130 – Malorie Peacock – Keeping Calm Amidst the Chaos: How to Handle Difficult Clients

Big insurance cases can become complicated quickly. The ins and outs, layers of coverage, and strategies aren’t a one-size-fits-all, but learning from someone who has spent years putting on the parachute and jumping out the plane can save you from many of the headaches that follow.

With a storied career ranging from big law and excess coverage, to truck accident and personal injury, Deena Buchanan has earned the skills to pay the bills and chooses to pay it forward. Since her switch from big law and Fortune 500 in-house counsel to the plaintiff side of law, Deena holds valuable insight that can apply to both sides of the court. 

In episode 118, Michael Cowen speaks with Deena Buchanan, Managing Partner at Buchanan Law Firm, LLC. On this educational episode of Trial Lawyer Nation, Michael and Deena also discuss what it’s like running a law firm, giving advice and brainstorming with less experienced attorneys, different excess cases, not settling against major corporations, and much more.

Featured Guest

Name: Deena Buchanan

About: Deena Buchanan brings more than 20 years of experience, thoughtfulness and a commitment to strong advocacy to every case she handles. 

Deena has been a trial attorney since she was admitted to practice, and she’s earned high regards from judges, clients and other attorneys. She’s known for her thorough preparation, her oral advocacy skills during trial proceedings, and her poise and composure in any situation. She has tried employment, personal injury and wrongful death actions. She’s also represented insurance companies and major corporations, for many years, so she knows what to expect from the other side.

Though she has considerable experience in a number of jurisdictions, Deena focuses her current practice on controversies arising in New Mexico. She has a comprehensive knowledge and understanding of the laws and procedures in New Mexico, as well as local trial practice.

Company: Managing Partner, Buchanan Law Firm, LLC

Connect: Linkedin 

Key Points

Top takeaways from this episode 

• How do you know when there is excess coverage? It can be easy to overlook the specifics in big insurance cases, especially when there’s a large settlement offer. However, by doing this, lawyers often leave money on the table. By asking in discovery early and often about the coverage you see, you can pick out wordings and layerings being used to hide the actual amount your client could be up for. 
• You need to build relationships with adjusters and decision makers. Often with insurance cases, your information is based on what is collected and provided by the defense lawyer. They’re often overworked or a true believer in the case and want to make it difficult for you to get the policy information you need. This is why it’s important to build relationships with adjusters who can get you the information you need, work around the people withholding or dragging their feet, and build your name in the industry.
• You can drive up the value of your case. By serving with complaint, pushing in discovery with motions to compel, and giving notice for depositions early, you can push the value of your case for your client up. You’re showing that you’re serious both to your client and to who you’re going after, showing you won’t settle for less or be pushed around. By doing this it strengthens a long term relationship with your client, not just adjusters, and opens the chance for them to gain higher compensation more quickly.

Episode Highlights 

[02:35] Deena’s Background that led her to a successful career in law: How a career spanning many different areas can prepare you for your next steps. 

[10:32] Don’t settle when there’s money on the table: It’s common for lawyers to settle for less money when they don’t quite understand the policies they’re covering.

[16:14] Finding the pressure points on the carrier: Deena talks about the pressure points you want to find for a carrier to settle the covered claim in an insurance case.

[21:56] Plaintiff lawyer questions: Deena shares specific ways a plaintiff lawyer can make sure the right information makes it to adjusters.

[30:09] How a plaintiff lawyer can drive up the case value: Deena shares ways that plaintiff lawyers can show they’re serious and drive up the relief for their clients

[35:28] How management changes affect relationships: You want a good relationship and to run a good case to avoid breaking down relationships with management at insurance companies or head adjusters.

[37:46] Experienced lawyers are willing to help you with advice: Deena and Michael discuss the fear that younger lawyers may have of asking for advice on a case – fearing that they will have to bring someone new on. But that’s not the case! Ask for advice and to brainstorm all over. 

[41:33] What work Deena is doing now: Deena switched to the plaintiff side of law and has never been happier. She mainly focuses on trucking cases now, and carries her knowledge throughout her career. You can reach Deena on her website at Buchananlaw.com.

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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.

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.

On a good day, a personal injury trial can feel like an uphill battle. Now, add a small inhospitable venue, a less-than-sympathetic client, and a slew of video witnesses into the mix. That’s exactly where Michael and Malorie found themselves recently trying a commercial vehicle case. In this episode of the Trial Lawyer Nation, they’re here to reflect on the trial and discuss the unique challenges they faced, the strategies they employed, and actionable lessons you can take into your next trial. 

To set the stage, the case involved an oilfield worker rear-ended on the highway. He suffered significant structural injuries, returned to work for a year, and ultimately had a hip replacement and additional therapies.

While liability was never in doubt, damages is where Michael and Malorie faced an uphill battle. The first challenge was that the client’s medical records said he had degenerative disc disease from childhood. How do you establish that his injuries are attributable to the motor vehicle wreck?

To complicate matters, the client returned to work, performing the same responsibilities as before the accident, only seeking treatment sporadically. To keep things interesting, the judge allowed the admission of evidence of the client’s cocaine use around the time of his treatment. These are just a few of the issues that threatened to derail our damages claims. 

Join us on this episode to hear the details of the case, including our future-focused approach, witnesses and experts we called and why, the unique way we presented the medical and non-economic damages witnesses, and much more on this new episode of Trial Lawyer Nation featuring Malorie Peacock.

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 for helping those who have been hurt in every case.

Company: Cowen Rodriguez Peacock 

Connect: LinkedIn  

Key Points

Top takeaways from this episode 

• You don’t need to prove your whole case with one witness. A witness to establish damages does not have to know everything about the client’s life or know them before and after the crash and be able to compare. Instead, it has to be someone involved. The key is to string together tidbits of information into a coherent story.
• Before using video depositions during a trial, you need to know the critical predicate questions in your jurisdiction to lay the foundation to use that either as a demonstrative or to get it admitted into evidence because it makes a giant difference. You also want to make sure your videos are reasonably short and engaging. None of the videos in this case exceeded 25 minutes.
• Your client may not be likable, but you must protect and fight for them. Some clients are tough to love, but if you take their case, you want to protect them as best you can from the jury selection process and throughout the trial by looking out for obvious sentiments that could go against your client.

Episode Highlights 

[01:45] The case many lawyers didn’t want to touch (Including us): Malorie Peacock provides the background for the commercial vehicle accident case.

[02:33] The challenges with the case: Michael lays out the challenges and how it looked like an impossible case to win.

[04:41] Surmounting roadblocks: Despite the many challenges, Malorie knew that the fighting chance was in identifying and telling the most important stories.

[07:24] Witnesses make a great difference: Michael commends the choice and organization of witnesses called and how their testimonies help tie the evidence together and paint the full picture.

[15:50] The smart way to use video depositions: Malorie and Michael discuss how they used video depositions, carefully editing the testimony to go straight to the point, and keeping it brief. 

[22:43] Use your expert witnesses as brushes to paint the true picture: Ultimately, you’re telling a story during trial. Sometimes you need other expert witnesses to help convey the story.

[28:10] Keep notes: How the team transformed live notes into exhibits.

[31:33] Why Malorie initially didn’t want to take the case: Malorie shares why the team almost did not take the case and the importance of letting the merits of the case lead decisions.

[36:41] With an unsympathetic client, jury selection is crucial: Why the team chose to bring in jury consultants, Michael’s admission that this voir dire was different from anything he has done before, and his favorite question, “Have you ever loved somebody that you didn’t like?”

[44:20] Trials can change people: Malorie recounts her personal experience with the client and his efforts during the process to reconnect with his family and be a better person.

[52:21] Settle when the number is right: At what point does it make sense to settle during trial? Michael and Malorie share their experience.

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.