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Timothy J. Miller

TITLE

General Counsel

Partner

PHONE

312.419.6900

FAX

312.419.6928

EMAIL

tmiller@novackmacey.com

VCARD

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LITIGATION FOCUS

  • Arbitration
  • Commercial Litigation
  • Directors and Officers Litigation
  • Legal Malpractice Defense
  • Partnership Disputes
  • Professional Liability
  • Real Estate Litigation

BIOGRAPHY

Tim Miller represents clients in complex commercial litigation and arbitration matters involving a wide range of issues. He is experienced in matters concerning attorneys’ and other professionals’ liability, directors’ and officers’ liability, partnership law, business torts, real estate and the activities of financial institutions. In 2013, Tim was named Novack and Macey’s General Counsel.

Representing attorneys and law firms in malpractice (or non-malpractice) situations makes up a large portion of Tim’s practice. In one such matter, he represented a law firm in a dispute with a former client, with which the firm had been involved in the collection for medical services from third party payers. The case involved accusations of fraud, breach of fiduciary duty, breach of contract and conversion. Novack and Macey convinced the trial court to dismiss the claim without prejudice by arguing that the plaintiff’s complaint was barred by the statute of limitations applicable to attorneys (an argument the plaintiffs unsuccessfully tried to counter by pointing to the collection work the law firm had done for them).

For almost 10 years of multiple trials and appeals, Tim was involved in a dispute over the purchase price of the subsidiary of a large health insurer. Issues included questions about corporate conduct, signed agreements, and the veracity of a third party accountant. After favorable resolution of numerous motions in limine, the case settled on the eve of trial. At the other end of the spectrum as far as a case’s protraction is concerned, two months was all it took for Tim and the rest of the Novack and Macey team to gather resources, complete discovery and conduct a fully evidentiary trial on behalf of a subsidiary of a major oil company in a dispute over a right of first refusal. The case was settled following trial but prior to entry of judgment.

Tim is a member of the Chicago Bar Association. He is ranked as a Preeminent Attorney, the highest Peer Review Rating of  the Martindale-Hubbell lawyer rating service. Tim has been a member of the Editorial Board of Mealey’s D&O Liability Litigation Reports. Prior to joining the firm, he was an associate at Sidley & Austin.

Born in 1960 and raised in Michigan, Tim lives in Wilmette with his wife, Kimberly, and their three children. His pro bono practice includes work on behalf of a mental health patient.

EDUCATION

  • Alma College (B.A., 1982), (Summa Cum Laude), Phi Beta Kappa
  • Duke University Law School (J.D., 1985), High Honors, Order of the Coif; Managing Editor, Duke Law Journal

BAR ADMISSIONS

  • Illinois
  • Trial Bar of the United States District Court for the Northern District of Illinois
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Western District of Michigan

SPEECHES AND PUBLICATIONS

  • “Ownership and Control of Lawyers’ Files Relating to Representation,” CBA Record, November 2013. PDF
  • “Ethical Conundrums in Negotiating Outsourcing Deals.” Practising Law Institute, Intellectual Property Course Handbook Series, 2013.
  • “Should Derivative Legal Malpractice Be Allowed in Illinois?” Illinois Bar Journal, February 2013. PDF
  • Co-author, “Smart Evidence: Commercial Litigation.” Illinois Institute of Continuing Legal Education, 2012.
  • Co-author, “Illinois Civil Practice: Trying the Case.” Illinois Institute of Continuing Legal Education, 2012.
  • “Ethical Considerations in Negotiating Outsourcing Deals.” Practising Law Institute, Intellectual Property Course Handbook Series, 2012.
  • “Appeals from Judicial Criticism of Lawyers,”  SideBar of the Federal Litigation Section of the Federal Bar Association, Summer 2011.  PDF
  • Co-author, “Smart Evidence: Commercial Litigation.” Illinois Institute of Continuing Legal Education, 2006.
  • “Illinois Settlement Pitfalls,” CBA Record, May 2007. PDF
  • “7th Circuit Gives Arbitrators Permission to Ignore the Law,” Chicago Daily Law Bulletin, June 28, 2001.
  • Co-author, “Are Your Attorney-Client Retention Agreements Enforceable?” CBA Record, January 2001.
  • “The Attorney’s Duty to Reveal a Client’s Intended Future Criminal Conduct,” 1984 Duke Law Journal 582.
  • Co-author, “Appeals Court Warns a New Retainer Agreement Pitfall,” www.law.com.

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