received a California Lawyer Magazine Attorney of the Year (CLAY) Award
  • 2013 San Mateo County Trial Lawyer of the Year
  • 2014 Top 100 Northern California Super Lawyers List
  • 2014 Defender of Justice Award

Bar/Professional Activity:

  • Litigation Counsel of America, Elected
  • San Mateo County Bar Association, Chairman of the Business Litigation Section
  • San Mateo County Trial Lawyers, Past President
  • Ninth Circuit Court of Appeals
  • Seventh Circuit Court of Appeals
  • All Federal Courts in California
  • United States Supreme Court
  • California
  • Co-Chair, Open Courts Coalition
  • Consumer Attorneys of California, President, 2012
  • American Board of Trial Advocates

Pro bono/Community Service:

  • Chairman of the Board of Directors, Community Gatepath

Scholarly Lectures and Writings:

  • Author, "Elder Abuse Claims Not Subject to MICRA"
  • Author, "Elder Abuse: Recent Legal and Legislative Developments"
  • Author, "The Elder Abuse Statute: California's Underutilized Law"
  • Author, "Home Equity Loss in California Through Predatory Lending"
  • MCLE panelist
  • Co-author, "False Claims Act Fundamentals"
  • Co-author, "Recent Developments in False Claims and Healthcare Litigation"
  • Co-author, "Qui Tam Litigation, A Primer for the General Litigator"
  • "Answering the Call: Attacking Healthcare Fraud with the False Claims Act"
  • Qui Tam Actions, 2013
  • Trial Themes, 2014
  • Financial Elder Abuse, Legal Assistance for Seniors Conference, 2015
  • Inside the Minds: Elder Law Client Strategies in California, Fighting Financial Elder Abuse In California, May 2015
  • Combating Predatory Lending in California
  • California Lawyer's 2012 Attorney of the Year Award, February 10, 2012
  • The Lawyers' Club of San Francisco 65th Annual Supreme Court Luncheon, April 25, 2012
  • 46th Annual CAOC Convention, November 9, 2012

Educational Background:

  • University of California at Davis, B.A., 1989
Office Location for Niall P. McCarthy

840 Malcolm Road
Suite 200
Burlingame, CA 94010

Phone: 650-697-6000


Niall P. McCarthy:

Last Updated: 2/10/2017

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