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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
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☑️ 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.
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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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115 – Malorie Peacock – How to Get Compelling Testimony From Treating Doctors
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Getting credible testimony from treating doctors can make or break your case. In this episode, Michael and Malorie are sharing their strategies to get powerful testimony from treating doctors, work through common challenges, and help build your case.
While the personal knowledge of the treating physician establishes significantly more credibility than a hired expert, it’s imperative the doctor communicates well and speaks in a way the jury can understand — without all of the medical jargon.
Remember: treating doctors aren’t professional testifiers. The lawyer needs to ensure that the treating doctor is prepared to give efficient, compelling testimony. You’re the guide who’s questions will lead the doctor along the trail of your strategy, and avoid getting stuck in the weeds of mundane details.
Malorie’s strategies to guide the story include magic words and visuals. Magic words or questions ensure you get what you need from the witness and end up with valuable testimony. Visuals (like diagrams, animations, or demonstrations) can help the jury visualize the story — as long as your visuals are relevant to your trial strategy. To wrap everything up, Malorie suggests you leave the jury with the major takeaway from your witness…just make sure it connects to the next part of your case.
Tune in to episode 115 as Michael and Malorie discuss strategies and best practices for working with treating doctors, the do’s and don’ts of getting valuable testimony, preparing the witness, and utilizing their testimony to build a compelling story for the jury.
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
Key Points
Top takeaways from this episode
- Testimony from treating doctors can be crucial for a win. A treating doctor can testify from a place of personal knowledge, showing the jury what happened from a medical perspective. They have more credibility than someone you might hire, and because of their longer history with the client, they’re harder to cross-examine.
- Bringing in treating doctors has its share of challenges. Although treating doctors can be critical for a case, there are often challenges when bringing them in to testify. Doctors speak their own language; they often use medical jargon that the average person won’t understand. So, if you want to work through these challenges, you need to make sure your treating doctor is using colloquial language and is a great communicator.
- You should think about your case from a storytelling perspective. It can be easy for a treating doctor to get into every detail of the medical procedure, condition, or patient visit. As a lawyer, you want to guide the treating doctor and make sure they stay on track, only sharing details that are relevant to your case strategy. Be careful not to be leading or argumentative, but build your story with key components and questions that make the testimony understandable.
Episode Highlights
[01:59] Events for attorneys: Michael Cowen talks about upcoming events for lawyers put on by top organizations including the Academy of Truck Accident Attorneys and Trial Lawyers University.
[03:07] Getting testimony from treating doctors: Apart from making sure you have a clear appellate record, your doctor’s testimony is a critical component of the story you’re telling to the jury. However, there are some challenges with getting treating doctors to give coherent, clear testimony.
[09:19] Should witnesses be live or on video? Malorie Peacock explains the benefits of having a live witness compared to someone on video. She also shares why a live witness can be a bigger risk.
[10:59] Compelling treating doctor direct examinations: Malorie talks about how lawyers can introduce witnesses in an efficient way — and why it’s important to build trust with the doctors so their testimonial is straight to the point.
[16:12] Dealing with questioning: Malorie and Michael discuss how to deal with accusatory questions that frame the witness as being in some sort of collusion with the lawyer.
[19:38] Magic words and questions: You don’t have to use magic words or phrases in trial, however, Malorie shares how they could help you and why it never hurts to use them.
[24:37] Showing a doctor’s work without going overboard: You want to prove a doctor’s credibility and show their work. But you don’t want to go overboard and have them share the entire chart. Malorie and Michael share their strategies for finding the middle ground while presenting the necessary information.
[29:23] Degeneration — the dreaded word: Lawyers, especially those in Texas, don’t have to run away from the concept of degeneration. A preexisting condition is something that the jury can accept and move forward from; just because someone had a broken arm before doesn’t mean they can’t break their other arm.
[33:11] Using visuals with treating doctors: Malorie and Michael share their tips for using visuals in cases. They explain that visuals are crucial in clarifying a doctor’s point and helping the jury visually connect to the story — but you don’t want to use visuals that aren’t relevant to your trial strategy.
[42:14] The end of a doctor’s testimony: To wrap everything up, you should ask your magic word questions and leave the jury with a takeaway that connects to the next part of your case (which will often be non-economic damages).
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.
