Robert J. Fitzgerald

How I Help Clients

Every client that finds itself in litigation has an argument to make. As a senior attorney in Buchanan’s Philadelphia office, Robert J. Fitzgerald brings the necessary focus, experience and judgment to identify and master that argument and fashion it into a winning one. Whether it is pouring through and applying the finer points of state administrative codes, bringing prevailing constitutional principles to bear on the client’s unique circumstances, or addressing a (seemingly) routine breach of contract, Robert does the hard work – as Lincoln called it, the “drudgery of the law” – of creatively developing the argument and persuasively articulating the particular strengths of his client’s case.

He also recognizes, however, that there are times when his clients’ true interests demand something other than claims, motions, and verdicts. The most favorable resolutions often can and should be obtained before the client is required to make the commitment of resources that litigation or arbitration too often demand. Robert pursues those cases with the same tenacity and applies the same degree of prudence as those that may require a trip to court.

Prior to entering private practice, Robert served as a law clerk for the Hon. Harvey Bartle III of the United States District Court for the Eastern District of Pennsylvania.

What Clients Can Expect

All legal disputes, whether pursued in the role of plaintiff or defendant, must be directed towards some purpose or it is a waste of time and money. Robert’s clients can first expect that he will partner with them to identify and understand the objectives of their case. From there, his clients can expect cost-effective, high-quality work that is always directly aimed at realizing those goals. Moreover, throughout the course of the representation, Robert will provide the sound advice and good judgment needed to reach the best resolution as efficiently as possible.

Outside the Office

Robert was born and spent his youth in New Orleans, one of the more … unique … cities in the world. He moved to Philadelphia for law school, and he and his wife have been here ever since. He finds that most of his time is dedicated to and dictated by his five children and their academic demands; soccer, football and basketball schedules; and social calendar. Only recently, while attending his son’s “back to school” night, did Robert finally realize that if he were not a lawyer, he would be a high school Latin teacher – because kids love Latin.      

Proof Points

• Defended a manager of a physician-owned ambulatory surgery center in lawsuit brought by a national healthcare-insurance company, obtaining summary judgment on kickback and fraud claims.
• Represented a state government official against statutory and constitutional challenges to use of electronic voting machines that resulted in opinion from the Pennsylvania Supreme Court supporting the client’s position.
• Defended a healthcare management contractor in qui tam litigation arising out of efforts to obtain Charity Care for New Jersey hospitals.
• Represented an owner and manager of housing for low-income, elderly residents in dispute with local township, negotiating a timely and beneficial resolution that avoided the expense and strain of continued litigation and potential liability.
• Represented a casino management and operation company in administrative and regulatory proceedings as it pursued a state gaming license.
• Defended a local producer of industrial machinery against breach of contract claims brought by purchaser in Poland.
• Defended a state police organization in a First Amendment retaliation claim.