Henry Miller; Senior Partner; Clark, Gagliardi & Miller, P.C.

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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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