As an academic-oriented attorney, I thoroughly enjoy researching and writing, and I’m told that’s what I do very well. I take a steady, unemotional approach to my work, and I stay grounded in a realistic view of client matters, which allows me to ferret out potential pitfalls and problems. That mind frame keeps me on top of the task at hand and helps give clients or other firm lawyers I work with a heads-up on issues that might be heading their way.
Patrick O’Cain lends his writing and researching skills to help McGlinchey attorneys firmwide with their motion practices, appeals, and other projects. Focusing primarily in the area of products liability litigation, Patrick adapts his work to the specifics of each jurisdiction and closely follows the rules of the court where the case is being litigated. He enjoys the intellectual challenge of appellate matters in particular, and also relishes the opportunity to work on a case that leads to a change in the body of law, improving the current statutes.
Patrick also represents clients in his own products liability cases, which are primarily related to Louisiana’s specific civil action of redhibition, a version of the “lemon” laws that are more common in other parts of the United States. Louisiana’s redhibition cases are similar to a breach of applied warranty cases but are less strict in terms of what a claimant must prove and what must be done to defend it. The law in this area can be unpredictable and thus frustrating for companies. A $25,000 product with a warranty claim, for example, could theoretically end up supporting a $100,000 verdict.
Patrick diligently to works to keep his clients informed about the twists and turns that these cases often take and strives to give clients a realistic overview of the vagaries and peculiarities of the redhibition process.