Tom Miller


Phone: 617-742-6020

Picture of Tom Miller

I focus my practice on helping clients facing difficult situations in the criminal justice system, in schools and colleges, and in the workplace.

Practice Focus

In my criminal practice, I represent clients on both the state and federal levels, including in appeals. I am particularly interested in assisting clients dealing with misdemeanor charges or restraining orders in District Court. Based on my previous experience as a prosecutor, I bring an in-depth understanding of all phases of a criminal case. In my employment law practice, I assist clients in negotiating with current or past employers to achieve favorable settlements; I also represent employees in litigation over discrimination and whistleblower claims. As a former academic, I am particularly passionate about helping students at both secondary schools and colleges involved in disciplinary investigations or proceedings under Title IX. My recent work includes:

  • Arguing successfully before the Appeals Court to overturn a harassment prevention order based on social media posts
  • Negotiating informal resolutions to bring appropriate closure to Title IX cases involving charges of sexual assault and domestic violence
  • Helping a victim of stalking to obtain an abuse prevention order against a former romantic partner
  • Resolving a charge of assault with a dangerous weapon with a period of pretrial probation
  • Persuading a clerk-magistrate not to issue a complaint for assault and battery on a public employee
Prior Experience

I joined Zalkind as an associate in 2022, after clerking at the Massachusetts Supreme Judicial Court and serving as an Assistant District Attorney in Middlesex County, where I tried numerous jury cases in the District Court. During law school, I worked as a summer associate at a large law firm in Boston and at a small public interest law firm focused on land use and planning in the San Francisco Bay Area. Before becoming a lawyer, I received a doctorate in Classics, with a focus in ancient philosophy, and taught college students for several years.

Why I Became a Lawyer

I became a lawyer because I believe that due process and the rule of law are foundational ideals for our democratic society. Our adversarial system of justice relies on all people having access to creative, zealous, and empathetic advocates to advise and represent them. For every client, I fight to ensure that the law lives up to its ideals.


J.D., Stanford Law School, 2020

Ph.D., Princeton University, 2015

A.B., Harvard College, 2009
summa cum laude

Deep Springs College, 2004-2006


Commonwealth of Massachusetts

District of Massachusetts

First Circuit - United States Court of Appeals


Justice Frank Gaziano, Supreme Judicial Court of Massachusetts (2020-2021)

Justia Lawyer Rating
Super Lawyers
Martindale-Hubbell - AV Preeminent - Peer Rated For Highest Level Of Professional Excellence 2020
Recognized by Best Lawyers
Best Lawyers - Best Law Firms
Client Reviews
I hired Mr. Duncan to deal with a very sensitive issue that my daughter had. Since the first contact, I had a very good impression of him. He transmitted confidence and appeared to know exactly what to do. I called and emailed him many times, he was polite and comprehensible with the anxiety of a father and appeared to know every step to solve the case. I strongly recommend Mr. Duncan. Flavio Lajoia
If you are reading this review, it means either you or a family member is in trouble and needs immediate legal counsel. Please know your search can end right now because Zalkind, Duncan & Bernstein is the law firm to hire. They are honest, responsive, compassionate and have the experience and expertise to bring... Client
I contacted Zalkind Duncan & Bernstein to assist with a Title IX case. From our initial conversation, Naomi Shatz had a strong understanding of Title IX policies and conducted each step of the process with professionalism, honesty and a responsiveness that did not disappoint. Ms. Shatz displayed confidence and just as important, compassion when needed. Client
I worked with Emma Quinn-Judge and Monica Shah. And from my first contact on the phone, on to my first meeting in their office and during the trial, I found them and the firm's entire team to be a group of consummate legal professionals who are very knowledgeable, patient, dedicated, fair, honest and caring... Chantal C.
I am forever grateful to all the staff at this firm, but in particular, Ms. Shah, Mr. Zalkind and Mr. Silverglate. They represented my son who was being sought for extradition to Scotland. The case took years to fight, covering new legal ground, setting precedence. But each one of these legal eagles went above and beyond the duty of office... Suzanne D.