VOL. 15 NO. 8 JUNE 30-JULY 13, 2004

Small by number, big by reputation
Logansport firm has made a name for itself taking on and winning high-stakes lawsuits.

By Kelly Lucas

IL Photo/Kelly Lucas Located in downtown Logansport, Starr Austen & Miller, LLP has proven itself a force to be reckoned with in courtrooms throughout the United States. Partners include (bottom row from left) Scott L. Starr, and James H. Austen. On the stairs (from top) are partners Jon M. Myers and Andrew B. Miller, and associate Stephanie Ann Winkel.

Scott Starr was the first person Jim Austen met when he entered Indiana University School of Law - Indianapolis. Starr, a second-year student, gave Austen a few pointers on how to navigate the law library. Today, while the stakes have become higher and the issues more complex, the two continue to provide counsel to one another when needed.

In the twenty-some years since the two graduated law school and hung out a collective shingle, they have given renewed meaning to the old adage, "It isn't the size of the dog in the fight, it's the size of the fight in the dog."

Starr and Austen, along with partners Jon Myers and Andrew Miller, and associate Stephanie Winkel, make up the Logansport law firm of Starr Austen & Miller, LLP. In recent years, members of the six-person legal team have faced off against a number of high-profile lawyers and law firms, winning substantial judgments and, in the process, earning a national reputation among litigators.

In 2002, Starr served as lead trial counsel in an Ohio class action securities case against Prudential Securities that resulted in compensatory and punitive damages in excess of $260 million. That was considered to be the 7th largest jury verdict rendered in the United States that year.

Austen recently had the opportunity to square off in federal court against Geoffrey Fieger. Fieger gained notoriety both in and outside the legal profession for his representation of Dr. Jack Kevorkian. In the process, Fieger earned a reputation as a lawyer who loves the limelight and has become a litigator that other lawyers look forward to challenging, and on rare occasion, defeating.

And that is what Austen did.

Bigger not always better

In contrast to the plaintiff's verdict Starr and his team won on behalf of 300 retirees, Austen's defense case involved a civil rights lawsuit against a Mishawaka police officer. Both, however, debunk the "bigger is better" mindset.

In a small town you don't normally run across lawyers who get national publicity, Austen explained. Yet in this case, he found himself up against a lawyer who during the trial was doing evening interviews on a Fox News program.

"The thing that was unique for me was trying to trust my own instincts and not assume that because this guy is on national TV he must know more than I do," Austen said.

What they've learned over the years is that it really doesn't matter whether you practice in a large or small firm. You just have to have some guts in this business, Austen added, and be willing to take some risks.

Here in Indiana, the lawyers say, it's like class basketball.

"I'm not for it (class basketball) because it gives the mentality that you shouldn't have to compete with the bigger guys," Austen explained. "As lawyers we should have the mentality that we can do as good a job as the next guy."

"We have always thought that we can prepare and try a case as well or better than anyone practicing," Starr added. "Going up against big firms in high-profile cases proves we are correct."

A competitive edge

Attitude alone doesn't get the job done, the lawyers cautioned. You have to spend money to make money.

When trying the Prudential case, the lawyers brought several jury consultants and technology firms onto their legal team. They were going up against California and Ohio firms with very good reputations in securities litigation, they said, and the stakes were high. That was part of the intrigue, Starr revealed, getting to do things the firm didn't ordinarily get to do.

A Los Angeles firm was hired to computerize the small courtroom in Marion, Ohio. All deposition pages were barcoded so if a witness testified on the stand differently than in deposition, the lawyers had the ability to bring the former contrary statement instantly on screen. They received assistance crafting the juror questionnaire, and a professional storyteller was even provided by one of the firms to help polish the presentation.

"He had incredibly insightful ideas, and he helped refine and structure the facts into a really compelling story," said Miller, who worked with Starr and other lawyers on the case. "In large part, the success of that case was driven by the fact that Scott did a great job of telling our story."

In retrospect, Miller said he expected a very sophisticated, slick presentation from Prudential's defense counsel, but the technological component of his team's presentation was light years ahead.

Big firm expectations are difficult to overcome, even when you are among the 71.1 percent of Indiana lawyers who practice in a firm of 15 lawyers or less.

The Prudential Securities case continues on appeal and, Miller conceded, the firm has been working on it for six years and has yet to receive a dime.

"But," Starr adds, "It will pay off."

In the meantime, he said, the case has generated a number of referrals.

Running the firm

Several things make Starr Austen & Miller, LLP unique in the small firm market. While they do some plaintiff's personal injury work, a very small percentage of their income comes from local business. Described as a general practice firm that concentrates heavily in litigation involving insurance defense, securities-related litigation, and complex commercial litigation including class actions, many of the lawyers spend a fair amount of time on the road.

One of the most noticeable things about the firm's office is the size of the support staff. The six-lawyer office employees 10 secretaries and paralegals.

"When our big firm friends find out what our support staff-to-lawyer ratio is - here we have about two support staff for every lawyer - they find it hard to believe we can make a living with that ratio," Starr said. "But because of the nature of the practice and types of large and complex cases we handle, we have to have that support."

Having the level of support they do helps the firm keep fees low, Starr argues, because some work can be delegated from attorneys to paralegals.

The advantages to being a small firm in a small town are many, the lawyers say. The cost of living and the overhead of running a firm are substantially lower than in large cities. Lawyers with a lot on their plates can still drive home for dinner, make it to a child's ball game, and return to the office to put in a few more hours without considering whether a long commute in heavy traffic makes the trip worthwhile.

There is a down side, Starr added. Attracting good quality, high-level young associates and convincing them that you can practice what many young lawyers perceive as "big firm lawyering" in a small town firm can be a challenge.

That notion is perpetuated by many law schools by a perception that the best go to the biggest firms, said Winkel, who recently came to the Logansport firm from Tampa, Fla., .

Miller, who at 36 is the youngest of the five partners, said he has discovered that working in a firm of this size and in this location has made it much easier to strike a balance between his personal and professional lives. He feels more willing to put in the time at work, knowing he can be home in three minutes.

The partners say they will likely be adding another associate in the fall as a result of business growth.

While he understands where the big firm biases come from, Starr said, "I'll put our practice up against anybody's.

"I used to feel 15 years ago that we had a disadvantage in competing with big firms; I don't really feel that way anymore," Starr said. "We have lawyers from the big cities calling us and retaining us to represent their clients. As your reputation grows, big-firm bias becomes less of a concern."