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Henry Miller; Senior Partner; Clark, Gagliardi & Miller, P.C. [by Regan Morris] A trial attorney for nearly five decades, Henry Miller still gets a thrill battling it out in the courtroom and is known for his brilliant and often entertaining cross examinations. LawCrossing speaks with Mr. Miller about his practice and how his life-long love of acting and the law led him to create a one-man show where he portrays legendary lawyer Clarence Darrow.
Miller knows how to make ‘em laugh. During
your honors, I would have been a very, very
is in ascendancy now. Those who are trying
a continuing legal education seminar on trial
different person.’ I said it was worth every
to fight against creationism are strong,” he
skills in New York City, Miller draws on the
penny of it. They let it stand.”
said. “So Clarence is more needed than ever. He’s an extremely interesting man, no matter
famous trials of luminaries like Oscar Wilde to illustrate how to nail an enemy witness on
Although Miller is not related to the famous
what topic you’re talking about. There’s a
the stand with finesse. The only rule, he says,
and deceased author of the same name, he
question about whether he bribed a jury.
is that there are no rules concerning how
is a prolific writer and orator, speaking in a
Usually, that topic is not dealt with; I deal
long one should question a hostile witness.
booming baritone. Talking, he said, is what
with it at great length, and also I deal with
Brevity, he says, is generally preferable, but
attracted him to the law in the first place.
some of his darker views on life. He is an agnostic—no doubt about it—and he doesn’t
sometimes it pays to draw it out and always paint a picture for the jury.
“I thought if I was going to make my way in
always think life is worthwhile.”
life, it would have to be something in the “Sometimes a trial lawyer has to be cruel,”
talking world because that was what I was
Miller worked as an actor while in college;
he said to laughter from the crowd. The
comfortable doing,” he said. “Whether it was
and after serving in the Army during the
seminar was organized by The New York
as an actor or a trial lawyer or the political
Korean War, he considered devoting his life
State Bar Association Continuing Legal
life, it had to be something like that. I was
to the stage and screen. But he realized that
Education Committee.
not fit to be someone technical or good with
many talented actors were waiting tables and
their hands, like a surgeon.”
decided law school was a better option.
& Miller, P.C., in White Plains, NY. He
Miller has written extensively on trial
“There are many parallels,” he said. “But
represents plaintiffs in a variety of areas,
practice, and his most recent book, On Trial:
there is a danger in both disciplines—in
including product liability, commercial,
Lessons from a Lifetime in the Courtroom, is used in his seminars and by trial lawyers across the country.
the stage and in the trial. Theatricality is
Miller is a senior partner with Clark, Gagliardi
medical malpractice, automobile, premises, construction, sex abuse, legal malpractice,
the danger because it’s false. And as a trial lawyer, you’ve got to be real. There can’t be anything phony because people see right
discrimination, whistleblower, and real estate. Miller also wrote and will star in the one-act
through you. But it’s also true of an actor.
One of Miller’s biggest and most notorious
play, “All Too Human,” which will premiere
Unless the role calls for that and you’re
victories was a multi-million-dollar verdict
in White Plains on November 15 and run
playing a ham, then you can be theatrical.
for loss of nurture due to the death of a
through November 20. While Miller has given
But other than that, you better be the
young mother killed by a drunk driver. Miller
numerous lectures on Clarence Darrow
successfully convinced a jury and a judge on
and even reenacts some of his famous
appeal that the woman suffered because she
summations during seminars, the show
character. Is there any doubt when you see On the Waterfront that Marlon [Brando] is a beat-up fighter?”
was denied the nurture of her mother.
marks the first time Miller will embody
“She lost all that her mother could have
Darrow completely as an actor. Why Clarence
Miller said the most important part of his
Darrow?
decision to become a trial lawyer was finding
given her in the way of nurture, of guidance,
a job where he couldn’t wait to go to work.
encouragement, protection,” he said. “I got a
“He seems to be almost the most legendary
He feared pursuing a career that would leave
good verdict, and then it was appealed. And
of the American trial lawyers. And he’s
him bored and knew the law and especially
I remember telling the appellate judges, ‘If
particularly topical now. His fight against
trying cases would keep him happy and
I would’ve lost my mother when I was one,
creationism, his fight against those forces
stimulated.
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LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LAW STAR
www.lawcrossing.com
1. 800.973.1177
“Remember, it’s miserable to get up in the
Lawyers, past president of the State Bar
“I’ve tried so many cases over the years that I
morning if you go to something you don’t
Association and the Westchester County Bar
finally have something to talk about,” he said.
like to do,” he said. “Why spend your life that
Association. He also has been director of the
“There is something very joyous in teaching,
way? Try to find something where you can’t
New York State Trial Lawyers’ Association
to share what you know and to reach others.
wait to get there, whatever that may be. And
and the Defense Association of New York.
It’s not just the gratitude that you sometimes
then go do it.”
hear expressed; it’s that you genuinely feel Miller has been with his firm since the 1960s
good about it. It may not be the largest topic
Miller has been actively involved in the
and briefly worked for the wonderfully named
in the world—the trial of a case—but it’s at
profession. He is a past regent of the
firm Lawless & Lynch. While he maintains
least a topic of some importance, and I’m
American College of Trial Lawyers, a past
a full caseload, he finds teaching young
able to speak on it all day. So that’s very
director of the International Academy of Trial
lawyers equally rewarding.
pleasant for me.”
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