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In this Trial Lawyer Nation podcast, Michael Cowen sits down with 25+ year veteran of the legal industry and founder of eDiscovery CoCounsel, Chad Roberts.
In a legal world where we are document heavy and paperless, eDiscovery sets out to avoid the abundance of obstacles trial lawyers encounter when in search of documents, be it the dump-truck effect of getting volumes of information or the paid search games that are played.
Primarily, people think about documentary evidence which is stored in a digital format, to which the rules have somewhat of a bias toward that type of framework, which tends to be the biggest challenge, explains Chad. He goes on to describe that it is not so much the format by which these documents are held, but rather the sheer volume of content that is available. For those of us who are not experts in e-discovery, not knowing the right questions to ask to receive what is sought after or even what is available to ask for, can make a case challenging. Chad points out one of the biggest “tectonic shifts” in the advantage/disadvantage for discovery really occurred back in December of 2015 with the new Rule 26, pertaining to the proportionality factors that came about under that rule, of which Chad dives deep on along with the ways around it.
Chad continues to reveal the dirty little secret that the more you know about the information structure and how documentation is filed, the easier it is to deconstruct the arguments of it being tremendously difficult for the defense to compile what you are looking for … which, coincidentally, is enormously easy for them to produce. Furthermore, Chad describes the other “human nature” side of the story where attorneys psychologically feel that they are out of their element, mostly because they don’t do excessive amounts of document productions, and are more likely to agree to things that are not best for a case.
Ideally, as Chad describes, his firm is typically brought in at the beginning of a case and start with Electronic Storage Information (ESI) protocols, where the front-end platform is established through discussions regarding agreement of the mutual expectations of those involved in the case, and this, of course, is the best line of defense in counteracting the diversions played by opposing counsel.
The podcast concludes with Michael and Chad discussing the types of cases that make the most sense to bring in a firm such as eDiscovery; and the description that Chad offers on why even the biggest of firms would likely have a significant flaw in their practice if they had the capacity of his firm is enlightening and makes perfect sense when you hear it.
Background on Chad Roberts
Chad Roberts is a seasoned trial lawyer with a career focused on technology, complex litigation, and multi-district litigation. He has been a litigation partner at an AmLaw 20 multi-national law firm as well as a small, boutique trial firm, winning multi-million dollar verdicts as lead trial counsel. His focus at eDiscovery CoCounsel, pllc includes predictive coding technology, discovery jurisprudence, and large scale litigation management. Chad received an Engineering Science degree from the Georgia Institute of Technology and graduated with high honors from the Florida State University College of Law, where he was an Associate Editor of the Florida State University Law Review.
For more info on Chad Roberts visit: www.edcclaw.com
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127 – Lee Hunt – The $66.6 Million Verdict: How Trust and Empathy Shaped the Outcome
When asked how he won a $66.6 million dollar verdict, Lee Hunt attributes much of the victory to the intelligence of the jury — and his ability to forge real, human relationships with his clients.
On this episode of Trial Lawyer Nation, host Michael Cowen talks about trial law with the founder of Hunt Law in Santa Fe, New Mexico. The two discuss Lee’s latest big victory, covering everything from his client’s injuries, liability, and the trust he placed in his jury. They also discuss Lee’s background and his passion for trial work.
“I try very hard never to go, at the very least, more than a year without significant trials,” said Lee. “It is absolutely terrifying, trying a case where you know your client’s future life is at stake. It’s terrifying. But as long as you’re in the mode of it and haven’t been that far removed from it, it’s a fear you know how to deal with.”
For Lee, the trial process is personal. Not only does he dedicate time and energy into every case, he also puts the same effort into knowing his clients on a personal level. He believes clients and lawyers should trust one another, and he credits that trust for much of his success over the course of his lengthy career.
Featured Guest
Name: Lee Hunt
About: Lee Hunt is the founder and lead attorney at Hunt Law. He graduated from the University of Kentucky School of Law, where he received the Order of Coif award. For the past 20 years, Lee has proven himself time and again with a winning track of successful jury awards for injury victims.
Almost above anything else, Lee stresses the value of the relationship between attorney and client. He believes that by the end of a case, the client and lawyer should trust each other, know each other, and genuinely care about each other. Lee wants to know his clients on a personal level and not just as another case number.
His reputation precedes him as a compassionate, caring lawyer, who offers his clients more than just top-notch legal council. He vows to stand with his clients every step of the way and won’t give up until he sees their trial through to the end.
Company: Hunt Law
Connect: LinkedIn
Episode Highlights
[02:06] An intro: Lee tells Michael and listeners some background on the big case he won in New Mexico, which involved a movie set, a production company, a moving crane, and a man pressured into making a life-altering decision.
[07:57] Negligence costs money: Lee discusses how the production team ignored warnings from local New Mexicans about the safest way for his client to move a crane up a mountain.
[12:26] Relatability: One of his strategies with the jury was to make the case relatable for any blue collar worker who has been put in tough situations rather than focusing on the case’s specific location on a movie set.
[14:57] The jury: Lee describes the process of selecting the jury pool and the focus groups that were involved.
[17:36] Comparative fault: From the jump, Lee wanted to really own his client’s culpability in the case, which ultimately played out in their favor. His client was found only 19% at fault.
[22:15] Damages: Lee breaks down how he came up with the different damage costs.
[28:16] Trust the process: Whether to give the jury an exact number in payouts or leave it up to them ultimately comes down to each individual case.
[33:26] Personalization: Lee really puts the time and effort into getting to know his clients, as well as their families. He spent time with his client’s family in California leading up to the case and discussed their worries and concerns.
[37:50] Zoom vs IRL: Lee discusses how New Mexico’s COVID protocols impact trials and how witnesses are perceived by the jury via Zoom versus in person.
[46:53] In his nature: Having grown up an athlete and continuing to be an avid runner, Lee attributes some of his trial success to his natural competitiveness and ability to go the distance.
Connect with Trial Lawyer Nation
☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.
☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.
In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
Produced and Sponsored by LawPods.
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130 – Malorie Peacock – Keeping Calm Amidst the Chaos: How to Handle Difficult Clients
If you practice law long enough, you are bound to come across a difficult client. On this episode of Trial Lawyer Nation, Michael and Malorie tackle setting expectations for communication, documenting actions taken in each case, and laying the groundwork early for client satisfaction.
The episode also explores the challenges of identifying the source of clients’ demands and concerns, and reminds listeners that it is ultimately the client’s case and that they have the final say.
Additionally, Michael and Malorie discuss the essentials to a successful law practice such as: the importance of keeping promises and the significance of clients who are willing to trust their lawyer’s advice.
Finally, Cowen’s Big Rig Boot Camp CLE Trucking Seminar is discussed, where interested parties can register to learn about topics such as maximizing value in trucking cases, proving corporate negligence in company vehicle cases, and more! Visit Cowen’s Big Rig Boot Camp to register.
Featured Guest
Name: Malorie J. Peacock
About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
Connect with Trial Lawyer Nation
☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.
☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.
In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
Produced and Sponsored by LawPods.
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120 – Malorie Peacock – How To Grow Your Law Firm
Odds are, growing a law firm wasn’t built into your law school’s curriculum. You may be a fantastic lawyer, you may start a top-notch small firm, but if you’re setting out to scale what you’ve built then you will find a whole new set of challenges to tackle.
If you’re contemplating growing your firm or in the midst of the process, this episode is for you.
In episode 120, Michael Cowen is joined by Malorie Peacock, his fellow Partner & Trial Lawyer at Cowen, Rodriguez and Peacock PC about how to grow a law firm. On this episode of Trial Lawyer Nation, Michael and Malorie outline the mindset needed to start and grow a law firm, the pains and joys of scaling your firm from solo to the next stage, how navigate working with a consultant, how to manage and work with your team, tips on marketing efforts, and much more.
Featured Guest
Name: Malorie Peacock
About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case.
Company: Partner And Trial Lawyer, Cowen | Rodriguez | Peacock PC
Connect: Linkedin
Episode Highlights
[03:01] Not Every Attorney Try To Have A Bigger Firm: Malorie reveals that it’s not the best fit for everyone to have a large firm. Solo firms and small firms are great options depending on your career goals.
[09:15] Creating Systems Of Accountability In Your Business: As you are looking to manage your business health, also gauge your personal and team accountability.
[13:05] You have to learn to give up control over certain things as your firm grows: How Michael and Sonia have kept up with their team’s needs with a changing job market.
[26:49] Managing your team, especially with new lawyers: When working with a team, learning to adjust behaviors and expectations is imperative for a healthy team culture.
[38:09] How to balance being an exceptional lawyer with an exceptional law practice: Although your time is eaten up by running a law firm business, there are many methods and practices that you can apply to balance the law firm with practicing law yourself.
[42:24] Best practices for coaching team members: It can be difficult telling a team member you don’t like what they do, but by using radical candor you can help a team member be better for them and for the rest of the team.
[40:32] Hiring for the things you don’t want to do: One of the keys to balance is to hire a great team to handle the business side of a law firm so you can focus on the practice side.
Connect with Trial Lawyer Nation
☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.
☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or YouTube.
In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
Produced and Sponsored by LawPods.
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