Nancy Hersh, Partner

Nancy shared the practice with her father LeRoy for over 30 years. Together they built a firm based on essential values that continue to this day. Nancy’s accomplishments are recognized by both her clients and her peers. She received the San Francisco Trial Lawyers Association Lifetime Achievement Award in April 2010, an honor that had never before been awarded to a woman trial lawyer. This award reflects Nancy’s career and accomplishments in helping those injured and those who otherwise would have no voice.

Throughout her career Nancy has been a passionate advocate, using the law to address women’s healthcare issues and other areas of social justice. As one of the first woman personal injury lawyers she combines tenacity, determination, and empathy for her clients. These attributes are essential as she has tackled a series of groundbreaking cases including DES Litigation, the first breast implant case to establish the connection between silicone and physical injuries, and the first Diet Drug (Fen-Phen) case filed and settled.

Mark E. Burton, Jr., Partner

I started as an associate at Hersh & Hersh in 1998 and have been a partner since July 2004. I have managed, prepared, and handled a diverse group of personal injury matters, including employment cases: wage & hour, harassment cases, and pharmaceuticals, medical devices, motor vehicle collisions, and medical malpractice cases. I have a deep background in mass tort litigation, such as Zyprexa and Defibrillators/Pacemakers.

Insurance Companies, Corporations and Doctors have more money, they have more attorneys and they have far more political influence. The only reason that we are able to prevail on behalf of their victims is because justice is on our side. As long as these corporations continue to value profit over the rights and safety of the public, I will do my part to bring justice to the injured consumers I am so privileged to serve.

I live in Nicasio Valley, Marin County with my wife and two young boys. My boys are avid baseball players. I spend time outside of the law coaching their team, maintaining the baseball field and working around the ranch in Nicasio.

Charles C. Kelly II., Partner

I am a partner at Hersh & Hersh and have practiced law with Hersh & Hersh since 2002, handling catastrophic injury cases in diverse areas of law including premises liability, product liability, and general negligence.In 2008, I was a finalist for the Consumer Attorneys of California’s Trial Lawyer of the Year award for my work on Johns v. Simplicity, Inc., which resulted in the largest infant crib recall in history. The case was covered by the Chicago Tribune, Los Angeles Times and Washington Post. My clients and I also appeared on the CBS Morning Show with Connie Chung.Other noteworthy cases with complex liability and damage issues that I have successfully resolved include:

A premises liability action against a Bay Area motel for the sexual assault of a guest in her room by an unknown intruder.
A premises liability action against a building owner for a defective ladder, which caused my client, a worker on the premises, to fall multiple stories from the roof.
A premises liability and negligence action against a treatment center for children with autism after my client, a 6 year-old child, lost her finger in the machinery of a treatment device.
A medical malpractice action against a Bay Area hospital after a nurse failed to properly monitor the fetal heart rate resulting in severe brain injury in the newborn.
A dangerous condition of public property action against the State of California for a defective median barrier located on Interstate 80 in Solano County.
A product liability action against the manufacturer of a medical device used to repair meniscus tears that failed post-operatively and caused permanent damage to a firefighter.

I enjoy challenges both in and out of the courtroom. I ski, paddleboard, hike and mountain climb. I have two adult children. I live in Marin County and can be found around Fairfax on most weekends walking my two dogs, Melanie and Kali, and hanging out with the neighbors.For commentary, legal news and trends you can follow me on twitter @sfpilaw.

Kate Hersh-Boyle, Partner

Kate Hersh-Boyle, Partner I graduated from law school in 2011 and began working at Hersh & Hersh that same year. I have worked on a variety of personal injury matters: medical malpractice involving death and injury, including birth injury, stroke, failed surgery, dangerous and defective drug and device, automobile, pedestrian, bicycle accidents, and business litigation. I have handled all parts of a case from before it is filed through trial.

In her own words . . .

I am passionate about fighting for justice, winning and achieving great results for my clients. I had the honor of growing up watching my family, full of incredible lawyers, work passionately to achieve justice and social change by advocating for and helping people who had been injured. I was inspired to do the same. I have the additional privilege of working with my mother, Nancy, learning from her incredible experience and sharing her unwavering passion for justice, the law and our work.

Besides successfully representing people through trial and settlements, one of the things I have valued most is being able to use skill, intellect and perseverance to change the law. I was part of a team that won an appeal in the First District Court of Appeal. The case involved permanent injuries, including blindness and burn-like rashes, sustained by a woman from taking a dangerous drug that came without warnings about its risks. The team of Hersh & Hersh lawyers on the case uncovered that the warnings were intentionally omitted from the patient handout pursuant to an agreement between two entities. Hersh & Hersh sued the software provider that distributed the information and altered the software to exclude the warnings. The software vendor filed an anti-SLAPP Motion claiming it owed no duty to our injured client. I prevailed in briefing and argument at the trial court level when the Defendant’s anti-SLAPP motion was denied. The Defendant appealed the denial, and I, along with a team of attorneys, won on appeal, resulting in a published opinion, Hardin v. PDX, Inc. (2014) 227 Cal.App.4th 159, that changed the face of the law.

During and after college, I lived in New York City. Before moving back to San Francisco for law school, I co-founded a personal styling business focused on making fashion accessible to the everyday woman. Our team cleaned out closets then shopped to revamp wardrobes, partnering with small boutiques to bring style right to our clients’ doors. I continued to work in styling throughout law school.

Outside of the law, I’ve coached a high school mock trial team and was thrilled when our team made it to the California State Finals in 2016 and again in 2017. I live in Marin County with my husband and young daughter. My husband and I are lucky to have our family in the area and love spending time with our family and close friends. I also enjoy traveling and skiing. I am an avid runner, running 13 half marathons in 2013 and am grateful to live in the beautiful Bay Area.

Montana Baker, Associate Attorney

Montana Baker is an Associate Attorney at Hersh & Hersh, where she represents clients in personal injury matters, including: medical malpractice, consumer fraud, auto, bicycle and pedestrian accidents and dangerous property conditions. Montana handles all aspects of a case from its inception through trial.

In her own words . . .

I joined Hersh & Hersh as an associate in February of 2018. I am passionate about fighting for my clients, alongside the hardworking team of advocates at Hersh & Hersh, in order to achieve justice for people who have been injured. I strongly believe my clients deserve a legal team that is empathetic, determined and tenacious in their work. Therefore, it is my privilege to use my skills as a litigator to advocate for my clients against the persons and companies that have injured them.

In addition to my work at Hersh & Hersh, I am dedicated to giving back to my legal community. I mentor law students as they navigate the hurdles of law school, conquer the California Bar Exam, and begin their careers as attorneys.

Outside of the law, I share a love of the outdoors and traveling with my friends and family. I hike in the Northern California forests and teach my niece to horseback ride. On sunny weekends I can be found taking a run through Golden Gate Park.

Josue Aparicio, Associate Attorney

Josue Aparicio is an Associate with Hersh & Hersh, where represents workers in single-plaintiff and class action labor and employment matters, including: wage and hour disputes, sexual harassment, workplace discrimination and retaliation. He handles cases involving personal injury, medical malpractice and consumer fraud.

While in law school, Josue worked for the Women’s Employment Rights Clinic where he represented, counseled and advised low-income workers on a variety of employment matters, such as wage and hour violations, workplace harassment and gender discrimination. Here, he also lobbied policymakers and community leaders in favor of the Domestic Worker Bill of Rights (SB 1015), which obtained permanent overtime protections for California’s domestic workers in 2016.

Prior to joining Hersh & Hersh, Josue worked for a number of prestigious law firms where he helped defend private and public employers in labor and employment matters. This experience gives Josue a unique advantage over other attorneys because he understands both sides of employment litigation.

**Josue habla español y disfruta representando clientes que hablan español.**

IN HIS OWN WORDS…

I am a first generation American. My parents came to the United States from Nicaragua and they instilled in me the value of working hard to improve myself and my community. The legal profession has not yet achieved enough diversity. It is important that our society has lawyers with different perspectives and backgrounds to ensure that those who seek access to the justice system have a lawyer who can empathize with their situation. I take my position as an attorney of color very seriously and I strive to use my skills to help the country’s most vulnerable and underrepresented populations.

Nuala McNabola, Chief Financial Officer & Office Manager

Nuala joined Hersh & Hersh in 1984 and has managed the firm’s finances and human resources. Her goal is to keep the firm running smoothly and happily so that the attorneys can focus on assisting clients. Nuala’s responsibilities at Hersh & Hersh include the following:

Manage the firm’s finances as accountant and controller. Guide the firm’s financial growth while maximizing its ability to continue its mission to serve the injured individual and discourage industrial abuses of the consumer.
Manage the firm’s human resources in a way that creates a productive and congenial environment.

In her own words . . .

I was born, raised, and educated in Dublin, Ireland, and am the second oldest of five children. I married Noel McNabola, with whom I came to the United States for a “two year” visit “abroad”. Our “two year” visit has now lasted thirty-eight years, during which Noel and I have pursued our accounting careers while producing three wonderful “native San Franciscan” children. I began at Hersh & Hersh after several years working in major corporations. The family relationships at Hersh & Hersh, the consumer-oriented law practice, and the small, personal environment of the firm offered a great opportunity to use my accounting and human resource skills in a place I felt was doing good work and helping people. I have been fortunate in my ability to combine the sometimes-impersonal field of accounting with the very personal experiences of our clients and employees. I am proud of the work this firm has done and continues to do. I am happy to organize its finances and personnel to enable the lawyers to accomplish their goals in a productive and congenial environment.