128 – Malorie Peacock – Mastering the Art of Case Valuation: Strategies and Insights for Successful Negotiations

Although technology has improved our quality of life, there are negative consequences, such as the increase in automobile and truck accidents stemming from distracted driving.

Despite the benefits of GPS tracking, specialized brake systems, and virtual logging of hours, there have been issues with falsified data, unassigned drive time, and “phantom drivers” in the trucking industry.

Fortunately, telematics has helped mitigate some of these problems by providing real-time notifications and useful data. However, the proliferation of apps and systems has also increased distractions for drivers, leading to safety risks.

In this episode of Trial Lawyer Nation, Malorie J. Peacock, Partner at Cowen Rodriguez Peacock, and host Michael Cowen discuss the intersection of technology and driving. They examine the pros and cons of technology on the road, how it affects truck drivers, and how telematics data can assist lawyers in automobile and trucking cases.

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 

[2:40] Electronic systems for the road: Malorie provides an overview of the technology available in modern vehicles.

[4:40] Electronic logging devices: In the past, truck drivers would record their hours of service on paper. However, this approach became fully digitized a few years ago and now involves GPS data. Despite its benefits, there are also drawbacks associated with this system.

[7:54] Cheating the system: Despite their apparent reliability, electronic logging devices can be manipulated by truck drivers to falsify their driving hours.

[12:30] A problem of perverse incentives: The trucking industry faces a significant issue with the fabrication of logs, as it benefits both truck drivers and trucking companies.

[14:58] The benefits of telematics: Electronic systems equipped with GPS tracking, known as telematics, can collect and transmit a wide range of data to a central location, providing transparency and enhancing safety measures.

[18:52] Investing in telematics: Telematics offer numerous benefits, including increased safety, reduced insurance claims, video evidence, and economic advantages.

[21:38] Getting the data: Obtaining data from telematics can be a complex process, dependent on the system, procedures, and company. Malorie and Michael delve into the various capabilities and recommend seeking expert assistance.

[26:42] The downside of technology and truck driving: While technological advancements offer benefits, they also pose an increased risk of distraction. Malorie and Michael discuss the potential use of phone data in distracted driving cases and the complexities surrounding data ownership.

[33:26] Distractions from driving apps: Certain applications, such as electronic logging devices, can distract truck drivers, while other job-specific apps may elevate the risk of distraction for delivery drivers and rideshare drivers.

[35:16] Examining driving apps: For those seeking to learn more about designing an app for their needs, Malorie suggests conducting a Google search to access videos exploring specific apps and their creation. She cautions against investing too heavily in apps or data that will not significantly impact their case.

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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.

Helping attorneys create great company culture is what motivates Jessica Mogill to give her best every day. As Head of Coaching Strategy at Crisp, the nation’s leading law firm growth company, Jessica helps attorneys define and improve their culture. 

“Culture is really what drives the experience. And it drives the emotions that you feel,” Jessica says. “And I think that when you have team members who are part of a culture and part of a mission and a vision, your clients do feel that, your referral partners feel that, and they know that there’s something special about this place.” 

Jessica offers advice on how to start defining your core values, creating KPIs that are measurable, and onboarding new team members to make them part of your team culture. 

She also reflects on some lackluster onboarding experiences that she experienced early on in her career and how those initial interactions soured her perception of those companies from the very beginning. 

For professionals working on trucking or company vehicle cases, host Michael Cowen closes the episode with a reminder that he is hosting the upcoming Big Rig Boot Camp on June 16th in San Antonio, Texas.

Featured Guest

Name: Jessica Mogill

About: Jessica Mogill is Head of Coaching Strategy at Crisp, the nation’s premiere law firm growth company. On paper, Jessica is an industrial engineer and got started in her career as an engineer in steel-toed boots and a hard hat. 

When the time came for a career shift, she entered Crisp on the ground floor back in 2014. While she originally only planned to advise Crisp for 30 days, almost 10 years later, she’s helped Crisp grow to unimaginable heights. Through her experience growing Crisp, Jessica has developed a unique set of leadership and strategic skills, which she now translates into guidance not only for the internal team but also for Crisp Coach clients. 

As the mastermind behind the content and experience of the industry-leading Crisp Coach program, Jessica keeps a pulse on the challenges, opportunities, and knowledge gaps facing the leaders of the nation’s top law firms — and delivers solutions that transform.

Company: Crisp

Connect: LinkedIn 

Key Points 

Top takeaways from this episode

• Culture starts with core values. Defining your core values is the basis to defining your company culture. It’s also normal for core values to change over time as a company grows or needs different things. Ideally, review your core values annually to confirm they still work for the business.
• Invest in your team. Take a 360 degree view of investing in your team. This can include lunch and learns, training, and social events. At Crisp, there is a culture committee who is responsible for regularly planning events for the team in support of core values. 
• Assessments can improve the hiring process. Hiring assessments can be used to enhance your hiring process and align candidates with the work that is best suited for their strengths. Examples of assessments used at Crisp are Kolbe, PRINT, and Wonderlic assessments.
• Setting KPIs helps build high performing firms. KPIs let attorneys objectively review performance. A good KPI measures the root issue that needs to be addressed. Using software for tracking and reporting can keep you accountable but you can start with a simple spreadsheet if you don’t currently have software in place.

Episode Highlights 

[05:53] Culture is how stuff gets done: Jessica distills down the definition of culture to be how work gets done — what the standards are, what you’ll tolerate, and what is and is not acceptable at your firm. 

[08:19] Deciding on your culture: Jessica believes that every company will have a different culture based on its unique values.

[11:05] Start with core values: Jessica recommends starting with core values when defining your culture. She explains that core values are what you endorse versus what you tolerate.

[14:27] Go back and revisit core values regularly: At Crisp, Jessica reviews the company’s core values on a quarterly basis to ensure they’re still true. At a minimum, she recommends reviewing core values on an annual basis.

[19:33] Finding the right people is the hardest thing: Jessica speaks to how the recruitment process works at Crisp.

[29:42] Data creates high-performing firms: Jessica explains that key performance indicators (KPIs) will make you more objective in evaluating performance — you either hit the target or you don’t.

[36:57] Onboarding is overlooked and undervalued: Jessica walks us through how she approaches approving new positions and onboarding new team members at Crisp to give them the best possible experience.

[40:53] Volunteers, not hostages: Jessica shares the different questions she asks to determine if a person is the right player to have on her team. If your company has outgrown a team member, you need to start with a candid conversation.

[46:00] Communicate with context: Jessica describes how a new team member is essentially jumping on a moving train and lacks the institutional knowledge that other team members have built over time. It’s important to slow down and add context to get the best results.

[57:26] Big Rig Boot Camp: Michael reminds listeners that the Big Rig Boot Camp is coming up on June 16th in San Antonio, Texas.

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.

A new year is an excellent opportunity to reflect on your progress and set or reassess goals. That’s the easy part. The challenge comes when your motivation wanes as the year wears on. How does a trial lawyer, with too many tasks to juggle already, set (and stick to) a lofty set of personal and professional goals?

Michael Cowen and Malorie Peacock share their personal and professional goals for 2023, the challenges of sticking to intentions, and what they’re excited about for Cowen Rodriguez Peacock in the new year.

They also remind listeners that achieving goals is a continuous journey. Stumbling isn’t a reason to give up on your goals. Struggling is normal, it’s those that keep pushing and stay ready for the fight that find success.

Join Michael and Malorie for more tips and inspiration for setting achievable goals in 2023, finding balance between your personal and professional lives, and pushing through even when it gets hard. 

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 

[01:47] Looking forward to a new year: Michael and Malorie reflect on 2022 and share their enthusiasm for 2023.

[03:50] Setting and achieving personal goals: Michael discusses his personal goals for 2023 and why he believes everyone should set personal goals. He also reflects on the challenges he’s faced in sticking to his intentions.

[08:35] Career-related goals for 2023: Sharing his trial goals, Michael is ready to “get in there and pick some juries and start fighting and hopefully get some verdicts.” Additionally, he plans to continue helping lawyers develop their trial skills, invest more in his New Mexico firm, Begum & Cowen, and focus on the marketing efforts at Cowen Rodriguez Peacock.

[11:17] Finding balance: Last year, Malorie focused on balancing her roles as a new mom and a trial lawyer. This year, “my bigger focus is going to be on making sure that I’m keeping better control of my calendars, that I don’t have back to back weeks when I’m out of town and away from my kid.”

[13:49] Achieving freedom in your busy schedule: Malorie and Michael talk about why it’s essential to develop your people and relinquish some control in order to gain freedom in your schedule.

[20:07] On developing trial skills: From a supportive firm to trial and error, Malorie shares her strategies for developing trial skills over the past 10 years. Michael also contributes his thoughts on finding success through your own style and strategy.

[24:42] Imperfection isn’t the end of the world: lawyers tend to catastrophize situations and worry that they’ll lose a case if they don’t execute the plan flawlessly. Michael reminds listeners that jurors decide cases on major principles or themes — not on minor mistakes.

[26:22] Always be prepared for the fight: “Even the people that have beaten me in trial, they end up paying me more the next time because it was not a fun ride for them. They know that they just got lucky that day or just the facts were on their side that day.”

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.