Niels Murphy is a civil trial and appellate lawyer with Liles, Gavin, Costantino & Murphy on the 15th floor of One Enterprise Center.
HOW MANY LAWYERS IN THE FIRM?
Eight. Every lawyer in the firm, including Murphy, is a graduate of the University of Florida law school.
WHAT ARE MURPHY’S PRACTICE AREAS?
Murphy handles litigation and appeals relating to professional liability (malpractice), product liability, toxic torts, insurance, personal injury and wrongful death, intellectual property, contract disputes and commercial matters. Roughly 65 percent of his practice is product liability.
WHAT DOES HE LIKE ABOUT PRODUCT LIABILITY LAW?
“I really like the engineering side of it. Every time I represent a manufacturer, I insist on operating the equipment. I don’t think you can defend a product unless you truly understand how it works and why it works. You have to know why it works under certain circumstances and not others.”
IS DEFECTIVENESS THE BIG ISSUE?
“In a lot of cases, people can’t figure out what happened. It may not have been the fault of the product. They may have a reasonable argument, but it doesn’t mean the product is defective. You don’t have to design a fool-proof product. You have to design a product for the best use, for the most amount of people. You can’t guard against every potential risk.”
WHO DOES HE REPRESENT?
“I represent a lot of manufacturers — those that make tractors, mobile homes, pharmaceuticals, ladders, medical devices — the whole gamut. I don’t represent insurance companies for the most part because most of our clients are self-insured or individuals. Occasionally, we’ll take plaintiff cases against doctors or manufacturers. Many firms, I think, are leaning that way. They’re not just straight defense firms.”
HOW COMPETITIVE IS THE FIELD?
“We get a number of referrals from other attorneys. In product liability, there’s not that many people that do it so, they’ll send cases here. “
WHY GO TO LAW SCHOOL?
“My initial interest was in politics, but I fell in love with the courtroom stuff. In law school, I was chairman of the moot court team and became addicted to the intellectual, and then, the argument side.”
BUILDING BLOCKS
He began his legal career as a summer associate with Liles, Gavin in 1993. Later, he served in the same capacity at Holland & Knight until he decided he liked things better the way they were. He is now in his eighth year with the firm. “I did my share of waiting tables and bartending to get here. It teaches you a lot about people and patience.”
WHY RETURN TO LILES’ FIRM?
“For more hands-on, court room trial opportunities. Plus, it’s a good, small group.”
WHAT IS HIS BIGGEST CHALLENGE?
“Dealing with lawyers that are procrastinators. There are a lot of lawyers that put things off to the last minute. I like to get things done. Everybody’s guilty of it sometimes, but it can be frustrating. For example, trying to get a hearing or mediation scheduled with the opposing party and they say they’re not available for six months.”
WHAT’S MOST REWARDING?
”Really helping clients and getting good results for them.”
DOES HE SEE BOGUS CASES OFTEN?
“I hear people saying that there are a lot of frivolous cases, but in my entire career I’ve seen maybe one or two. I think most lawyers don’t have the time or the money to file frivolous cases. I think most cases have a legitimate basis. The reason I represent manufacturers is because I’ve gotten into that niche.”
BEFORE HE WAS A LAWYER
He worked for Al Gore as an intern. He is now a registered Republican. In 1991, he served as an LBJ Scholar Intern in the U.S. House of Representatives and, the next year, as a an intern for a U.S. senator. Vanderbilt University is where Murphy received his bachelor’s degree in political science.
HOMETOWN
Atlanta.
MURPHY’S LAW
Once a month, Murphy volunteers as a judge with the Duval County Teen Court. When he’s not otherwise billing hours, Murphy loves to swing a golf club. His claim to fame is that he played on the same golf team with David Duval at Episcopal High School. Murphy, a San Marco resident, has a wife, Lynne, and two preschool sons, Connor and Jake. His is a big fan of the Cheesecake Factory and the fictional novels of Miami Herald columnist Carl Hiaasen. His all-time favorite movie is “The Usual Suspects.”
— by Monica Tsai