On this episode of Trial Lawyer Nation, host Michael Cowen is joined by Peter Anderson, a former insurance claims manager, renowned trial lawyer, and founder of the Law Offices of Peter M. Anderson.
They discuss Peter’s innovative use of simple props and analogies to convey complex medical information to juries, the importance of being calm and prepared in trials, and the challenges of selecting arguments. They also delve into the significance of empathy and respect in depositions, Peter’s approach to calculating damages, and the value of self-care in maintaining a successful legal career. Peter shares insights from notable cases he has worked on, emphasizing the importance of knowing oneself and mastering the art of oration, as well as understanding insurance companies’ tracking methods in settlement negotiations.
Featured Guest
Name: Peter Anderson
About: Peter M. Anderson “PMA” is a former insurance claims manager, national trial tactics lecturer, and expert dirt bike racer. He has tried jury trials every year for two decades, and during this time he’s won over 96% of his jury trials. Attorney Anderson has received money in 16 straight jury trials, and in the past two years he has tried five 18-wheeler semi-truck jury trials. Colorado-based attorney Anderson co-counsels large semi-truck cases, and this year, in 2023 alone, he’s received over $12M in jury verdicts, and with his truck crash settlements this year has exceeded $40 million.
Company: www.coloradopersonalinjury.com
Connect: LinkedIn
Episode Highlights
[07:42] Effective communication with props and analogies: Peter uses props and analogies to explain things like nerves carrying pain or illustrating the weight of the human head, to help jurors understand complex concepts.
[13:56] The importance of self-education and personal growth: Peter engages in constant learning through reading trial guides and holding seminars. He also dedicates himself to self-improvement, waking up early to practice voir dire and voice work.
[25:40] Developing an emotional connection with juries: Peter builds credibility, trust, and emotional connections with jurors by sharing vivid scenes and stories that resonate with them.
[28:27] Gathering powerful stories: Peter spends time listening to clients, seeking powerful moments that emotionally resonate. He uses the “20-20-20 rule” to identify critical aspects of the case.
[33:15] Respecting experts and delivering strong closing arguments: Respecting experts, choosing the moral high ground, and delivering compelling closing arguments that connect with jurors’ emotions are all important.
[49:36] Distinction and board certification for trial lawyers: Peter and Michael discuss the possibility of a distinction or board certification for trial lawyers to recognize the specific skills and dedication required in trial work.
[54:18] Uncertainty and change in the legal industry: Peter and Michael express uncertainty about the future of the legal profession. They discuss the rise of trial teams in advertising firms and the potential impact of non-lawyer ownership of law firms.
Connect with Trial Lawyer Nation
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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.
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122 – Malorie Peacock – Growing Your Practice (and Yourself) in 2023
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.
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116 – Michael Bonamarte – What Does It Take to Win a $20 Million Verdict?
Michael Bonamarte wasn’t always set on being a trial lawyer. In college, he started out on a pre-med track, eventually discovering a passion for the law. Now, he runs a successful firm with 20 years under his belt — and a $20 million verdict. What does it take to reach this level of success?
Throughout his career, Michael soaked up knowledge from the greats in his industry. From mentors and partners to books and other educational tools, Michael made sure he was learning everything he could so that he could go to bat for his clients. Because of this passion and drive, Michael won a plethora of large cases.
One of these large cases received a successful $20 million verdict. This multimillion-dollar case covered a difficult birthing complication, where the baby, AJ, was diagnosed with fetal growth restriction at 40 weeks. Significant changes in the fetal heart rate strips were not brought to the attending doctor’s attention, and ultimately, AJ suffered brain damage. Although he should live a regular life expectancy, AJ’s neurological function is limited and he will likely need custodial care for the rest of his life.
Due to the technicalities of the case, Michael knew he needed support from great experts. With the help of both law firm partners and medical experts, Michael was able to solidify the win. The medical experts could explain the points that matter and simplify complex terms for the jury. The defense, who argued that fetal growth restriction was caused by a genetic growth issue, didn’t have the necessary experts to strengthen their argument, which contributed to Michael and his team’s big win.
Throughout his career, Michael has had plenty of multimillion-dollar wins. Now, as a managing partner of his firm, Michael is helping other lawyers find that same success. By investing in the firm, making himself accessible to younger lawyers, and sharing all of his insight and knowledge, Michael is helping shape the next generation of lawyers winning million-dollar verdicts.
In episode 116, Michael Cowen is in conversation with Michael Bonamarte, Managing Partner at Levin & Perconti, to get all of the details on the $20 million verdict. Michael walks through the big case, from the opening statement and jury selection to the closing arguments and ultimate win. On this insightful episode of Trial Lawyer Nation, Michael also discusses what it’s like running a law firm, how he built up his skills early in his career, and the best ways to bounce back from a loss.
Featured Guest
Name: Michael Bonamarte
About: Michael Bonamarte, IV is a nationally recognized trial attorney who has achieved outstanding results in a number of high-profile nursing home, wrongful death, birth injury, and medical malpractice cases. He is committed to protecting and vindicating the rights of people who have been injured due to systemic flaws and corporations choosing profits over people. Michael is currently a Managing Partner at Levin & Perconti law firm in Chicago, Illinois.
Company: Levin & Perconti
Connect: Email | 312-516-1129
Key Points
Top takeaways from this episode
- You have to be a sponge to develop your skills as a trial lawyer. Michael Bonamarte has a passion for representing people who have been wronged. But passion doesn’t always mean you have the skills to succeed. So how do you develop your skills? According to Michael, you have to be a sponge and soak up all of the insight from other lawyers, mentors, and resources in your field.
- A strong argument requires the right experts. Especially if you’re working on a technical case, you need the right experts to guide you through complex terms and concepts. Additionally, experts serve as credible sources to support your argument during trial.
- Give the case your all. No matter how great of a lawyer you are, you won’t win every case. In order to bounce back from the losses, it’s important that you give every case your all. When you know that you did everything you could for a client, a loss is somewhat easier to bear.
Episode Highlights
[02:23] The beginning of an outstanding law career: Michael Bonamarte talks about his journey in the field of law and his work at Levin & Perconti.
[06:23] Developing trial skills: Michael shares how he went from a pre-med path in college to becoming a successful trial lawyer. He also discusses the people who have influenced his law career and how he stays educated.
[08:45] The $20 million verdict: Michael gets into the details of a difficult birthing case, sharing the complications of the birth and why it was such a big case.
[18:44] The defense of the case: According to Michael, there was an overwhelming number of expert witnesses for the case. But the defense, who argued that fetal growth restriction was caused by a genetic growth issue in this case, didn’t have the necessary experts to strengthen their argument.
[22:33] Michael’s strategy for winning the case: Because the case was extremely technical, Michael attributes much of his success to his partners and medical experts. These experts could simplify things for the jury, explain the relevant case points, and ensure that all information was accurate.
[27:05] The jury selection: Michael walks through the jury selection process specific to the case, how he set up a foundation of mutual respect, and how he exposed bias through a lighthearted example (deep dish or thin crust pizza?).
[36:06] The opening statement: Michael’s partner, Margaret, did the opening statement, and they chose to start off with the base premise of a healthy birth. They presented what should happen during a healthy birth, and then they presented plan B — what happens when that first scenario isn’t possible.
[44:47] Why presentation matters: Michael talks about a lung cancer case with a 40-year smoker and how he presented questions and information to win the case. He also shares the story of the shocking cross-examination during the birthing case and how he successfully delivered the closing argument.
[53:04] Getting the jury to fight for you: During the closing argument, Michael tapped into his emotions and personal experience of having a daughter the same age as AJ, the baby in the birth defect trial. Michael connected with the jury — especially the parents who may empathize with AJ’s family.
[58:49] What it takes to be a managing lawyer: As a managing lawyer, Michael often comes in at the end of the case after others have worked up the case. In order to get great workup done by others, Michael focuses on the bigger picture, utilizes the unique skills of the firm’s lawyers, and makes himself accessible to younger lawyers.
[1:05:58] Bouncing back after a loss: For Michael, it’s easier to come back from a loss knowing that you did everything possible for your client. As long as you put everything out there and give it your best shot, you’ll feel more positive about the situation — even if the outcome isn’t what you wanted.
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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132 – Malorie Peacock – The Hidden Power of Lay Witnesses
Lay witnesses. Whether you call them eyewitnesses, ‘before and after’ witnesses, or damages witnesses, you need them to help you make your case. And sometimes the most unexpected ordinary people can be the greatest witnesses.
“There’s obvious ones like the spouse or the children or family members of your plaintiff. But beyond that, there’s coworkers, there’s neighbors, there’s the pastor, there’s the guy that runs a corner store at the end of the block, their kid’s teacher…it could be a whole universe of people out there.”
On this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock explore how to identify potential lay witnesses and the importance of building trust with these witnesses to ensure that they feel comfortable disclosing pertinent information. They also examine the importance of obtaining visual evidence, such as photos and videos, to make events more real for jurors. But when it comes to getting these lay witnesses, lawyers have to be willing to do the legwork.
Tune in to gain valuable insights and strategies for building a compelling case through effective lay witnesses.
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 PeacockConnect: LinkedIn
Episode Highlights
[03:28] Don’t call lay witnesses “moaners and groaners”: Labels and words matter because they impact client and staff mindset. Clients are supposed to be survivors and not victims.
[05:59] Bullseye of witness credibility: Michael emphasizes the need to go beyond the obvious best friends and family members when identifying witnesses.
[08:48] Demystifying the legal system for witnesses: Lay witnesses don’t have any experience with the legal system. What they know is what they see on TV and it’s super dramatic. So explaining that to them is important in order for them to be comfortable in sharing their stories.
[13:30] The magic number for lay witness selection: Michael explains their process for getting quality witnesses.
[14:21] How to build trust with lay witnesses: Michael and Malorie share their insights on what you need to do to find, meet, and earn the trust of lay witnesses, and whether you meet them individually or in a group setting.
[27:26] Extracting the best witness testimony: Michael and Malorie emphasizes the importance of tailoring questions to the witness, the nuances of guiding non-natural storytellers in describing experiences, and how exploring the before & after of the plaintiff’s life can provide a richer narrative for the court.
[29:23] Using visuals to connect, comfort, and convince: Learn how the use of visuals provided by lay witnesses not only contributes to the credibility of a witness’s testimony, but also serves as a tool to calm nervous witnesses and help them relate their story with more ease and confidence.
[33:01] Nobody gets the witnesses that lawyers get: While you may be able to have your paralegal get things started, putting in the work yourself can lead to the discovery of more witnesses and better witnesses to build a compelling case, understand your client’s story, and tell it at trial.
[35:37] The impact of early lay witness disclosure: Grasp how this strategy can shape the opposition’s perspective and recognize the dual role it plays – fostering comprehensive case readiness and sending a strong signal to the defense about your intentions.
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.
