“When a client selects our office to represent them, it is a great honor. Our clients trust us to navigate them through the rigors of a high-stakes legal system. There is nothing more professionally satisfying to me than rewarding that trust by achieving a successful result.” Tim is experienced in all areas of complex litigation and alternative dispute resolution and focuses his practice on medical malpractice, personal injury, and appellate law. A partner in Phelan, Phelan & Danek and head of the Appellate Law practice, his strength is a comprehensive knowledge of the law and understanding of the legal process. Prior to entering private practice, Tim served as an Appellate Court Attorney for the Appellate Division Third Department. This experience provided him an insider's perspective of the different courts, and how the court decision process works. He has been with Phelan, Phelan & Danek from the beginning, and values its big firm experience, small firm relationships, and the family environment. Tim is very active with his family and community. He serves as Board President with Niskayuna Youth Football & Cheerleading, works with the Niskayuna Town Parks & Recreation Committee, and coaches his daughter's travel softball team. Married for 14 years to his high school sweetheart Jessica, he has 3 children, softball player Cadence, 11, footballer Brooks, 10, and 6-year-old Lilly, who specializes in 'trouble'. Lawyer.com Member Questionnaire Please describe a case(s) in the last year or two where you made a big difference. I received a call from a 10 year old girl who broke her wrists using monkey bars at school.  After falling, her teacher declined to let her see the nurse and she completed the school day.  She was healing well, but several attorneys turned down her case believing that her damages were limited.  The School District’s insurance company claimed that they were only responsible for a couple of hours of pain and suffering and offered nuisance value.  I took the case and sued the School District for depriving the child of her civil rights under 42 U.S.C. section 1983, by depriving the child of her basic human right to medical care.  The case settled quickly after that for a substantial settlement. How did you build a successful practice? The cornerstone of my practice, as with most, is to listen specifically to my client’s needs.  I believe what sets my practice apart, is creativity in designing approaches to reach a client’s goals using all available avenues.  To achieve this goal, I have developed expertise in all means available.  From trial to alternative dispute resolution, I have the expertise to achieve the goals of my clients in the means that best suits their objectives. What should clients look for in a lawyer? First and foremost, clients should look for an experienced lawyer who listens to them and understands their core objectives.  I believe that a fundamental component to the lawyer’s job is to ensure that he or she understands exactly what the client’s objectives are.  Once the objectives are clearly identified, the attorney’s responsibility to provide the client with available options to achieve that goal and an honest evaluation of the case. What information can you provide in a free phone consultation? During our initial telephone conversation, we will discuss the aspects of your case and get an understanding of not only what happened, but what you would like to have happen moving forward.  At this point, we will determine if my firm is an appropriate match for you.  If so, we will make a plan to meet and discuss what materials, if necessary, we should review as we continue to develop a plan. What information do you need in a free phone consultation? During the initial telephone conversation, clients should be prepared to generally discuss the nature of their case and be prepared with as many details as possible.  We need to know what happened, and how it has impacted you.  In addition, we need to know the timing of the occurrences that give rise to your potential claim.  Time may be of the essence, so please call as soon as possible.  We are here and ready to help you. What differentiates you from other lawyers in your community? What differentiates me from other lawyers in this field is the perspectives on the law and the system that I have honed over the course of my career.  One of the keys to the development of my practice was my time as a clerk with the Appellate Division, Third Department.  Not only was I exposed to several types of cases while there, but I gained the valuable and rare perspective of the cases from the Court’s view.  Using these experiences, I have endeavored to create a practice model that is friendly to the Court’s needs.  I find that this approach has been helpful to achieve client goals. What is the most rewarding aspect of your job? The most rewarding part of my job is the satisfaction that I take away from making a difference in my client’s lives.  Clients come to our firm with a need, and often in distress.  We work hard to reach a conclusion of their case that meets their needs and improves their lives.  The opportunity to make a positive impact on the lives of others is what sparked my interest in the law years ago and still fuels my practice today. What are your other interests in addition to law? I am an active volunteer in the Community.  I have four children and coach youth football.

Litigation attorney since 1983 specializing in all facets of trial work with over 125 jury verdicts in that time period representing both defendants and plaintiffs.

David treats every case from day 1 as if it will be presented to a jury and explains each step of the litigation process so that you are an informed client and trial partner. David joined the firm as a “Summer Associate” in May of 2013 after completing his second year of law school. His position was originally for a limited time period spanning the summer months. However, David impressed the partners of E. Stewart Jones Hacker Murphy with his ability to write, critically think on his feet, and the ease of which he understood the new legal issues thrown at him. David stayed on to become a full time Associate Attorney after he graduated. Over the years David has proven himself a zealous trial advocate for his personal injury cases amassing jury verdicts and favorable settlements for his clients. Having tried an assortment of different personal injury cases, David knows from start to finish what it takes to get the result his clients deserve. As the head of the firm’s small class action litigation department, David was lead counsel for a class of over 34,000 people against Stewart’s Shops, which resulted in financial compensation to every class member. David is actively engaged in pursuing compensation for victims of timber theft where he has several trial victories and multiple favorable appellate decisions on the topic, including an appellate decision increasing a $12,000 monetary award to $124,000. David is also very active in the local Rugby community in and around the Capital District. David was introduced to Rugby at Albany Law School. In his second year, David became the Vice-President of the team and eventually became President of the team his third year. While in law school, David became one of the founding members of the Albany Bootleggers, a local social rugby club named after one of E. Stewart Jones’ most famous defense clients, Jack ‘Legs’ Diamond. The Albany Bootleggers not only play rugby but concentrate on fraternity and charity, adopting families in need during the holiday season so nobody has to go without, holding annual cancer research fundraising events and holding fundraising events for wounded veterans. Besides Rugby, David otherwise spends a considerable amount of time with his blind rescue dog Betsy and her brother Murray.

Our founding partner, attorney James E. Kleinbaum, has been practicing law since 1994. As an experienced traffic and criminal defense lawyer, he has helped thousands of clients throughout New York protect their freedom, record and driver's licenses. As an experienced negotiator and trial lawyer, Mr. Kleinbaum has helped many businesses and individuals in civil disputes, including landlord tenant disputes and contractual disputes. Attorney Kleinbaum is pleased to assist local business owners with commercial collections and he has extensive experience in the representation of buyers, seller and lenders in real estate closings.