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

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.

Two of the most difficult career paths are running your own business and practicing as a trial lawyer. They both take time, energy, commitment, and exceptional ability in your craft. However, when running your own law firm, you’re tasked with doing both. It can be easy to mismanage the business side or let your abilities as an attorney waiver when one takes control of the other. So how do you balance the two for an exceptional law practice?

In episode 119, Michael Cowen speaks with Sonia Rodriguez, his fellow Partner & Trial Lawyer at Cowen, Rodriguez and Peacock PC about how they run their law firm. On this episode of Trial Lawyer Nation, Michael and Sonia discuss balancing being great lawyers and running a great firm, hiring and coaching decisions, how team building can impact the success of your efforts, taking the right cases at the right time, and much more.

Featured Guest

Name: Sonia Rodriguez

About: Sonia Rodriguez is a native of San Antonio. She graduated from Burbank High School then completed undergraduate studies at the University of North Texas in Denton, Texas. In 1999, Sonia received a Juris Doctorate degree from St. Mary’s University School of Law, in San Antonio, Texas, where she served as an editor and a co-founder of The Scholar: St. Mary’s Law Review on Minority Issues. Since then, Sonia has represented individuals and families who have been injured or have lost loved ones due to the negligence of others. Sonia’s commitment to serving her community through honest and fair legal representation was inspired by her father, a passionate labor organizer and her mother, a hard-working and loyal former paralegal.

Company: Partner And Trial Lawyer, Cowen | Rodriguez | Peacock

Connect: Linkedin

Key Points

Top takeaways from this episode 

• Your law firm is a business. Is it healthy? Reminder that a law firm is a business. It’s important that you periodically gauge where your firm stands on its goals for growth, quality, income, and other goals you may have set to ensure it’s running the way you envision it.
• How to manage your new team members from the business and law sides of the firm. Managing a team is a skill. It’s imperative that you hire team members from both the business and law side of the firm that fit your firm’s culture, quality, and vision. That also means that as the firm grows, your team members may not grow with it whether from their decision or yours. You must communicate the past, present, and future of your firm to your team so that you can all work together as smoothly as possible.
• How to balance running a law firm and practicing law by hiring exceptional team members. You’re not going to enjoy or thrive in every section of running a law firm. The key to balancing the things you enjoy and the things you don’t is hiring exceptional team members to handle things like marketing, advertising, human resources, etc.

Episode Highlights 

[02:19] Evaluate Your Business Health: Keep an eye on what works and what does not in your law firm

[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. 

[13:56] Keeping up with a drastically changing job market: 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

☑️ 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.

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.

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.