Miles B. Cooper

Surrendering the illusion of control when faced with tremendous uncertainty Before I was a lawyer, there were the early years as a law firm gofer. In that law firm there was an older attorney who rented an office. That older attorney had been a trial lion, a medical malpractice hitter. Then came the Medical Injury Compensation Reform Act of 1975,...

Fighting lien overreach and the hidden tax on client recoveries The lawyer sat down with the firm’s Pre-Litigation Manager, one of those types who always read the instructions for the board game in full before playing. “Rawlings is trying to get a piece of an uninsured motorist policy, but I don’t think they can,” said the Pre-Litigation Manager. The lawyer’s...

Cash flow strategies for the contingent fee firm The lawyer looked at the case projections. If everything came together the next 18 months would be the best yet for the firm. That was the upside. The downside? A couple of those cases were super expert intensive, increasing the firm’s burn rate. It looked like everything would come together without a...

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...