Erik’s training as a lawyer began early in life at the family dinner table. During those meals, his father, Stephen D. Heninger, who is the senior partner at Heninger Garrison Davis, would chronicle the stories of his clients and the law’s potential to help those who have been harmed. These lessons provided a solid foundation and direction for Erik in his passion for the practice of law. Because of these early moments, once Erik passed the bar exam, representing plaintiffs in courtrooms across the country truly became a family business.
After growing up in Birmingham, Alabama, Erik attended Birmingham-Southern College where he received a Bachelor of Arts in English. Shortly thereafter, his path into law became evident as he graduated from Cumberland School of Law and received his Juris Doctor degree in 2001. Erik is a member of the State Bars of Alabama, Georgia and Mississippi and maintains a consistent presence in each state. The majority of his practice is devoted to representing individuals and businesses in civil litigation. While civil litigation is the vehicle through which he works, Erik’s passion is helping people who suffer from catastrophic injuries such as severe brain and spine damage.
In addition to assisting clients, Erik believes that serving in state and national bar associations is essential to being a complete lawyer. Given that belief, Erik makes a point of being active in city, state and national legal organizations. He is very active in the American Association of Justice (AAJ) where he teaches trial advocacy and litigation techniques to other lawyers across the country. These trial colleges allow Erik to offer his knowledge and experience and also expose him to innovative ideas being used by other lawyers. Erik also focuses on the State of Alabama through his involvement with the Alabama Association of Justice (ALAJ), serving as an Officer since 2017.
Currently, Erik represents the 10th Judicial Circuit (Birmingham) as an elected member of the Board of Bar Commissioners for the Alabama State Bar. As part of his Commissioner responsibilities, Erik sits on the Alabama State Bar Character & Fitness Committee and the Disciplinary Rules & Enforcement Committee. Erik was recently appointed President of the Alabama Civil Justice Foundation and currently serves as Co-Chair of the Birmingham Bar Grievance Committee.
Finally, he has been a member of the Birmingham Bar Executive Committee since 2016. Erik is “AV Preeminent” Rated by Martindale-Hubbell – the highest possible distinction conferred by both professional peers and judges.
Erik also earned the honor of a Civil Law Trial Advocate from the National Board of Trial Advocacy in 2020. In 2013, he was inducted as a member of the American Board of Trial Advocates (ABOTA), an invitation only organization committed to preserving the right to trial by jury. Erik is also a Fellow of the Litigation Counsel of America, The Trial Lawyer Honorary Society and a member of Order of Juris an honorary trial order.
Erik was also recently named “Top 50 Lawyers in Alabama” a third time by Super Lawyers for 2021 as well as Lawyer of the Year by Best Lawyers for 2022. His favorite professional experiences include being a part of the Alabama State Bar Leadership Forum, Leadership Vestavia Hills and Leadership Birmingham. While not working, Erik spends time with his wife, Kimberly, and their two young children, often on soccer fields or in basketball gyms and dance halls.
- Alabama, 2002
- U.S. District Court, Northern, Middle and Southern Districts of Alabama, 2002
- Mississippi, 2003
- Georgia, 2003
- U.S. District Court, Middle District of Georgia
- U.S. District Court, Northern and Southern Districts of Mississippi
- U.S. District Court, Northern District of Georgia
- U.S. Court of Appeals, Fifth and Eleventh Circuits
- Cumberland School of Law (J.D., 2001)
- Birmingham Southern College (B.A., 1999)
Professional memberships and affiliations
- National Board of Trial Advocacy Civil Law Trial Advocate
- Birmingham Bar Association
- Member, Executive Committee,
- Young Lawyers Section, 2005-07,
- Co-chair Grievance Committee, 2021
- Grievance Committee, 2011-Present
- President of the Alabama Civil Justice Foundation, 2021
- American Bar Association
- Alabama State Bar Association
- The Mississippi Bar
- Alabama Association for Justice
- Mississippi Association for Justice
- Georgia Trial Lawyers Association
- American Association for Justice
- Board of Editors, The Alabama Lawyer, 2006-08
- Birmingham Inns of Court
- Alabama Civil Justice Foundation
- Junior Board Member, 2009-Present
- Alabama State Bar Leadership Forum
- Class IV, 2008
- Cahaba Riverkeeper
- Board of Directors, 2009-Present
Recent publications and presentations
- “A Brief Analysis of Nonverbal Communication in the Courtroom,” Alabama Trial Lawyers Journal (Winter, 2005)
- “Cross Examination Using Rules of the Road” AAJ Rules of the Road Seminar, Atlanta, Georgia (September 2007)
- “A Trial Lawyer’s Perspective in Alternative Dispute Resolution”
- AAJ Jazz Fest Seminar: Litigating Auto Collision Cases, New Orleans, Louisana (May 2008)
- “Corporate Representatives and the FRCP 30(b)(6) Deposition” AAJ’s Trial Advocacy College: Depositions, Denver, Colorado (September 2008)
- “Litigating to Win Through Advanced Trial Advocacy-Techniques in Voir Dire” National Business Institute, Birmingham, Alabama (November 2008)
- “Litigating to Win Through Advanced Trial Advocacy-Closing Argument” National Business Institute, Birmingham, Alabama (November 2008)
- “Legal Stressors on Providing Recoverable Damages for Mental Anguish,” The Alabama Lawyer, January 2009; vol. 70; No. 1, pp 52-58.
- “Handling Complex Auto Insurance Coverage Disputes-Legislative and Case Law Update” National Business Institute, Birmingham, Alabama (May 2009)
- “Handling Complex Auto Insurance Coverage Disputes-Ethics Update” National Business Institute, Birmingham, Alabama (May 2009)
- “Quick Tips on Evaluating and Building the Medical Negligence Case” Barrister Education Services, Birmingham, Alabama (December 2009)
- “Bad Faith in Alabama-A Plaintiff’s Perspective” National Business Institute, Birmingham, Alabama (May 2010)
- “Establishing Standards or Care and Conduct with Defense Witnesses” AAJ’s Trial Advocacy College: Advance Depositions, New Orleans, Louisiana (February 2011)
- “Deposition Techniques” AAJ’s Trial Advocacy College: Advance Depositions, New Orleans, Louisiana (February 2011)
- “Real Life Resolution Strategies of Bad Faith Claims: Plaintiff’s Case Evaluation and First Steps” National Business Institute, Birmingham, Alabama (May 2011)
- “Real Life Resolution Strategies of Bad Faith Claims: Plaintiff’s Discovery and Damages” National Business Institute, Birmingham, Alabama (May 2011)