120 – Malorie Peacock – How To Grow Your Law Firm

In this week’s episode, Michael Cowen and Malorie Peacock discuss the importance of accurately valuing personal injury or wrongful death cases.

They recommend lawyers form groups to discuss and share insights on case valuation, using a carefully curated form to identify critical factors influencing a case’s value.

The round table can also provide a more confident and persuasive stance when negotiating with insurance companies or at mediation. Michael and Malorie emphasize the importance of determining when a case is ripe for settlement and the need for sufficient information to be gathered before engaging in negotiations. They challenge the notion that sending a demand letter makes a lawyer look weak and highlight the importance of considering all relevant factors, such as medical bills, potential for future treatment, insurance coverage, and the likelihood of winning at trial.

Case valuation is an art that requires careful analysis and consideration of all available information. The attorneys also encourage lawyers to form mastermind groups to share ideas and perspectives on cases, improving their knowledge and skills.

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

Episode Highlights 

[01.11] Accurately valuing personal injury cases: The hosts emphasize the importance of accurately valuing personal injury cases to ensure that clients receive fair compensation for their injuries.

[06.12] Considering all relevant factors in case valuation: Correctly valuing a case requires considering all relevant factors, including liability, damages, insurance coverage, and potential jury verdicts

[08.11] The importance of gathering sufficient information: Engaging in settlement negotiations without adequate information can result in missed opportunities, undervaluing or overvaluing a case, and a less favorable settlement outcome

[11.07] Challenging the notion that sending a demand letter is weak: Sending a demand letter can be a powerful negotiation tool that can demonstrate a lawyer’s confidence in their case and their willingness to fight for their client’s rights

[20.23] The round table approach to case valuation: The round table allows for a more comprehensive analysis of a case and helps lawyers prepare a stronger negotiation strategy.

[30.41] Improving knowledge and skills through mastermind groups: The hosts encourage lawyers to form mastermind groups for improved knowledge and skills. They discuss the benefits of collaborating with other lawyers and provide tips for finding or creating a group. 

[32.39] Using a carefully curated form to identify critical factors: Using a carefully curated form to identify key factors can help lawyers systematically and objectively evaluate a case’s strengths and weaknesses, which can lead to a more accurate valuation.

[36.43] The benefits of sharing knowledge within the plaintiff’s bar: Plaintiff attorneys shouldn’t see each other as competitors but rather as colleagues who can collaborate and share knowledge to improve their skills and the quality of legal representation for their clients.

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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.

“The relationship between the expert and the lawyer is a lot like a horse and a rider. I don’t want you to lead me in a dangerous situation, and I don’t want to lead you in a dangerous situation.”

On this episode of Trial Lawyer Nation, host Michael Cowen is joined by his partner Sonia Rodriguez, for a discussion on the dos and don’ts of working with retained expert witnesses. Sonia and Michael discuss the importance of consistent communication with your expert and remembering that while they may be the expert in their field, you’re the expert in the courtroom. Experts are equipped with technical knowledge, but when it comes to getting a jury to believe your story, it’s best to keep things simple. Just like a rider guides a horse, lawyers must guide their experts–the expert must know why they’ve been hired and how the lawyer sees them fitting in the case.

Featured Guest

Name: Sonia Rodriguez

About: Sonia Rodriguez, a native of San Antonio, Texas, is a partner at Cowen Rodriguez Peacock. Sonia has represented only plaintiffs for nearly 20 years, and she practices in the areas of personal injury trial and appellate law. Beyond the practice of law, Sonia has provided unwavering support to a number of important civic and community causes, including the Young Women’s Leadership Academy and the SAISD Foundation.

Company: Cowen Rodriguez Peacock

Connect: LinkedIn

Episode Highlights 

[2:07] The frustration of experts who don’t cite their sources: Retained experts may refuse to back up their opinions with authorities and publications, however, it’s vital that juries hear those citations. The best kinds of experts are natural teachers who want to back up their opinions with data. 

[5:42] Dealing with unwieldy experts: When faced with an expert who doesn’t want to anchor their opinions, Sonia reminds the expert that she is trying to protect them because Daubert motions are a real risk. 

[7:37] Ensuring nothing is missed: In order to keep everyone on schedule, Sonia communicates with her experts early and often, and always provides a “fake” deadline that builds in plenty of room for flexibility. Sonia also tells experts what they will be using to tell their story to the jury, so they can craft their trial testimony accordingly. 

[14:00] When one expert relies on another: Sometimes experts rely on the opinions of another testifying expert to craft their report, so Sonia recommends connecting experts and coordinating schedules as early as possible.

[19:42] How to ensure testimony is cohesive and persuasive: Sonia suggests figuring out where the expert’s opinion fits into your larger story at trial to utilize their testimony most effectively. Keeping the opinions in plain English is always a must.

[24:45] “Dr. Jekyll and Mr. Hyde” Experts: Sometimes experts can be charming and forthcoming on direct examination, but completely turn into another person on cross-examination, becoming defensive and argumentative. That’s when you know it’s time to stop using those experts!

[26:53] Pitfalls of listserv recommendations: While Sonia praises fellow members of the plaintiff’s bar for providing expert recommendations on the listserv, Michael cautions that you must always take these recommendations with a grain of salt and consider the source.

[30:20] Sonia’s final advice on experts: Don’t rely on staff to handle communications with experts; managing experts yourself minimizes the risk of miscommunications. Next, don’t forget to provide experts with key discovery materials as they are uncovered. Finally, build a personal relationship with experts.

Connect with Trial Lawyer Nation

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☑️ 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.

Lawyers know their cases backwards and forwards. However, jurors may need help honing in on the most important elements of a case. Visual trial strategy helps create a series of clear, tailored exhibits to present to a jury at trial.

On this episode of Trial Lawyer Nation, Michael Cowen talks to visual trial strategist, Amy Hall. Amy discusses her tried-and-true three-exhibit formula–the anchor, the link, and the payoff–which she uses to distill everything in a complex case into these three themes. Additionally, Amy explains that because jurors learn better by combining both visual and auditory means, she always recommends using physical exhibits while presenting your case instead of fumbling over technology. Tune in to learn how to employ visual trial strategy to guide juries through trials.

Featured Guest

Name: Amy Hall

About: Amy Hall’s background in cognitive science, journalism, the gambling industry, advertising, and graphic design, has given her a unique and highly relevant skill set for litigation strategy. She combines exceptional design, editing, and writing with real-world insights on decision-making and emotion to distill case themes into an effective visual strategy. She helps identify the difficult truths in a case, and then helps resolve them, providing tangible, ready-to-use tools that address the toughest case issues.

Company: Amy Hall’s Visual Trial Strategy

Connect: LinkedIn | Trial Strategy Academy CLE

Episode Highlights 

[2:10] What is Visual Trial Strategy?: Visual trial strategy involves demonstrative exhibits that are interrelated, interdependent, and strategically sequenced to support every meaningful point in your case. It’s a process that starts early in case development. 

[8:38] Learning From the Best: Amy’s first introduction into the world of litigation strategy came from famed strategist Ronald Jew, who taught her how to analyze cases and teach them visually and persuasively to juries.

[10:36] Developing a Visual Trial Strategy: Start by writing a neutral statement of the case that distills the case down to two pages. Then identify any landmines that might kill your case so that you know how to attack them. 

[13:22] Single Point of Failure: After you’ve laid the foundation for your trial strategy, you must then find the “single point of failure” in your case–why this happened and why it should have been prevented. For example, Amy will look for systemic failures that caused the harm, not just a single bad actor.

[16:36] Visual Trial Strategy Timeline: Amy will work on only one case at a time, including unpacking the case, putting it back together and creating demonstrative exhibits. However, this iterative process is not just about images to show the jury, but also should focus on the words used.

[19:51] Teamwork Makes the Dream Work: Amy prefers working with all members of the team, so long as it doesn’t exceed five people. With more than five people, there tends to be too many cooks in the kitchen.

[21:06] “No One is as Smart as Everyone”: Paralegals and legal assistants are not afflicted with the “curse of knowledge,” so they are invaluable in preparing for a trial. Their view of the case will be closer to a juror’s than the attorney who is deeply entrenched in the case, so be sure to thank your support staff!

[22:38] The Formula for Exhibits: Amy and her team will create a three-exhibit set–the anchor (preexisting conditions), the link (bad acts of the defendant), and the payoff (damages). Every fact in the case will fall into one of these three categories.

[25:36] Anchor-Link-Payoff Example: In a trucking case, for example, the first exhibit would be the safety measures and regulations in place for trucking companies. The second exhibit would be the trucking company putting an unsafe driver behind the wheel, and the third would be the harm to the plaintiff.

[29:04] Teaching the Formula Visually: Using a document deconstruction, Amy will simplify authorities and sources and provide the jury with a takeaway in a “chatty yellow box.” Michael now insists that his expert witnesses use this format in their testimony.

[32:01] Cases Should Feel Simple: When you’re using the three-exhibit set correctly, the case should be easy for jurors to understand, which allows you to earn their trust. From there, you can teach complex topics because they all ultimately boil down to your basic formula.

[34:34] The Benefits of Physical Exhibits: Based on her experience in over 400 cases, Amy has learned that jurors learn best from physical boards, even if it requires more preparation. Fumbling with technology will hurt your credibility, but don’t forget to practice with the physical boards too.

[40:38] Visually Depicting a Client’s Harm: Instead of relying on impersonal medical illustrations, focus on loss of function, including what they liked to do before the harm occurred. To demonstrate this, you can use the same three-exhibit set to present medical damages.

[43:22] Starting Early: Michael begins asking about the client’s life before the accident in their very first meeting. Ask your clients and their families early and often for pictures that you can begin using at mediation to signal to the defendant that you’re ready for trial.

[48:27] Cognitive Rationale for Visuals: Vision is key to how people learn, remember and care about things, but language is also vital. Visual trial strategy merges both to most effectively help jurors understand the material, even as they tune in and out.

[52:16] Repetition is Valuable: Jurors love when you show them your most important benchmark or keystone exhibits more than once. These help them link all the information together, which is another reason physical boards are preferable.

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.