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In this Trial Lawyer Nation podcast, Michael Cowen sits down with a nationally renowned trial consultant, Artemis Malekpour whose strength lies in her trial litigation strategy consulting. She describes it by boiling it all down to, “we help your case.”
However, the sheer magnitude of the scope of her work ranges from before you even file a case, to the end result, and everything in between, including focus groups, trial strategy, mediation strategy, discovery, pre-suit issues, voir dire, and opening statements to name just a few. Artemis describes her entry into the profession as coming initially from a background of psychology and starting down the pre-med path when realizations came to her, along with a pretty dramatic chain of events, that aligned her studies with a passion toward the legal industry. Her dilemma with the situation turned into learning more and taking in feedback from many different subsequent cases and being introduced to them from the inside, which eventually confirmed she was heading in the right direction for herself.
Empathizing with Michael, who also has a psychology degree, Artemis describes several of the cases she’s been through where the emotions start to take over and the desire to help everyone kicks in. Both Michael and Artemis give several examples of intake processes now firmly in place to help avoid accepting cases which are not suitable to take on both for the good of the firm or for the good of the client.
Artemis also opens up about her focus group experiences across the country, averaging sometimes around 40 per year, and divulges some of the trends she is seeing as a result of our current political climate. An interesting moment is a conversation between her and Michael about the power of silence, be it in the courtroom or with a focus group, and how it can be used to benefit your case. And while this technique and others are discussed, Artemis reinforces the importance of understanding there is no “magic formula” for success and describes what she believes the best trial lawyers do after trial.
The insights Artemis shares throughout the conversation are not just insightful, but practical toward any case. Michael jokingly refers to these insights as a “list of the things we do to screw up our own cases.” But we also know even that depiction is sometimes an understatement, which is why talking with Artemis was such a pleasure in this episode. She tells it like it is, and we all come out better on the other side.
Background on Artemis Malekpour
Artemis Malekpour is a partner in the litigation consulting firm of Malekpour & Ball. With a background in psychology and psychiatric research, she specializes in focus groups, case strategy, damages, and jury selection. Artemis did her undergraduate work at the University of North Carolina at Chapel Hill, then earned a Master’s in Healthcare Administration from UNC’s School of Public Health and a law degree with honors from Duke University. She has consulted on a wide variety of cases across the country, with a knack for identifying potential landmines, incorporating her knowledge from years of watching jury deliberations and talking with jurors.
For more info on Artemis Malekpour visit https://www.trialguides.com/authors/artemis-malekpour/
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123 – Tom Kherkher – How Lawyers Can Make It Big on Social Media
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Before opening his own firm after graduating from law school in 2018, Tom Kherkher didn’t have Facebook or Instagram. “I was the guy everybody made fun of because I didn’t have social media,” he remembers.
Flash forward four years and Tom — or AttorneyTom, as he’s known online — is one of the most recognizable lawyers on the internet. He’s accumulated 500 million minutes of watch time on Facebook and 270 million views on YouTube. And as one of the first attorneys to take advantage of TikTok, he’s been able to funnel viewers toward his other content, which has generated cases for his firm.
But social media, in his opinion, isn’t always all it’s cracked up to be. It takes a lot of time and dedication to gain an audience, and even with one as big as Tom’s, social media isn’t generating hundreds of new referrals.
“I would be really skeptical of anybody who is directly making money off of you, if they’re selling you this social media product,” he says. “I do think it is going to get only better as younger people get in the workplace and are the ones who need lawyers, but slow and steady wins the race.”
So how do you gain a big social media following and keep them engaged? Which platforms generate the most success, and how can we get the most out of those platforms? Tune into this episode of Trial Lawyer Nation as Tom and host Michael Cowen talk through these topics — and reveal some social media secrets.
Featured Guest
Name: Tom Kherkher
About: Tom Kherkher is the founding attorney of The Kherkher Law Firm and an associate attorney of Kherkher Garcia. He is doing what he loves every day – fighting against injustice.
After graduating from law school and passing the Texas bar, Tom immediately founded his own law firm in Houston, Texas to fight for people and bring them justice. At The Kherkher Law Firm, Tom and his staff work tirelessly and passionately to recover damages for individuals who have suffered from the negligence of others. Tom Kherkher is licensed to practice law in the U.S. Southern District of Texas and all courts of the State of Texas and Louisiana.
Company: The Kherkher Law Firm, PLLC and Kherkher Garcia, LLP
Connect: LinkedIn | Twitter | YouTube | TikTok | Facebook | Instagram
Episode Highlights
[01:16] The YouTube lawyer: Meet Tom Kherkher, one of the top attorneys in the social media game. As one of the most-watched lawyers online, Tom has attracted clients to his firm, but it’s not as easy as some people claim.
[03:26] Straight outta law school: Before he even passed the bar exam, Tom had signed a lease on an office to start his own practice. He discusses why he took that risk and how he built his successful firm from scratch with the help of social media.
[08:27] Finding the sweet spot: How did Tom create a successful social media brand with millions of views? “Trial and error,” he says — and a surprising discovery about the value of longer-form YouTube content over TikTok.
[15:08] ‘Edu-tainment’ focused: Want a loyal social media following? Stop focusing on promoting yourself and don’t expect anything in return from your followers, Tom explains.
[19:33] What the algorithm wants: “At the end of the day, Facebook and YouTube — all they care about is making money,” Tom says. He reveals secrets to taking advantage of that business model and getting your videos recommended.
[25:12] Quantity vs. quality: Millions of views are great — but those rarely convert to cases or a loyal following. To find success, you need a healthy balance of both short-form and long-form content, says Tom.
[30:59] The beauty of social: Which is better — pay-to-play social media or organic social media growth? Both can be effective, and both will cost you money or time to get a worthwhile return.
[36:33] One hour a week is not enough: Organic growth that makes you money can be achieved — but you have to put in the work, and hiring people doesn’t work as a shortcut, Tom explains.
[40:56] Learn from influencers, not other lawyers: Tom explains what lawyers can learn about mindset by paying attention to young social media influencers like Mr. Beast.
[44:29] Breaking the fourth wall: This podcast follows a similar mindset as Tom’s on social media: it’s helped us build trust and get cases, but it’s taken a while to get there.
[48:48] ‘Not all it’s cracked up to be’: Tom signs off with a message to listeners: be skeptical of people who say they’re gaining hundreds of cases and making millions from social media.
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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112 – Krystal Cantu-Cuate – The Healing Journey: Facing Traumas and Truths
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On this special episode of Trial Lawyer Nation, Michael welcomes his favorite client of all time, Krystal Cantu-Cuate. Like many clients, Michael was introduced to Krystal under difficult circumstances. Krystal was traveling a car that experienced a tire blowout. The blowout resulted in a tragic accident, and the amputation of Kyrstal’s right arm. As is often the case, this was only the beginning of a long and emotional journey.
When she first saw her family members gathered in the hospital waiting room, they were crying and expressing fear and apprehension about her future. In that moment, Krystal decided she was going to be strong for them and defy their fears and worries.
With the driving force to be strong for her family and take control of her situation, Krystal began working tirelessly to achieve and overcome. Within a month of her accident, Krystal was back in the gym resuming her CrossFit training.
Behind that incredible tenacity the world saw, a much darker story was playing out. Krystal wasn’t okay. The trauma was silently wearing on her. She admits she was in denial, repressing difficult thoughts, emotions, and feelings about the accident. And, because she was lacking the tools and knowledge to process the trauma she went through, inner struggle, pain, and repressed emotions became her normal. As litigation wore on, and maintaining the Superwoman exterior became more difficult, Krystal’s mental health challenges began to consume her.
While the journey has more bumps than Krystal was willing to admit to herself in the early years, this story has a happy ending. With Michael’s help, Krystal admitted to herself that is was okay not to be okay, made her mental health a priority, and sought out the support she needed to continue her healing journey.
Join us on this new episode of Trial Lawyer Nation for this emotional story of trauma, bravery, hard truths, and healing with guest Krystal Cantu-Cuate, an ex-CrossFit adaptive athlete and keynote speaker on mental health.
Featured Guest
Name: Krystal Cantu-Cuate
About: Krystal Cantu-Cuate is an ex-CrossFit adaptive athlete, keynote speaker on mental health, part-time bridal stylist, mother, and wife. After a tragic car accident in 2013 that resulted in the amputation of her right arm, Krystal went on to live her life in the face of adversity. Becoming one of the first competitive CrossFit adaptive athletes, Krystal traveled all over the US competing — and inspiring thousands while doing so. In 2016, she gave birth to her son, Joaquin, and left her competitive career. In 2021, Krystal was faced with her biggest challenge yet: mental health. After a traumatic experience with crippling anxiety, Krystal was faced with challenges that called for uncomfortable conversations. Krystal is now a keynote speaker on mental health and its importance. She continues using her own personal experiences to help others who may be struggling.
Connect: LinkedIn | Instagram | Facebook
Key Points
Top takeaways from this episode
- It’s okay to ask for help. Asking for help doesn’t make you weak — it actually shows how strong you are. Whether you have a case in litigation or you’re fighting inner battles, it’s important to seek help. Lawyers and experts in the field can guide you through the litigation process and ease your worries. Close friends and family can give you the support needed to work through personal struggles. No matter your circumstance, always remember that you don’t have to go through it alone.
- A healing journey requires honesty and bravery. Healing is never easy, and it’s not a linear process. You have your ups, your downs, and everything in between. But what will get you through is honesty and bravery. You must be honest with yourself about where you are and what you need to start healing. Once you understand this, you need the courage to take on whatever challenge comes your way.
- Trust yourself. Nobody knows you better than yourself, although it’s easy to forget sometimes. In her darkest days, Krystal’s husband, Daniel, reminded her, “No matter what’s happening in your head right now, don’t forget — don’t forget who you are… Just trust yourself.” Trusting yourself and your strength can help keep you out of a downward spiral.
Episode Highlights
[02:06] The tragic story that changed everything: Krystal Cantu-Cuate shares the story of her car accident in 2013 that resulted in the amputation of her arm (and the beginning of her work with Michael Cowen).
[04:48] The litigation process: Krystal recounts what the litigation process was like, the harsh questions she faced in the deposition room, and what it was like dealing with foreign language and legalese documents.
[07:39] Knowing your strengths: Despite the severity of the situation, Krystal trusted in Michael, continued her CrossFit training as a form of therapy, and stuck to her strengths. What drove her to take on this superwoman persona?
[13:45] Dealing with the difficulties of the case: Krystal opens up about her fears of facing the memories during the witness preparation.
[16:18] Using CrossFit to push through: Krystal couldn’t fathom someone telling her she couldn’t do something — so she continued her CrossFit training. She doesn’t regret doing CrossFit because it kept her body healthy and her mind preoccupied.
[20:07] Struggling behind closed doors: Despite her fierce positivity, Krystal lost a lot of confidence in herself and faced a ton of anxiety after the accident.
[22:28] Finding a breakthrough: Krystal shares what finally led her to a breakthrough after a traumatic anxiety spiral. From suicidal thoughts to medication, Krystal faced a turning point that led to her healing journey.
[33:15] Using therapy in your healing journey: Michael and Krystal discuss their experiences seeing a therapist and why you have to be courageous to get honest. They also dive into the stigma of therapy and their thoughts on removing the stigma.
[35:31] The truth about intrusive thoughts: Krystal talks about naming her suicidal thoughts, telling her family about them, and why suicidal and intrusive thoughts are more common than you’d think.
[41:43] Not staying quiet: Instead of holding in her thoughts, feelings, and pain, Krystal speaks up. Whether it’s to her husband or therapist, Krystal shares what she’s feeling — despite how uncomfortable it can be.
[44:39] Receiving support: Krystal shares how her husband, Daniel, was an essential part of her healing.
[47:45] Krystal’s speaking initiatives: How is Krystal using her speaking to help others going through a similar situation? She’s sharing all of the details.
[51:08] Leading through tough situations: Krystal shares advice for attorneys on how to companion people through their difficult journeys.
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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114 – Brandon Thompson – Winning Medical Malpractice Cases
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Anuj Thapa wanted the American dream. A college student from Nepal who came to the United States to pursue mechanical engineering, Anuj had big dreams of getting his degree and becoming the breadwinner for his family members at home in Nepal.
But his aspirations were destroyed by a leg injury that led to a painful condition called compartment syndrome. Due to the neglect of his doctors, the damage that Anuj suffered after his surgery left him disabled.
Luckily for Anuj, he got one of the most esteemed medical malpractice lawyers in the country to try his case, Ciresi Conlin’s Brandon E. Thompson. With 17 years of experience in the medical malpractice law arena, he was able to win Anuj $111 million in damages. The defense’s argument? They claimed that Anuj — a 19-year-old in the U.S. on a student visa — was lying about when and where he developed compartment syndrome.
“That was a gift to us that they framed the case that way because it allowed us, throughout the case, to paint this as a credibility contest,” Brandon said. “Find me another case where you’ve got somebody who truly has had their American dream torn away from them in the way that his was.”
For Brandon, presenting cases to the jury with empathy is the key to success — and he’s had a lot of it. Tune in to this episode of Trial Lawyer Nation as host Michael Cowen talks with Brandon about all things medical malpractice: from the weaknesses of liability arguments to the secrets of getting a jury on your side.
Featured Guest
Name: Brandon E. Thompson
About: Brandon Thompson’s entire legal career has been dedicated to representing individuals and families who have suffered from the negligence of medical professionals. There is no greater professional honor for Brandon than being asked to help people when they are facing the darkest times of their lives.
Brandon is one of the foremost trial lawyers of his generation. He has won numerous multi-million jury trials — including some of the largest-ever jury verdicts in the State of Minnesota for clients harmed by serious medical malpractice — and has negotiated many millions of dollars of settlements for his clients. He is a member of a number of elite national and international trial organizations, and in 2018 was invited to be the youngest-ever Fellow of the International Academy of Trial Lawyers, the most prestigious organization of trial lawyers in the world.
Brandon’s work ethic and compassion were a product of his blue-collar upbringing; his grandfather was a mechanic, his dad was an electrician at the Ford plant, and he was the first person in his family to go to college. The father of three children, including a young daughter with extraordinary medical needs, he empathizes with his clients in a way few lawyers truly can.
Company: Ciresi Conlin, LLP
Connect: Email
Key Points
Top takeaways from this episode
- Look beyond liability. When choosing which cases to defend, one of the biggest mistakes lawyers can make is choosing a claim based on liability claims alone. Liability is not always as strong as it seems, so the first criterion should always be the seriousness of the injury or damages.
- Differentiate your case. One of the best things medical malpractice lawyers can do to win over a jury is to differentiate their case and show how it is an outlier.
- Avoid credibility arguments. In the case Brandon won for Nepali student Anuj Thapa, the hospital’s biggest mistake was using credibility as their primary defense. In this case, it was deeply improbable that someone like Anuj, who risked everything to pursue his “American dream,” would lie about his injury.
Episode Highlights
[01:43] Meet the expert: Brandon E. Thompson talks about how he went from insurance defense at a corporate firm — a job he hated — to one of the country’s foremost personal injury lawyers.
[04:42] Humble beginnings: Brandon’s upbringing in a blue-collar family influenced his decision to help people through law.
[06:06] Right place, right time: When Brandon decided it was time for a job change, he was given an opportunity that would shape the rest of his career: a job with one of the nation’s best medical malpractice lawyers.
[10:59] Picking the right cases: In a field that has no shortage of potential cases, how do medical malpractice lawyers choose which ones are worth defending?
[15:17] The chance for success: When so much of a case’s success rests on the jury — and luck — here’s what medical malpractice lawyers can do to boost their chances of victory.
[17:19] Differentiate the case: One of the strongest things lawyers can do to strengthen their case is to differentiate the situation from the norm and show how it is an outlier. Brandon offers examples of how to do this successfully.
[21:27] The $100 million case: Brandon tells the devastating story of his client Anuj Thapa — a Nepali college student who was the victim of a botched surgery — and how Brandon won his client $111 million in damages.
[32:53] What went wrong: Brandon explains how he framed — and later won — the case against the hospital and who was to blame for the permanent ailments Anuj was left with after his surgery.
[38:04] What drove the verdict: The lucky combination of Anuj’s strong story with a good jury helped Brandon win the case.
[45:49] Making the ask: How do medical malpractice lawyers decide how much in compensation to ask a jury for? Brandon explains why asking for a specific number may not always be the best choice.
[51:45] Rejecting the reptile strategy: David Ball and Don Keenan’s 2009 book “Reptile” presents a strategy that uses fear and anger to get jurors to sympathize with a plaintiff — but the approach may not work for everyone.
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.
