Miles B. Cooper

Responding to a catastrophic event within one’s professional community The lawyer, usually never at a loss for words, sat speechless. The lawyer’s heartbeat thumped, interrupting the silence as the brain attempted to process the information that had just come through the phone. Death and injury weren’t foreign. Helping clients through catastrophic loss came with the territory. A close loss though...

Telling clients what to expect helps with their confidence in the process The lawyer was finishing the client meeting. “We’re really pleased to be helping you with this, and I’m glad we all had the chance to meet you. Going forward your primary contact with the firm will be with _____, who will be taking lead. But rest assured that...

Avoiding, overcoming, and proactively pursuing attacks on the pleadings The lawyer reviewed the communication from opposing counsel. It was a meet and confer about the pleadings’ sufficiency, a necessary step before a demurrer or motion to strike was brought. Was it a delaying technique or did the opposing counsel’s argument have any merit? The lawyer pulled up the complaint to...

Wisdom gathered over the last few decades’ practice (and with a few to go) “Okay, Boomer,” said the lawyer’s 11-year-old daughter with a twinkle in her eye. The lawyer frowned. While the lawyer could be, and sometimes was, mistaken for a Boomer, that was the mileage and not the age. Apparently, the finer parenting points the lawyer was attempting to...

Developing absolute faith in winning the trial The lawyer, preparing for trial, thought back to a recent conversation with a couple of former public defenders turned hitter civil lawyers. “If you don’t have absolute faith in my case, stay the f#%k away from me,” was what they learned and lived during trial preparation through the defender’s office. The lawyer thought...

Effective use of motions in limine The lawyer reviewed the case’s motions in limine folder. Throughout the case, folks working on the matter had dropped notes, memos, and concerns that might require evidentiary rulings outside the jury’s presence. A great place to refresh oneself about the case’s challenges and prepare for that final push toward trial. Proper planning leads to...

Achieving successful synergy when co-counseling cases The lawyer considered the case. Righteous, and also benefitting from resources beyond what one firm could provide. There was a reason this case was being pitched as a co-counsel opportunity. And at the same time, co-counseling requires deliberate steps. While nowhere near as lengthy as a partnership or marriage, a successful co-counsel relationship requires...

Collaborating with adjusters to improve results and the practice The lawyer thought about the engagements people sometimes had with adjusters. The interactions could, at times, be quite difficult. Who was to blame? The carriers, of course. Long ago, the carriers decreed that there would be adjusters, and their treatment would be anything but just. Pilloried, demeaned, and occasionally demoted from...

Understanding the insurance industry, including reinsurance and surplus lines The lawyer sat with a newer associate reviewing the discovery responses and insurance policy documents the defendant had finally disclosed. Stacked layers, including one that listed itself as a surplus lines insurer.  The associate, new to more complex insurance coverage, was in for a ride… The house always wins Insurance operates...

Delivering difficult information with compassion and clarity The doctor entered the room, said a warm, “Hello,” read the room, and then went straight to the point. The doctor knew from experience that those anxiously awaiting potentially life-altering information wouldn’t process anything said before delivering the results. “The scans look good,” the doctor said, “I don’t see anything that concerns me.”...