Henry Miller, Former NY State Bar President and 'Trial Lawyer of the Old School,' Dies at 89 Due to Coronavirus
Miller, widely known throughout New York state's bar as a gifted orator in front of juries and as a mentor and teacher of the art of trial lawyering, who for years wrote a column on trial techniques for the New York Law Journal, died April 16 at a rehabilitation center in Mamaroneck, New York.
April 20, 2020 at 06:56 PM
5 minute read
The original version of this story was published on New York Law Journal
Henry Miller, an 89-year-old renowned trial lawyer for some 40 years, and a former New York State Bar Association president, International Academy of Trial Lawyers director and New York State Trial Lawyers Association director, has died of complications due to the novel coronavirus, according to his son-in-law and private law practice partner, John Rand.
Miller, widely known throughout New York state's bar as a gifted orator in front of juries and as a mentor and teacher of the art of trial lawyering, who for years wrote a column on trial techniques for the New York Law Journal, died April 16 at a rehabilitation center in Mamaroneck.
He had been there, getting inpatient rehabilitation for back pain and problems, for several weeks, said Rand in a phone interview Monday. And when he left his home in White Plains to go the center for treatment, he did not have any signs of COVID-19, the infection caused by the coronavirus, Rand added.
But the rehabilitation center, in which Miller was staying on an upper floor, shared space on a bottom floor with a nursing home, said Rand, and the family believes that he contracted the coronavirus while there.
After being diagnosed early last week with COVID-19, said Rand, Miller died just five days later, while receiving care at the center in Mamaroneck.
For Rand, his wife and Miller's daughter, Jennifer, and the entire Miller family—Miller had five children and 10 grandchildren—the loss of Miller came as a shock that they are still trying to process.
"We are surprised at this turn of events, and saddened by it," said Rand in quiet tones over the phone. "And we share in the disquiet of everybody in the community who have been touched by this virus," he added.
While living and taking on life fully, for which he was known, Miller loved the challenge of high-stakes and important civil trials, said both Rand and veteran New York litigator Mark Zauderer. They both also explained that he pursued his other passion, the theater, vigorously as well: He was a playwright and actor who performed off-Broadway and in Westchester, including with his one-man show called "All Too Human," about the life of Clarence Darrow.
In the courtroom, said Zauderer on Monday, there was little equal in front of a judge or a jury.
"I would place his name in the roster of great trial lawyers of the last century," said Zauderer, adding that "it was always clear to me that his playwright and acting skills made him a great trial lawyer as well. He really connected with juries."
"He was a civil litigator, and a trial lawyer of the old school," Zauderer also said. "I can recall him agreeing to try cases that were definitely losing cases, but he would always look for cases that he would enjoy trying."
Rand said that his father-in-law and law partner had tried so many cases through the decades that he was reticent to guess at how many—but certainly more than 100, he said.
He said that Miller kept coming into their boutique personal injury law firm—where Miller tried commercial cases, personal injury cases and other kinds of matters—until he recently went to the rehabilitation center for his back troubles.
He'd tried his last case just a couple years ago, Rand added.
Zauderer said that Miller, like "all the great trial lawyers, of which he was one, had personality that combined skill and humility" before juries.
"I've watched many of his presentations to audiences as he taught trial lawyering at bar associations and elsewhere," he added. "He not only performed theatrically—but he gave lectures on trial practice that were very entertaining as well as informative."
In a statement Monday, the New York State Bar Association said that it was "saddened" by Miller's passing.
"Henry was a brilliant advocate, a larger-than-life personality and a giant in the profession," the bar association said. "For decades he was one of the state's preeminent trial lawyers, and as a teacher, he shared those skills with generations of lawyers," the group added, before saying that "he was gentle and kind and patient."
According to an obituary posted by Edwin L. Bennett Funeral Homes in Scarsdale, Miller, who was born in 1931 in Brooklyn, is predeceased by a former wife, Helena McCarty Miller. He is survived, the funeral home said, by five children and 10 grandchildren: Jennifer and John Rand and their children, Michelle, Steven, Paul and Lucas; Henry and Elizabeth Miller and Henry's children, Emmet and Healey; Matthew and Julie Miller and their children, Michael, Tyler, Ryan and Kayla; Margaret Miller; and Anna Miller and her mother, Dawn Baker Miller. His brother, Robert Miller, also survives him.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: After a 74-Day Trial, Shook Fends Off Claims From Artist’s Heirs Against UMB Bank
An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
‘It's Your Funeral’: Avoiding Doing Damage to Your Client’s Case With Uncivil Behavior
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250