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Dennis
Murphy's clients
describe him as a lawyer who prepares his cases tirelessly
and relishes courtroom combat.
"Dennis
is absolutely fabulous as far as I am concerned. He is one
of the most thorough lawyers I've ever worked with at any
level in any capacity," said Nina Thomson, the
former chief counsel of the Assembly Rules Committee. "He
hates to lose, and he leaves nothing to chance."
Thomson,
who worked with Murphy as a witness for the Assembly in
a series of sexual harassment cases, said Murphy would appear
at depositions with binders containing deposition summaries
for each witness that he had personally prepared and organized.
When a question arose about prior testimony, Murphy could
immediately point to the exact page and line number. "He
was like his own computer," Thomson said.
Thomson
said Murphy's competitiveness is the byproduct of his athletic
experiences. Murphy played offensive line for UCLA from
1965 to 1967, a football career that included a trip to
the Rose Bowl in his sophomore year. In his senior year,
the Bruins, led by quarterback Gary Beban, who won
the Heisman that year, lost their chance to go to the Rose
Bowl when O.J. Simpson scored a touchdown on a 64-yard
run to give USC a 21-20 victory. Murphy also played rugby
for the U.S. Eagles Rugby team in 1976 and 1977 and later
played for America's Senior Rugby team. Pictures from Murphy's
athletic career adorn the walls of his office at Murphy
Austin Adams Schoenfeld LLP.
Hartley
Hansen of Hansen, Boyd, Culhane & Watson calls Murphy
"a tough guy" who "fits the mold" of
the former football player that he is. "Dennis said
when he gets out on the field of play he doesn't care if
you're his best friend, he'll knock you on your ass. And
that's how he practices law. He's a hard charger, and once
you're off the field of play you're friends again."
Strange
as it may seem for a litigator, Murphy almost chose a more
mild-mannered career: engineering. Murphy earned his bachelor's
degree in engineering from UCLA, but a summer internship
left him feeling less than excited about being an engineer.
Then a family friend suggested that Murphy would be well
suited for a legal career because he spoke well in public.
Murphy took this advice, staying at UCLA to obtain his law
degree in 1971.
Murphy
likely would not have become a labor lawyer but for a fortuitous
circumstance. He had not intended to become an employment
lawyer and had not taken any classes in the subject in law
school. However, in his first assignment for a Century City
law firm, Murphy was asked to draft an appellate brief on
a labor law issue. Subsequently, he drafted a successful
petition for certiorari to the Supreme Court in the same
case.
The
labor law bug soon bit, and Murphy has practiced employment
law ever since. "What I really like about it is you
get to learn about different people's businesses and how
they run," he said.
Murphy
practiced employment law in Southern California until he
joined Sacramento's Diepenbrock, Wulff, Plant & Hannegan
in 1977. He stayed with that firm until its closure. The
largest group of former Diepenbrock lawyers formed Murphy
Austin, which opened its doors on January 1, 1999.
Murphy's
30 years as a lawyer have coincided with the dramatic transformation
of employment law from mainly an area of law focused on
union-management relations to its present focus on discrimination
and harassment. In the early days of his career, Murphy
recalled, he would carry a box of index cards to court with
him containing summaries of significant employment law precedents.
"I've gone from carrying cases in a box to where I
am not strong enough to carry it all without a computer,"
he said.
Two
of Murphy's most notable cases have involved representing
the Assembly. In Holman v. Connolly, an employee
in Assembly member Tom Connolly's San Diego office accused
him of sexual harassment. The plaintiff made the sensational
charge that Assembly Speaker Willie Brown had been involved
in a cover-up of the harassment in order to get Connolly
elected. Murphy represented the Assembly in a trial in San
Diego County.
Thomson,
who had investigated the plaintiff's charge, spent six days
on the witness stand testifying. She recalled that the case
received enormous publicity from the Bay Area media because
Brown was running for mayor of San Francisco. Despite the
added pressure from the media attention, Thomson said that
Murphy "never got side-tracked into the political realm
and so whatever distractions or diversions were sent his
way he always kept his eye on the ball, to use a sports
analogy, which he frequently does."
After
six weeks of trial, the jury in Holman rendered a
defense verdict in two hours.
The
second high-profile case that Murphy defended for the Assembly
was Boyd v. Conroy, in which an aide to Assembly
member Mickey Conroy claimed that he had harassed her. The
jury in that case found that Conroy and his chief of staff
had not committed sexual harassment but had negligently
inflicted emotional distress on the staff member. The mixed
verdict left both sides publicly claiming victory, and the
case concluded in a $360,000 settlement.
In another
career highlight, Murphy argued before the United States
Supreme Court in Concrete Pipe and Products v. Construction
Laborers Pension Trust, 508 U.S. 602 (1993), a case
involving interpretation of the federal Multi-employer Pension
Plan Amendments Act.
Hansen,
whose firm has been represented by Murphy, called him "probably
the best labor lawyer in town. He's not afraid of trial.
He tries cases. That's probably from playing football without
a helmet. He's very aggressive and very competitive and
yet he's smart and he doesn't make many mistakes. We all
make mistakes, but he makes very few."
In his
free time, Murphy, 54, who has had operations on both knees
for injuries suffered playing football and rugby, pursues
a wide range of athletic activities, including water skiing
and "heli-skiing," in which a helicopter carries
the skier to the top of a mountain and picks him up again
after he skies to the bottom.
Last
year, Murphy decided to take one of his three adult sons
sky diving as a birthday present. "The very worst part
of it was when you sign the release they have a video of
some dumb attorney telling you that if you die it's not
going to be their fault," he said with a laugh. It
is perhaps needless to report that, notwithstanding the
release, Murphy jumped out of the plane.
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