Stephen T. Moffett

Education: Mercer Law School (1980); Michigan State University (1977)

Experience: Moffett & Dillon, P.C. (founding partner); admitted to Ohio Bar in 1999

Professional Affiliations: Oakland County Bar Association; Association of Defense Trial Counsel; Defense Research Institute; State Bar of Michigan; State Bar of Ohio; American Bar Association

Birmingham attorney Stephen T. Moffett's first job as a fresh-faced Mercer Law School grad was with an insurance defense firm. The work was interesting and, after five years, Moffett formed his own defense practice.

Now, nearly three decades later, this tough-as-nails litigator has created quite a niche for himself — acting as national counsel for Sunbeam Corporation.

"In my 28-year practice, I think I'm a much better lawyer now because of this role," he asserted.

As national counsel, Moffett says he is responsible for trying products liability matters around the United States. He adds that he has much to be thankful for in this career, not the least of which is the company he keeps.

"The best thing about my job is the interaction with my clients and local attorneys, most of whom are outstanding products liability defense lawyers," he commented. "In terms of my own practice, I can't tell you how wonderful it is. I've tried a lot of cases in Michigan through the years, but to have the opportunity to try cases in different jurisdictions with different judges, different rules of procedure, different rules of evidence, different lawyers, it's fantastic."

According to Moffett, most corporations are turning to national counsel relationships, so opportunities abound. He has learned some crucial lessons in his career, and offers the following pointers for attorneys who may also be considering wearing the national counsel hat.

"Attorneys acting as national counsel should select the very best local counsel they can find in the jurisdiction," he advised. "Also, make sure that there are very direct lines of communication with this local counsel, particularly with regard to jurisdiction and courts."

Moreover, Moffett believes that attorneys acting as national counsel must familiarize themselves with the company and its products — regardless of how complex those may or may not be.

"Completely and thoroughly understand the product that you are defending," he stated. "This would entail frequent visits to the manufacturing plant and constant interaction with designers and engineers who are responsible for product design."

The reason for such stringent due diligence, according to Moffett, is simple.

"It is important for the defense lawyer to understand the product better than anyone in the courtroom so that the strengths of the product can be communicated to the jury," he stated.

Meanwhile, Moffett believes that attorneys acting as national counsel should investigate their cases thoroughly early on and often.

"I have found that, particularly in fire loss cases, it is imperative to inspect the fire scene with a 'cause and origin' expert as soon as the claim has been made," he observed. "Preservation of evidence is critical in assisting the defense team, including the defense experts in isolating the true cause of a fire."

This investigation can be aided by staying current with all state and federal regulations, "particularly with regard to fire codes and regulations." This will assist the attorney and the defense experts in properly defending cases against their corporate clients.

Moffett's final practice tip is a simple one, but one that is, quite often, not given the degree of seriousness it merits.

"Prepare each case as if it will be tried to a verdict," he said. "I have always taken the approach that no case will settle, although the vast majority do."

He added that this approach virtually "ensures that you are thoroughly prepared to try the case" and this preparation comes through loud and clear to both the court and the other side.

"I have found it useful to communicate that view to local counsel," he remarked. "I ask them to set aside the appropriate time to assist in the preparation for trial in addition to time for the trial itself."

Of Moffett's many accomplishments, not the least among them is building a successful defense practice. Moffett credits a relatively simple formula for this achievement.

"To build a successful practice, the most important thing is to surround yourself with great staff and attorneys," he stated. "I have been fortunate to have very honest, hard-working partners who provide support during difficult and stressful times."

One of the keys to his success may be cliche, but it rings true for this practitioner.

"The old adage 'what goes around, comes around' is particularly true," he asserted. "I believe that civility has sometimes been overlooked, but that it is important to treat other counsel — particularly opposing counsel — in a professional and civil way. This ultimately not only helps your practice, but furthers your clients' best interests."

On the other side of the aisle are some fierce competitors. Moffett tells Lawyers Weekly that, over the past few years, plaintiffs' attorneys have become incredibly advanced, technologically-speaking, at a much faster rate than the defense bar.

He offers a cautionary tale for colleagues, especially those involved in national products-liability litigation. For example, say there was an electric blanket case in Arkansas and a local lawyer defended the case the way he or she would normally defend it.

"There may be some interrogatory answers or documents that are produced which perhaps are not exactly the way somebody would have wanted it, and it's found in that case," Moffett said. "The next thing you know, it's on the Internet. The next case that gets filed in, say, California, that guy uses it and kind of embarrasses the defendant because the answers might be inconsistent in different states."

Moffett concedes that the plaintiff's bar was "getting very good at using other cases against you with the same product. They were really well-connected where the defense guys weren't. The defense guys were doing their own thing."

This scenario, though, happens much less often — if at all — when corporations have a national counsel.

"What national counsel would do is say 'Interrogatories are going to be the same. The people we produce for deposition, their testimony is going to be the same,'" he said. "When we produce documents, we make sure a production log is created, we get them stamped confidential and get them returned after the case is over so they're not just floating around getting published on the Internet. I think it was a tremendous benefit for defendants."

Moreover, Moffett says that virtually all of the big manufacturers — "everybody you can think of who has product liability exposure" — have gone this route in varying degrees of involvement.

"I get more intimately involved in that I depose the plaintiff's experts, such as cause and origin experts and their engineers," he told Lawyers Weekly. "I've done it so many times that it's easier for me to go in there and do it rather than educating a local attorney. It really is smart because the experts know me, I know what I'm talking about, and I know the product inside and out."

In a career that involves trying cases around the country, some surely stick out in this litigator's mind. Perhaps his most memorable was one that was ultimately featured on a national news program.

"I worked on a case that involved a claim of an electric blanket fire that took the life of a 21-year-old college student in Oklahoma City," he said. "The case was featured in a report on electric blankets during '20/20,' in which the broadcast suggested that the Sunbeam product was indeed the cause of the fire and the plaintiff's death."

However, after a two-week jury trial, a federal jury in Oklahoma City found unanimously for Moffett's client.

"The jury agreed that the Sunbeam electric blanket was not defective and was not the cause of the fire," he commented. "This was a multi-million dollar case with national exposure and was critically important."

As much as Moffett enjoys and appreciates his role as national counsel, he concedes there are some drawbacks. With a national job, for example, comes national travel. During one big case, he spent Father's Day away from his wife and their two sons.

"The travel is tough — long periods of travel away from family and friends — but sometimes there's no way around it," Moffett said, chalking this up as the only real downside. "We're trying to take more depositions by phone or by video-conferencing."

But if he had to do it all over again, he wouldn't have changed the course of his legal career. The only "semi-regret" this practitioner claims is that he obtained a liberal arts degree as an undergrad.

"I believe a business background would have prepared me better to run a medium-sized law firm which, of course, is a business," he explained. "And it would have also helped me to understand my business clients' needs better than I actually did."

True to form, though, Moffett surrounded himself with a knowledgeable team, thus overcoming any perceived obstacles to starting his own firm.

He credits a great CPA who helped him to understand not only the "ins and outs" of running a law firm, but understanding his clients as well.

Something that Sunbeam has surely appreciated over the past decade.

Moffett’s Top Five Practice Tips

Nothing But The Best

“Select the very best local counsel that you can find in your jurisdiction, and make sure that there are very direct lines of communication with local counsel, particularly with regards to jurisdiction and courts.”

Be A Know-It-All

“Completely and thoroughly understand the product that you are defending. It is important for the defense lawyer to understand the product better than anyone in the courtroom so that the strengths of the product can be communicated to the jury.”

To Detect And Preserve

“Investigate the case thoroughly early on. Preservation of evidence is critical in assisting the defense team including the defense experts in isolating the true cause of a fire.”

Keep Current

“Keep current with all state and federal regulations, particularly with regard to fire codes and regulations that will assist the attorney and defense experts in properly defending the case.”

Prepare For Battle