Experience

Founding Partner Randall A. Miller has 29 years’ experience as a litigator focusing on defending and counseling professionals, corporations, directors and officers and insurers. He has extensive litigation and trial experience in state and federal courts in a broad variety of matters. His legal malpractice cases have included matters arising out of intellectual property, patent, bankruptcy, class action, family law, personal injury, products liability, and trusts and estates, and virtually every form of commercial transaction. He has been retained by law firms ranging from sole practitioners to multi-national firms. Mr. Miller represents financial professionals and businesses in matters ranging from suitability and selling away, to churning, breach of fiduciary duty, and conflicts. He has broad appellate experience, with 10 published State and Federal decisions and numerous non-published opinions. He regularly handles private and industry arbitrations, as well as attorney ethics counseling, fee disputes and arbitrations, risk management/loss prevention, insurance coverage and underwriting, and claim monitoring.

Additionally, Mr. Miller has significant experience representing financial and insurance agents and brokers in claims ranging from failure to procure insurance to IRC 412i, 419, defined benefit plans, deferred compensation claims, to suitability, selling away, churning, trade secret and employment claims. Much of that practice involves claims administered by FINRA. He has also handled MPL matters involving architects, engineers, design professionals, actuaries, appraisers, and landscape engineers, among other professionals, as well as public/private D/O claims and not-for-profits.

Mr. Miller has an exceptional perspective on the business needs and goals for insurer clientele, and is keenly aware of insurer operations, organization, and practice, including underwriting, claims adjustment and reporting, policy terms and coverage, bad faith exposure, insurer v. insurer disputes, insurance finances and reserving, and actuarial operations.

Education

Mr. Miller earned his Juris Doctor from the University of the Pacific, McGeorge School of Law in 1984, and his Bachelor of Arts from State University of New York and University of California, Davis in 1980. In 2011, he was certified by the California State Bar as a specialist in Legal Malpractice Law.

Professional Associations & Activities

Since 2010, Mr. Miller has served as the Chair of the California State Bar Committee on Professional Liability Insurance, which oversees the State Bar-sponsored lawyers E&O insurance program, administered by Marsh and underwritten through Arch; he has been a member since 2005. He is one of a handful of lawyers chosen to represent California superior and appellate court Judges and Justices before the Commission of Judicial Performance, the entity charged with enforcing California’s Code of Judicial Conduct.

Mr. Miller regularly authors articles on professional malpractice, risk management and loss prevention, malicious prosecution, and ethics, and is a frequent speaker at bar associations, practice related groups, and client-sponsored events focusing on professional liability.

Honors & Awards

Mr. Miller has been named to the list of Southern California Super Lawyers every year since 2004.

Background

Prior to founding the firm in 2009, Mr. Miller was an equity partner at the national law firm of Sedgwick, Detert, where he was founder and Chair of the Professional Liability Group in its Los Angeles office, and before that, Managing Partner of Long & Levit’s Los Angeles Office.

Representative Matters

Published Opinions

  • SASCO v. Rosendin Electric, Inc. (2012) 207 Cal.App.4th 837
  • Med-Trans Corp., Inc. v. City of California City, 156 Cal.App.4th 655, October 2007
  • Berg & Berg Enterprises v. Sherwood Partners, Inc., 131 Cal. App. 4th 802, July 2005
  • Tellez-Cordova v. Campbell-Hausfeld/Scott Fetger Co., 129 Cal App. 4th 577, December 2004
  • Morin v. Rosenthal, 122 Cal. App. 4th 673, September 2004
  • Morrison v. Rudolph, 103 Cal. App. 4th 506, October 2002
  • Malone v. Addison Ins., 225 F. Supp. 2d 743, September 2002
    In re Henry, 266 B.R. 457, 2001
  • Alan Roberts Inc. v. Sentry Life Insurance Company, 76 Cal. App. 4th 375, November 1999
  • Ramirez v. Sturdevant, 21 Cal. App. 4th 904, January 1994
  • Boston v. Nelson, 227 Cal. App. 3d 1502, January 1991

Unpublished Opinions

  • Gaggero v. Yura, 2009 WL 2916759, (Cal.App. 2 Dist., Sept. 14, 2009)
  • Navarette v. Abbott Laboratories, Inc., et al., 2009 Cal. App. Unpub. LEXIS 3072
  • Quinn Emanuel Urquhart Oliver & Hedges, LLP v. LaTorraca & Goettsch, 2006 Cal. App. Unpub. LEXIS1706
  • Sharp v. Gray, 2005 Cal. App. Unpub. LEXIS 3002
  • Majd v. Gunner, 2004 Cal. App. Unpub. LEXIS 11031
  • Ronald B.  Siegel et al. v. Racine, et al., 2004 Cal. App. Unpub. LEXIS 10851
  • Semco Master Tech. v. Jose Yow & Assocs., 2004 Cal. App. Unpub. LEXIS 2258
  • Fischer v. Admin. Offices of the United States Courts, 2003 U.S. App. LEXIS 23283
  • Sun Ace, Inc. v. Sulmeyer, 2003 Cal App. Unpub. LEXIS 4187
  • Casillas v. Superior Court of Los Angeles County, 2001 Cal App. Unpub. LEXIS 1514

Speaking and Writing

  • Speaker, “What’s Next for DoL’s Fiduciary Rule?” Wescom Financial Services, LLC, December 14, 2016
  • Speaker, “Top Ten Legal Malpractice Mistakes and How to Avoid Them,” Tredway, Lumsdaine & Doyle’s, October 5, 2016
  • Speaker, “The Digital Dilemma: The Ups and Downs of Electronics and Social Media in the Practice of Family Law,” The State Bar of California Committee on Professional Liability Insurance (COPLI), October 1, 2016
  • Speaker, “Interacting with Judges: Do’s and Don’ts.” The State Bar of California Committee on Professional Liability Insurance (COPLI), October 1, 2016
  • “Founder: Boutique Chain Undone by Legal Ties,” Law360, July 18, 2016.
  • Speaker, “The DOL’s New Fiduciary Rule, Understanding It’s Impact on Broker-Dealers.” Wescom Financial Services, LLC, June 22, 2016
  • “How Legal Malpractice Lawyers Can Win Business,” Law360, June 22, 2016
  • Speaker, “Settlement is Awesome – Don’t Mess It Up.” The State Bar of California’s Solo & Small Firm Summit, June 16, 2016
  • Speaker, “Drafting Contingency Fee Agreements.” The State Bar of California Committee on Professional Liability Insurance (COPLI) Webinar, April 26, 2016
  • Author, “Everyone Makes Mistakes, Top 10 tips for when you think you’ve made one.” Swiss Re Corporate Solutions Lawyers Risk Management Newsletter – April 5, 2016
  • Speaker, “Nip & Tuck – Proven Methods for Strategically Trimming, Corralling, and Controlling Your Litigation Matters.” Axis Insurance, March 17, 2016
  • Speaker, “Issues, Risk, and Trends in Credit Union Financial Advice 2015.” Wescom Financial Services, LLC, December 16, 2015
  • “Judge will let arbitrator decide Playboy negligence suit against Sheppard Mullin,” Daily Journal, October 21, 2015
  • Speaker, “Communications with Concerning Dissatisfied Clients: Rules of Confidentiality and Privilege.” 88th Annual Meeting of the State Bar of California, October 10, 2015
  • Speaker, “Nip & Tuck – Proven Methods for Strategically Trimming, Corralling, and Controlling Your Litigation Matters.” Westport Insurance Corporation, October 2, 2015
  • Speaker, “Breaking Bad – The Consequences of Lawyer Incivility.” The State Bar of California Committee on Professional Liability Insurance (COPLI) Webinar, September 15, 2015
  • Speaker, “Being A Sound and Ethical Money Manager in a Small Firm Practice.” The State Bar of California’s Solo & Small Firm Summit, June 19, 2015
  • “Disclosure rule could compromise secrecy of judge probes,” Daily Journal, May 18, 2015
  • “Inquiry into judge’s special bond with clerk comes to a close,” Daily Journal, April 28, 201
  • “Judges can’t defend colleague under attack over ruling,” Daily Journal, April 24, 2015
  • “Playboy sues lawyers after $6M verdict,” Daily Journal, April 22, 2015
  • Contemporary Issues with Investment Advisor Involvement in Client Estate Plan.” WESCOM Financial Services, March 24, 2015
  • “State Bar punishes DUI attorney for not following court orders,” Daily Journal, March 18, 2015
  • “Diligence curbs conflict in law firm mergers,” Daily Journal, March 6, 2015
  • “Los Angeles federal judge disqualifies firm from major case over conflict,” Daily Journal, February 18, 2015
  • “Late to start a hearing, judge sanctions himself,” Daily Journal, January 28, 2015
  • “Juror contact could add wrinkle to employment verdict against Autozone,” Daily Journal, November 21, 2014
  • “McGrane LLP must disgorge fees from Howrey Bankruptcy,” Daily Journal, October 24, 2014
  • “Law Firm Risk Management and Ethics Program for Ahern Insurance Brokers.” Hunt Orthmann, Palffy, Nieves, Darling & Mah, Inc., October 23, 2014
  • “2013-2014 Developments Affecting the Practice of Law.” 87th Annual Meeting of the State Bar of California, September 12, 2014.
  • “Breaking Bad – The Consequences of Lawyer Incivility.” The State Bar of California Young Lawyers Association (“CYLA”), September 12, 2014
  • “Can’t We All Just Get Along: Managing Conflicts, Ethical Issues, and Effective Claim Handling in the Tripartite Relationship.” SWISS Re, August 22, 2014.
  • “Diamond McCarthy LLP Faces disqualification motion on Howrey bankruptcy,” Daily Journal, May 12, 2014.
  • “Top Ten Legal Malpractice Mistakes.” Provisors Lawyers and Legal Professional Monthly CLE Meeting , April 11, 2014
  • “Client Has ‘Poor’ Excuse to Dodge Legal Bills,” Los Angeles Business Journal, April 7, 2014
  • “Firm Booted from Case Seeks Appeal,” Daily Journal, March 24, 2014.
  • “Can’t We All Just Get Along; Managing Conflicts, Ethical Issues, and Effective Claim Handling in the Tripartite Relationship.” Axis Insurance, February 27, 2014
  • “Annual Professional Liability Report,” California Lawyer, February 2014
  • “Professional Liability Issues for Community Association Attorneys,” College of Community Association Lawyers (CCAL) 35th Annual Law Seminar, January 22, 2014
  • “Lawyers in Transition: Practical and Ethical Considerations When Making Significant Changes in Your Practice,” California State Bar Annual Meeting, October 12, 2013.
  • “The Economic Downturn and its Effect on Claims Against Attorneys,” Claims Journal, September 3, 2013
  • “Reducing Risks of Malpractice,” The Recorder, August 2013
  • “Donning Clients’ Shoes,” Los Angeles Daily Journal, August, 30, 2013
  • “Post-recession, Legal Malpractice Claims on the Rise”, Los Angeles Daily Journal
  • “Real Estate-Related Malpractice Claims are Up for Third Year in a Row, Studies Show,” Los Angeles Daily Journal
  • “Will Your Malpractice Insurance Burn Up When You Need It?” Forbes.com, July 7, 2013
  • “Can’t We All Just Get Along; Managing Conflicts, Ethical Issues, and Effective Claim Handling in the Tripartite Relationship.” CHUBB, June 26, 2013
  • “Top 10 Things that Trigger a Legal Malpractice Lawsuit,” California Bar Journal, May 2013
  • “Lawyers in Transition:  Practical and Ethical Considerations When Making Significant Changes in Your Practice,” California State Bar Annual Meeting, September 2013 (scheduled).
  • Top Ten Causes of Legal Malpractice Claims, Los Angeles County Bar Association, Public Hearing, April 18, 2013.
  • “California Fair Claim Practices Act and Hot Topics in Professional Liability,” ProSight Specialty Insurance, April, 2013.
  • ”Can’t We All Just Get Along – Navigating the Conflicts Between Insured, Insurer, and Counsel.”   ProSight Specialty Insurance, April, 2012.
  • “Staying Ahead of Law Firm Risk,” presented to Managing Partners’ Roundtable, Los Angeles, CA, October 2009.
  • “Attorney Fees in Prevailing Party Situations,” New York City Bar Association’s NYC Attorney Fees & Legal Billing Program: “It’s All Local,” New York, NY, June 2009.
  • Consortio Caveo (Partners Beware): Managing New (and Old) Risk in the Post-Bubble World,” Ark Group/Managing Partner Magazine’s 4th Annual Risk Management in the Modern Law Firm Conference, University of Chicago Gleacher Center, Chicago, IL, May 2009.
  • “First the Crash; Then the Wave. Claims Arising from the Crash of 2008,” co-presented to Lancer Claims Services, December 2008.
  • “First the Crash: Then the Wave. Claims Arising from the Crash of 2008,” co-presented to Chubb & Son, November 2008.
  • “Taming the Electronic Beast: What Attorneys Need to Know About the New FRCP, E-Discovery, Metadata and Related Computer Risks,” 81st Annual Meeting of the State Bar of California, Monterey, CA, September 2008.
  • Moderator, “Arbitration of Legal Malpractice Disputes — Panacea or Is the Bloom Off the Rose”, ABA Fall 2008 National Legal Malpractice Conference, San Francisco, CA, September 2008.
  • “California Fair Claims Settlement Practices Regulations,” presented to Lancer Claims Services, Orange, CA, July 2008.
  • Panelist, “Managing Risk Associated with Rapid Growth and/or Mergers” and “Lateral Movers at Law Firms: Perspectives, Opportunities & Business Risks,” Risk Management for the Modern Law Firm Forum, by the Ark Group & Managing Partner Magazine, New York, NY, July 10, 2008.
  • “Who is in the Litigation Crosshairs? Update on Professional Liability,” Swiss Re Client Claims Conference, Chicago, IL, June 11-13, 2008.
  • “Managing Risks Associated with the Electronic Environment,” The State Bar of California Section Education Institute, San Diego, CA, January 2008.
  • Moderator, “Let’s Arbitrate! It’s Cheap and Fair … Right?” PLUS International Conference, Washington, DC, November 2007.
  • Panelist, “Cyber Liability,” California State Bar Annual Meeting, Anaheim, CA, September 2007.
  • “California Fair Claims Settlement Practices Regulations,” presented to Lancer Claims Services, Orange, CA, July 2007.
  • “Financial Elder Abuse – Tarnish on Golden Years,” presented to Chubb Group of Insurance Companies, Los Angeles, CA, March 2007.
  • “Financial Elder Abuse – Tarnish on Golden Years,” presented to Fireman’s Fund Insurance Company, Novato, CA, March 2007.
  • “Financial Elder Abuse – Tarnish on Golden Years,” presented to Lancer Claims Services, Orange, CA, March 2007.
  • “California Fair Claims Settlement Practices,” presented to Philadelphia Insurance Company, Bala Cynwyd, PA, November 2005.
  • “Fair Claims Seminar,” presented to Lancer Claims Services, Orange, CA, October 2005.
  • “Trends in Lawyers’ E&O,” Third Annual Hot Topics Seminar for the Bermuda Insurance Market, Bermuda, October 2005.
  • “Professional Liability/Update on California Malpractice Seminar,” presented to St. Paul Travelers, St. Paul, MN, June 2005.
  • “Ethical Communications in Cyberspace,” presented to Lancer Claims Services, Orange, CA, January 2005.
  • “California Fair Claim Practices Act and Hot Topics in Professional Liability,” presented to Liberty International, New York, NY, December 2004.
  • “Conflicts of Interest,” presented to Lancer Claims Services, Orange, CA, November 2004.
  • “Unraveling the Mystery of National Association of Securities Dealers (“NASD”) Arbitrations, presented to Chubb Group of Insurance Companies, Los Angeles, CA, September 2004.
  • “California Fair Claims Practices Act,” presented to Yokohama, Fullerton, CA, August 2004.
  • “California Fair Claims Practices Act,” presented to Lancer Claims, Orange, CA, August 2004.
  • “On the Litigation Highway, Drive Defensively!” Published in Los Angeles County Bar Association, March 2004.
  • “California Fair Claims Practices Act,” presented to Liberty International Underwriters, New York, NY, October 2003.
  • “Attorney Risk Management, Including Recent Decisions Affecting Lawyer Liability,” presented to the Kern County Bar Association, Bakersfield, CA, January 2003.
  • “Accountant Risk Management,” presented to the California Society of CPAs, Pasadena Discussion Group, Pasadena, CA, October 2002.
  • “Defending Professional Liability Claims Seminar,” presented to Lancer Claims Services, Orange, CA, July 2002.
  • “Navigating the Legal Malpractice Minefield,” presented to the Los Angeles County Bar Association, Los Angeles, CA, Spring 2002.
  • “Fair Claims Handling Act,” presented to Lancer Claims Services, Orange, CA, Fall 2002.
  • “Attorney Risk Management in the New Millennium,” presented to the Los Angeles County Bar Association, Los Angeles, CA, Fall 2002.
  • “Navigating the Legal Malpractice Minefield,” presented to the Los Angeles County Bar Association, Los Angeles, CA, Fall 2002.
  • “Navigating the Legal Malpractice Minefield,” presented to the Santa Clara Bar Association, San Jose, CA, Fall 2002.
  • “Investor Adviser Act,” presented to AIG, New York, NY, Fall 2002.
  • “Attorney Risk Management in the New Millennium,” presented to the Los Angeles County Bar Association, Los Angeles, CA, Spring 2001.
  • “California Fair Claims Handling Act,” presented to Zurich Specialties, New York, NY, Spring 2001.
  • “California Fair Claims Handling Act,” presented to Lancer Claims Services, Orange, CA, Spring 2001.
  • “Mock Trial of a Legal Malpractice Action,” presented to the Santa Clara Bar Association, Fall 2001.
  • “Risk Management Seminar,” presented to the Kern County Bar Association, Bakersfield, CA, November 2000.
  • “Risk Management Seminar,” presented to the Kern County Bar Association, Bakersfield, CA, Spring 2000.
  • “California Fair Claims Handling Act,” presented to Zurich Specialties, New York, NY, Spring 2000.
  • “California Fair Claims Handling Act,” presented to Lancer Claims Services, Orange, CA, Spring 2000.
  • “Investor Adviser Act,” presented to Monitor Liability, Chicago, Illinois, Spring 1999.
  • “California Fair Claims Handling Act,” presented to Zurich Specialties, New York, NY, Spring 1999.