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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
Fax: 650-697-0577
Selected to Super Lawyers: 2004 - 2022
Licensed in California Since: 1992
Practice Areas: Business Litigation, Consumer Law, Elder Law
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
  • 50%Business Litigation
  • 30%Consumer Law
  • 20%Elder Law
Focus Areas

Consumer Protection


19 Years Super Lawyers
  • Super Lawyers: 2004 - 2022

Certificates and Credentials

About Niall P. McCarthy

First Admitted: 1992, California

Professional Webpage:

Bar/Professional Activity

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


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

Pro bono/Community Service

  • Chairman of the Board of Directors, Community Gatepath

Scholarly Lectures/Writings

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

Educational Background

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

840 Malcolm Road
Suite 200
Burlingame, CA 94010

Phone: 650-697-6000

Fax: 650-697-0577

Last Updated: 5/15/2022

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