February 23, 1996
Name: Thomas E. Miller
Name of Firm: The Miller Law Firm
Education: Hastings College of Law (J.D., 1973); California State
University, Long Beach (B.A. Speech Communication, 1970)
Affiliations: Consumer Attorneys of California; Orange County Bar
Association; San Diego County Bar Association; Consumer Attorneys of San
Diego and Orange County; President's Associates of California State University,
Long Beach; Hastings College of the Law 1066 Foundation Board; Community
Association Attorneys; Chief Executive Round Table, University of California,
Irvine; and California Association Community Managers (founding member)
Publications: Miller authored "California Construction Defect
Litigation", Wiley, 1986; and "California Construction Defect
Litigation, Residential and Commercial", Wiley, 1994
Length of Time Practicing Law: 23 years
Types of Cases: Construction defect litigation
Background: Born in Pittsburgh as the son of a naval attache, Miller
grew up in a number of East Coast and South American cities before his parents
retired to Long Beach when he was in the seventh grade. Miller currently
lives on Balboa Island. Miller started his career defending builders, subcontractors,
design professionals and their insurance carriers. After the Court of Appeal
extended strict liability to common interest developments (condominium associations)
in Del Mar Beach Club v. Imperial Contracting Company (1981), Miller was
convinced it was time to move on. He began representing homeowners associations
in construction defect disputes. Midway through his career, Miller wrote
"California Construction Defect Litigation". In 1994, his second
book, "California Construction Defect Litigation, Residential and Commercial",
was published.
Keys to Success: Miller credits his success to his ability to remain
focused, work hard, take an early offensive, perform early case evaluation
and selection, and specialize in construction defect cases. In a time when
most attorneys are screaming "diversify", Miller has been able
to use specialization to build his practice. He believes that not diversifying
has allowed the firm to be the best it can be. They have "found that
if [they] do one thing, they do it well". Miller also believes that
good case management skills have contributed to his success. "You need
to make sure a case is properly set up and that you stay focused on the
case management order and meet the dates so that you don't give the defendants
any opportunity to stray from the purpose." Finally, Miller credits
his credibility with clients, opposing counsel and the courts for his success.
He says, "This is an industry where getting your next case is based
on the reputation you achieve".
Favorite Trial Moment: Miller's favorite moment is always changing
because each has "has interesting twists and turns" to it. If
a case can be resolved without taking any depositions or having to go through
a lengthy trial as is the case with most construction trials, Miller feels
the case has been successful. Four weeks into his first construction defect
trial, the judge called him into chambers and said the defendants wanted
to put $7 million on the table to settle the case. Prior to that, the
settlement offer was $1.25 million
Personal: Miller spends his free time with his family and on fund-raising
for his alma maters. He has been married for 28 years to Christine ("Kiki").
He has two children Matthew, a 23-year-old law student, and Rachel, a 26-year-old
law graduate who is studying for the bar examination and intends to work
with Miller upon passing the bar. Miller's fund-raising work with Hastings
and Cal State Long Beach is time consuming but enjoyable; he sees it as
a way to contribute to the schools where the state funds leave off. As the
president of the Orange County Pyramid Club, Miller helped obtain the funds
that were used to build Cal State Long Beach's new athletic facility. Through
Hastings' 1066 Foundation, Miller has raised funds to support professor
emeritus and clinical programs. He also teaches a construction defect class
at Cal State Long Beach's extension program and through the California Association
Community Managers. Miller also spends time working out with a personal
trainer and traveling in Mexico.
What Other Lawyers Say About This Attorney: Phil Woog of Cooksey,
Howard, Martin & Toolen, Costa Mesa, credited Miller as being "one
of the top plaintiffs' lawyers in the construction defect arena". Woog
added that he "always enjoyed working with Tom. We tend to get to the
bottom line with each other because each of us knows where the other is
going". "Tom is an effective representative of his clients",
said Michael Duckor of Duckor, Spradling & Metzger, San Diego. "He
will evaluate his cases reasonably. He will cut to the bottom line with
respect to settling a case." Tom J. Lincoln of Lincoln, Gustafson &
Cercos, San Diego, said "He has the great ability to market himself
and his firm to prospective clients and associations. He has been able to
do that better than any attorney I know."
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
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