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Merrill Kenneth Albert

Merrill Kenneth Albert
Merrill Albert.jpg
Born Merrill Kenneth Albert
(1923-04-19)April 19, 1923
New Haven, Connecticut
Died December 23, 2011(2011-12-23) (aged 88)
Los Angeles, California
Nationality American
Education University of California, Berkeley (B.A., J.D)
Occupation Attorney
Known for trial lawyer; novelist

Merrill Kenneth Albert (April 19, 1923 – December 23, 2011) was an American author and trial lawyer best known for his colorful courtroom tactics. One of Los Angeles’ foremost trial advocates, Albert introduced several practices – such as the use of dummies and other tools in reconstructing incidents – familiar in current legal practice but virtually non-existent when he began his career. He was a pioneer in the development and use of biomechanical devices and modeling in major personal injury cases to explain the mechanical properties of the musculoskeletal system in relation to the physics and dynamics of collisions with cars, trains, and human beings involved in accidents. He was the lead trial attorney in “bet the company” cases for the Union Pacific Railroad, the Santa Fe Railroad, the Southern Pacific Transportation Company, Swinerton Construction Co., and the Regents of the University of California. Some of his more dramatic trials are recounted in Tales of the Rails: Railroad Claims Stories by Norman Udewitz.

Albert was born on April 19, 1923 in New Haven, Connecticut. He and his brother were later abandoned by their mother at an Oakland, California orphanage. Left under the name of Merrill Smith, he picked apples at the Salvation Army Home for Boys during the Great Depression.

He was placed in several foster homes until being permanently settled with the Tucker family of Oakland. After graduating at the top of his class from Oakland Technical High School in 1940, he attended the University of California, Berkeley. His studies were interrupted by the outbreak of World War II, when Albert joined the United States Merchant Marine discovering upon entrance that "Albert" rather than Smith was his birth name. After becoming the youngest officer ever to obtain a Master’s License in the Merchant Marine, Albert stopped sailing and returned to his studies at UC Berkeley. There he was elected president of his fraternity, Sigma Nu, and would become a two-time captain of the varsity tennis team. He made the team's "All Star" list for 1949-1951. After completing his undergraduate degree, Albert was admitted to UC Berkeley’s Boalt Hall School of Law, where he was subsequently published as the reviewing editor of the California Law Review. He graduated in 1955, the sixth in his class.


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