NEWS

Sholes & Miller Attorneys included in Hudson Valley Magazine’s List of 2024 Top Lawyers

The team of attorneys at Sholes & Miller have once again been included in Hudson Valley Magazine’s list of Top Lawyers. Inclusion in the list is based on responding lawyers in the region. The list is compiled by an online peer-voting and internet research process.

The attorneys and practice areas are listed as follows by the magazine:

Robert Irving Miller, Jr., Civil Law Litigation

Mary Pat Burke, Medical Malpractice Defense

Kimberly L. Brown, Personal Injury

Robert R. Haskins, Medical Malpractice Defense

Randy L. Braun, Labor and Employment (listed under Randy L. Braun, Attorney at Law)

The attorneys at Sholes & Miller are honored to be included on the 2024 list. They strive to serve their clients with the highest standards of integrity and excellence during 2024 and beyond.

You can see the complete list of Hudson Valley Magazine’s 2024 Top Lawyers online here: https://hvmag.com/life-style/top-lawyers-hudson-valley.

Sholes & Miller, PLLC Names Attorneys Ellen A. Fischer and Kimberly L. Brown as Partners

Sholes & Miller, PLLC is pleased to announce the promotion of Ellen A. Fischer and Kimberly L. Brown as Partners in the firm. Both attorneys were promoted on August 1, 2023. Sholes & Miller, PLLC is a law firm that serves the varied legal needs of health professionals and facilities, while also offering an array of other diverse legal services.

“We are delighted to have both Ellen and Kimberly become Partners at the firm. They have both shown themselves to be exceptional attorneys with stellar records of proven results for our clients.” said Robert Irving Miller, the firm’s managing partner.

Ms. Fischer concentrates her practice in appellate and motion practice. Her other practice areas include medical malpractice defense and personal injury. She also is well versed in Mental Hygiene Law, including involuntary retention and medication hearings; federal motion practice; defense of physicians in civil rights actions by patients; and defense of premises liability actions. Ms. Fischer earned her Juris Doctor degree from Villanova University School of Law and her Bachelor of Arts degree from Binghamton University. Ms. Fischer is a life-long resident of Dutchess County, where she lives with her husband and their two children.

Kimberly L. Brown focuses her practice on medical malpractice defense. Personal injury, premises liability, product liability, automobile accidents and labor law are other active practice areas for Ms. Brown. Ms. Brown graduated from Benjamin N. Cardozo School of Law within the top 20% of her class, and received a B.A. from Binghamton University, graduating summa cum laude. Ms. Brown was a judicial intern for New York City Civil Court Justice Shlomo S. Hagler (who is now a State Supreme Court Justice). She is admitted to practice law in New York State and Massachusetts. Ms. Brown resides in Dutchess County with her husband and their three children.

Ellen A. Fischer Appointed to NYSBA Committee on Civil Practice Law and Rules

Sholes & Miller congratulates Ellen A. Fischer on her recent appointment to the New York State Bar Association’s Committee on Civil Practice Law and Rules.

Ms. Fischer, a Dutchess County, NY resident, concentrates her practice in appellate and motion practice. Other practice areas include medical malpractice defense and personal injury. She also is well versed in Mental Hygiene Law, including involuntary retention and medication hearings; defense of physicians in Civil Rights actions by prisoners; and defense of premises liability actions. Ms. Fischer earned her Juris Doctor degree from Villanova University School of Law and her Bachelor of Arts degree from Binghamton University.

The Committee on Civil Practice Law and Rules is charged to maintain and develop New York as a preeminent litigation center that provides unfettered access to justice for all; to make civil practice friendly for the parties, attorneys and courts and remove traps for the unwary; and to increase efficiency and professionalism in litigation and decrease increasing litigation costs.
Members of the commercial bar, the personal injury bar, law professors and judges make up its membership. To learn more visit https://nysba.org/committees/committee-on-civil-practice-law-and-rules.

Sholes & Miller Named One of the 2023 Best Companies to Work for in New York by Best Companies Group

The law firm of Sholes & Miller earned the distinction of being named one of the 2023 Best Companies to Work for in New York by Best Companies Group. The firm has been ranked six out of thirty-three in the Small Employer Category (15 – 99 employees). Best Companies to Work for in New York identifies, recognizes and honors the best places of employment in New York in three categories: small, medium and large companies.

The team at Sholes & Miller is honored to be included on the 2023 list. They strive to serve their clients with the highest standards of integrity and excellence during 2023 and beyond.

Best Companies Group managed the overall registration and survey process and also analyzed the data and used their expertise to determine the final rankings. There were two parts used to determine the rankings. The first consisted of evaluating each nominated company’s workplace policies, practices and demographics, worth approximately 25 percent of the total evaluation. The second part consisted of an employee survey to measure the employee experience, which consisted of 75 percent of the total. The combined scores determined the top companies and the final rankings.

Since 2004, Best Companies Group has specialized in identifying and recognizing great employers to work for. Best Companies Group is an independent research firm that ranks companies based on established research methodology. The surveys provide actionable, hard-to-obtain data that companies use to improve employee recruitment and retention.

“This year’s Best Companies to Work for in New York know the importance of communication, onboarding, feedback loops, flexibility, and diversity and inclusion in a successful work environment. They make sure their staffers feel appreciated, engaged and successful,” said Suzanne Fischer-Huettner, managing director of BridgeTower Media. “Along with our partners, the New York State Council of the Society for Human Resource Management and the Best Companies Group, we are honored to recognize the accomplishments of these outstanding businesses.”

To view the complete list of 2023 Best Companies to Work for in New York, visit: https://bestcompaniesgroup.com/best-companies-to-work-for-in-new-york/winners/2023-best-companies.

Sholes & Miller Attorneys included in Hudson Valley Magazine’s List of 2023 Top Lawyers

The team of attorneys at Sholes & Miller have once again been included in Hudson Valley Magazine’s list of TOP LAWYERS. Inclusion in the list is based on responding lawyers in the region. The list is compiled by an online peer-voting and internet research process.

The attorneys and practice areas are listed as follows by the magazine:

Robert Irving Miller, Jr., Civil Law Litigation
Mary Pat Burke, Medical Malpractice Defense
Kimberly L. Brown, Personal Injury
Ellen A. Fischer, Appellate Law
Robert R. Haskins, Medical Malpractice Defense
Randy L. Braun, Labor and Employment (listed under Randy L. Braun, Attorney at Law)

The attorneys at Sholes & Miller are honored to be included on the 2023 list. They strive to serve their clients with the highest standards of integrity and excellence during 2023 and beyond.

You can see the complete list of Hudson Valley Magazine’s 2023 Top Lawyers online here: hvmag.com/life-style/top-lawyers.

Attorney Robert R. Haskins Awarded 2022 Distinguished Rating® by Martindale Hubbell®

Robert R. Haskins, Esq. earned a 2022 ‘Distinguished Rating^®’ from Martindale Hubbell^®. Mr. Haskins was awarded this very high rating in ‘Both Legal Ability & Ethical Standards.’ The Distinguished Rating^® is earned through a strenuous peer review process that is managed and monitored by Martindale Hubbell^®, a trusted global legal resource.

Robert R. Haskins, of counsel to the firm Sholes & Miller PLLC, has over 37 years of experience as an attorney.  Mr. Haskins is involved in all aspects of medical defense litigation including case assessment, fact and medical investigation reviews, depositions, motions, and appeals. Mr. Haskins’ law practice centers on the defense of physicians, nurses, hospitals, and nursing homes in medical malpractice litigation. In addition, he represents plaintiffs in personal injury litigation. Mr. Haskins is also an experienced, certified mediator.

Martindale Hubbell^® is an information services company to the legal profession and a trusted source in attorney ratings for over 150 years, providing reviews of lawyers and law firms for consumers and professionals. Martindale.com contains the profiles of over one million lawyers and firms globally.

Attorney Robert I. Miller, Jr. Awarded Gartland Award for Community Service

The Dutchess County Bar Association awarded the Gartland Award for Community Service to Robert Irving Miller, Esq., during its annual Law Day Luncheon on May 19, 2022.  The Locust Grove historic site, in the town of Poughkeepsie, was the setting for the luncheon and awards ceremony. The keynote address was delivered by the Honorable Anne E. Minihan, Administrative Judge, 9^th Judicial District.

Mr. Miller’s extensive experience in the fields of health care, business and law has made him a valuable asset to the many organizations at which he has volunteered over the years. Mr. Miller holds the distinction of being a nurse-attorney, as he is both a registered nurse and a practicing attorney. He is the managing attorney at Sholes & Miller, PLLC, based in Fishkill.

The award is named in honor of the late John “Jack” Gartland, Jr., who was a founding trustee of the James J. McCann Charitable Trust and the McCann Foundation. Mr. Gartland’s commitment to the community left a legacy that continues to provide opportunities for Dutchess County residents. The Dutchess County Bar Association presents the Gartland Award annually to a member whose dedication to making their community a better place exemplifies the legacy of Mr. Gartland. The Dutchess County Bar Association is a professional nonprofit legal organization, serving both attorneys and the community at large since 1919.

Mr. Miller currently contributes his time and resources to the betterment of the Community at Brookmeade, a non-profit senior living retirement community located on 75 country acres in Rhinebeck, NY.  He has served for seven years on their board of trustees. For the past three years he has also served as treasurer. Because of his work at Brookmeade, Mr. Miller was awarded the 2021 New York Trustee of the Year Award from LeadingAge NY, an association of more than 600 not-for-profit organizations serving New Yorkers.

Robert also serves as trustee and treasurer of the East Fishkill Community Library District. This active public library offers a multitude of services to the people it serves. They even have a Free Little Food Pantry where community members can donate or receive non-perishable food and other essential items.

During 2020, in reaction to the COVID pandemic, Mr. Miller recognized the need and donated funds from Sholes & Miller to Dutchess Outreach, to help meet basic needs for people requiring food during the economic shutdown.

Robert’s past volunteer positions include:

• Vice President and Member, Dutchess County Board of Health
• President, Abilities First (then Rehab Programs, Inc.) Board of Directors
• Institutional Review Board Member, Vassar College
• Service on ethics committees for several hospitals and nursing homes
• Board Member, Greater Southern Dutchess Chamber of Commerce
• Board Member, Rebuilding Together Dutchess County
• Board Member, Catskill-Hudson Area Health Education Center
• Member, East Fishkill Rotary Club
• Walden Volunteer Ambulance Corps

From building homes ­– to feeding people ­– to serving as president for a non-profit that benefits people with developmental disabilities, Mr. Miller has always demonstrated his empathy for others through his community service.

Randy Braun on the Hudson Valley Business Scene Radio Show

Listen to an informative conversation with Labor, Employment, and Construction Law Attorney Randy Braun online or on WKIP 1450/1370AM & 98.5FM. Randy will be speaking with Frank Castella, Jr., President and CEO of the Dutchess County Regional Chamber of Commerce and host of the Hudson Valley Business Scene Radio Show. They will discuss legal issues in the workplace that affect almost everyone – business owners and employees alike.

Randy is an experienced labor, employment, and construction law attorney who strives to achieve the best possible result for his clients and to make the experience in working with an attorney a positive one. He is also very entertaining!

The Hudson Valley Business Scene Show is a pre-recorded radio show presented by the Dutchess County Regional Chamber of Commerce.

Listen on Sunday, February 6 at 11:30am or on Sunday, February 20 at 11:30am. If you miss this show at these times, you can listen to the show here:  https://www.dcrcoc.org/chamber-sunrise-show

Robert I. Miller Named 2021 NY Trustee of the Year by LeadingAge NY

Robert Irving Miller, managing attorney of Sholes & Miller, PLLC, was awarded the 2021 NY Trustee of the Year Award from LeadingAge NY at their annual awards ceremony held on December 1, 2021. Mr. Miller received this honor for his dedication and service as treasurer and member of the board of trustees of the Community at Brookmeade, a not-for-profit senior living retirement community located in Rhinebeck, NY. The Community at Brookmeade is located on 75 country acres and offers independent living, assisted living, long-term care, sub-acute rehabilitation, palliative care and out-patient rehabilitation services. The community will also open a medical model adult daycare center this spring.

The Trustee of the Year Award is bestowed on those who have served selflessly and with distinction on the board of trustees of a LeadingAge NY member organization. The selection committee looks for significant contributions of time and effort toward the betterment of his or her organization and the people it serves or service to the elderly and infirm.

LeadingAge NY is an association of 6,500 not-for-profit organizations dedicated to expanding the world of possibilities for aging. They advance policies, promote practices and conduct research that supports, enables and empowers people to live fully as they age. You can find out more about LeadingAge NY and view the 2021 virtual awards presentation at www.leadingageny.org.

Mr. Miller has contributed his time and resources to the betterment of the Community at Brookmeade, serving for seven years on the board of trustees and for three years as treasurer. Mr. Miller holds the distinction of being a Nurse-Attorney, as he is both a registered nurse and a practicing attorney. He is also a former hospital and nursing home administrator. His extensive experience in the fields of law and medicine, along with his leadership and commitment, make him a valuable asset to the Community at Brookmeade.

Looking for Talented Attorneys to Join Our Team

Sholes & Miller is currently seeking two outstanding professionals. Open positions are for Senior Litigation Attorney and Junior General Practice Attorney. To apply for either position, email your resume and cover letter with salary requirements to Julieanne MacDonald, Firm Administrator, at JM@sholesmiller.com.

Senior Associate – Trial Attorney 

The attorney will manage a full-time caseload of litigation matters, from inception through trial and will also conduct hearings in Mental Hygiene Law proceedings. The practice includes medical/hospital/nursing home malpractice defense; premises and general liability defense; defense of licensed professionals in disciplinary matters; commercial litigation; and plaintiffs’ personal injury.

Responsibilities:

• Manage a full-time caseload of litigation matters from inception through trial.
• Keep the insurance claims examiner, client and partner assigned to each matter regularly informed of its status.
• Draft correspondence, and communicate with clients, investigators and insurance claims personnel as necessary by telephone and in writing.
• Draft pleadings and discovery demands.
• Draft responses to discovery demands from other parties.
• Visit clients’ facilities when necessary, for inspection of location of the events mentioned in the pleadings.
• Attend court conferences.
• Draft cogent, complete and timely letters and reports to insurers and clients as required.
• Make and oppose motions, investigate facts, obtain, review and analyze medical records.
• Identify and interview witnesses; conduct questioning of parties and witnesses at depositions.
• Prepare clients and witnesses for depositions, represent and defend witnesses at depositions.
• Identify and prepare experts as necessary, meeting all court-ordered deadlines, prepare for trial, create exhibits and/or PowerPoint presentations for use in court.
• Conduct legal research and draft memorandums of law prior to, and attend, trials as assigned by the managing attorney.

The ideal candidate will have:

• A minimum of five years of civil litigation experience or experience as a prosecutor in New York Courts, including depositions and court conferences as well as some successful first seat Jury trial experience.
• An active license in good standing to practice law in the state of New York.
• The ability to remain organized and efficient while managing multiple matters.
• Analytical skills; problem solving skills and good judgement; the ability to present statements of fact and law; and argue clearly and logically in written and oral form.
• The ability to communicate complex information actively, clearly and concisely in written and spoken English; listen well; ask relevant questions; and give and receive clear and understandable instructions.
• The ability to function both independently and in a team environment and, when necessary, to work more than eight hours in a day or to work additional hours on non-business days.
• The ability to establish and maintain cooperative working relationships.
• A verifiably clean driving record, since the attorney will travel to courts, depositions and meetings on firm business.
• Familiarity with Westlaw or similar electronic legal research tools.
• Experience, education, or training in a health profession is a plus.
• The ability to speak and read Spanish or other second language is a plus.

To apply for the position of Senior Associate Litigation Attorney, email your resume and cover letter with salary requirements to Julieanne MacDonald, Firm Administrator, at JM@sholesmiller.com.

Junior Associate – General Practice

This position is for an attorney with experience between entry-level and three years. The attorney will assist the experienced attorneys with litigation matters with the responsibilities listed below. After gaining experience and further training, the attorney will also conduct hearings in Mental Hygiene Law proceedings. The practice includes general practice, medical/hospital/nursing home malpractice defense; premises and general liability defense; defense of licensed professionals in disciplinary matters; commercial litigation; and plaintiffs’ personal injury.

Responsibilities:

Activities may include, depending on the attorney’s interests and experience:

• Assisting in litigation, including attendance at court conferences and depositions.
• Estate planning, wills and probate.
• Mental Hygiene law proceedings and guardianships, including conducting hearings.
• Reviewing and drafting contracts and other business documents.
• Real estate transactions.
• Legal research and motions.
• Title IX investigations and proceedings.
• Advising clients.
• Under supervision initially, working on litigation matters when assigned, from inception through note of issue, including motions, keeping the insurance claims examiner, client and partner assigned to each matter regularly informed of its status.
• Drafting correspondence, communicating with clients, investigators and insurance claims personnel as necessary, by telephone and in writing.
• Drafting pleadings and discovery demands.
• Drafting responses to discovery demands from other parties.
• Visiting clients’ facilities when necessary, for inspection of location of the events mentioned in the pleadings.
• Attending court conferences.
• Drafting cogent, complete, and timely letters and reports to insurers and clients as required; making and opposing motions; investigating facts; obtaining, reviewing, and analyzing medical records.
• Identifying and interviewing witnesses, conducting questioning of parties and witnesses at depositions.
• Preparing our clients and witnesses for depositions.
• Representing and defending witnesses at depositions.
• Identifying and preparing experts as necessary, meeting all court ordered deadlines and assisting in preparation for trial.
• Creating exhibits and/or PowerPoint presentations for use in court.
• Conducting legal research and drafting memorandums of law prior to trials as assigned.

The ideal candidate will have:

• An active license in good standing to practice law in the state of New York.
• The ability to remain organized and efficient while managing multiple matters.
• Analytical skills, problem solving skills and good judgement; the ability to present statements of fact and law; and argue clearly and logically in written and oral form.
• The ability to communicate complex information actively, clearly and concisely in written and spoken English; listen well; ask relevant questions; and give and receive clear and understandable instructions.
• The ability to function both independently and in a team environment and, when necessary, to work more than eight hours in a day or to work additional hours on non-business days.
• The ability to establish and maintain cooperative working relationships.
• A verifiably clean driving record since the attorney will travel to courts, depositions, and meetings on firm business.
• Familiarity with Westlaw or similar electronic legal research tools.
• Compliance with state continuing legal education requirements.
• Experience, education, or training in a health profession is a plus.
• The ability to speak and read Spanish or other second language is a plus.

To apply for the position of Junior Associate General Practice Attorney, email your resume and cover letter with salary requirements to Julieanne MacDonald, Firm Administrator, at JM@sholesmiller.com.

Working Environment:

• Pleasant collegial team based in modern offices in a business park setting convenient to highways. Attorneys may work remotely and/or use the office when they wish.
• Attorneys are required to work a minimum of 1,800 billable hours annually. However, the firm leaves to the attorney’s discretion how to best manage her/his time, including scheduling time away from the office in accord with full-time responsibilities. The firm understands the importance of time away from the office for rest and relaxation with the recognition that attorney’s must always monitor and manage their clients and cases responsibly. If an Attorney will be unavailable while away from the office for vacation or any other reason, the attorney must arrange for another attorney at the firm to cover and take responsibility for the absent attorney’s matters.

Professionalism:

Every employee of the firm, including each attorney, is expected to exhibit professionalism through a consistent commitment to the maintenance of excellent work relationships and the development of the legal, communication and other professional skills needed to allow the employee, and by extension the firm, to provide the highest possible level of service to our clients.

All personnel at Sholes & Miller are expected to treat their coworkers, clients and the firm’s business associates with courtesy, good manners, helpfulness and civility always, and to maintain a relaxed and safe professional environment. Compliance with the firm’s anti-harassment policies and educational requirements are required.

Compensation/Benefits:

• Competitive Salary commensurate with experience.
• The firm provides employment and benefits through a Professional Employment Organization called ADP TotalSource. (Health, Dental, Vision, Life Insurance, 401k plan match, Long-term Disability, Short-term Disability, HSA, Consumer Health and Savings Account (Parking/Transit), etc.)
• The firm pays the attorney’s professional liability insurance, one bar association membership and license re-registration fees.
• The firm offers nearly unlimited continuing legal education opportunities though Westlegaledcenter.com, at the firm’s expense.