Lawyers know their cases backwards and forwards. However, jurors may need help honing in on the most important elements of a case. Visual trial strategy helps create a series of clear, tailored exhibits to present to a jury at trial.
On this episode of Trial Lawyer Nation, Michael Cowen talks to visual trial strategist, Amy Hall. Amy discusses her tried-and-true three-exhibit formula–the anchor, the link, and the payoff–which she uses to distill everything in a complex case into these three themes. Additionally, Amy explains that because jurors learn better by combining both visual and auditory means, she always recommends using physical exhibits while presenting your case instead of fumbling over technology. Tune in to learn how to employ visual trial strategy to guide juries through trials.
Featured Guest
Name: Amy Hall
About: Amy Hall’s background in cognitive science, journalism, the gambling industry, advertising, and graphic design, has given her a unique and highly relevant skill set for litigation strategy. She combines exceptional design, editing, and writing with real-world insights on decision-making and emotion to distill case themes into an effective visual strategy. She helps identify the difficult truths in a case, and then helps resolve them, providing tangible, ready-to-use tools that address the toughest case issues.
Company: Amy Hall’s Visual Trial Strategy
Connect: LinkedIn | Trial Strategy Academy CLE
Episode Highlights
[2:10] What is Visual Trial Strategy?: Visual trial strategy involves demonstrative exhibits that are interrelated, interdependent, and strategically sequenced to support every meaningful point in your case. It’s a process that starts early in case development.
[8:38] Learning From the Best: Amy’s first introduction into the world of litigation strategy came from famed strategist Ronald Jew, who taught her how to analyze cases and teach them visually and persuasively to juries.
[10:36] Developing a Visual Trial Strategy: Start by writing a neutral statement of the case that distills the case down to two pages. Then identify any landmines that might kill your case so that you know how to attack them.
[13:22] Single Point of Failure: After you’ve laid the foundation for your trial strategy, you must then find the “single point of failure” in your case–why this happened and why it should have been prevented. For example, Amy will look for systemic failures that caused the harm, not just a single bad actor.
[16:36] Visual Trial Strategy Timeline: Amy will work on only one case at a time, including unpacking the case, putting it back together and creating demonstrative exhibits. However, this iterative process is not just about images to show the jury, but also should focus on the words used.
[19:51] Teamwork Makes the Dream Work: Amy prefers working with all members of the team, so long as it doesn’t exceed five people. With more than five people, there tends to be too many cooks in the kitchen.
[21:06] “No One is as Smart as Everyone”: Paralegals and legal assistants are not afflicted with the “curse of knowledge,” so they are invaluable in preparing for a trial. Their view of the case will be closer to a juror’s than the attorney who is deeply entrenched in the case, so be sure to thank your support staff!
[22:38] The Formula for Exhibits: Amy and her team will create a three-exhibit set–the anchor (preexisting conditions), the link (bad acts of the defendant), and the payoff (damages). Every fact in the case will fall into one of these three categories.
[25:36] Anchor-Link-Payoff Example: In a trucking case, for example, the first exhibit would be the safety measures and regulations in place for trucking companies. The second exhibit would be the trucking company putting an unsafe driver behind the wheel, and the third would be the harm to the plaintiff.
[29:04] Teaching the Formula Visually: Using a document deconstruction, Amy will simplify authorities and sources and provide the jury with a takeaway in a “chatty yellow box.” Michael now insists that his expert witnesses use this format in their testimony.
[32:01] Cases Should Feel Simple: When you’re using the three-exhibit set correctly, the case should be easy for jurors to understand, which allows you to earn their trust. From there, you can teach complex topics because they all ultimately boil down to your basic formula.
[34:34] The Benefits of Physical Exhibits: Based on her experience in over 400 cases, Amy has learned that jurors learn best from physical boards, even if it requires more preparation. Fumbling with technology will hurt your credibility, but don’t forget to practice with the physical boards too.
[40:38] Visually Depicting a Client’s Harm: Instead of relying on impersonal medical illustrations, focus on loss of function, including what they liked to do before the harm occurred. To demonstrate this, you can use the same three-exhibit set to present medical damages.
[43:22] Starting Early: Michael begins asking about the client’s life before the accident in their very first meeting. Ask your clients and their families early and often for pictures that you can begin using at mediation to signal to the defendant that you’re ready for trial.
[48:27] Cognitive Rationale for Visuals: Vision is key to how people learn, remember and care about things, but language is also vital. Visual trial strategy merges both to most effectively help jurors understand the material, even as they tune in and out.
[52:16] Repetition is Valuable: Jurors love when you show them your most important benchmark or keystone exhibits more than once. These help them link all the information together, which is another reason physical boards are preferable.
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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117 – Isabella Santellan – How to Build a Referral-Based Practice
When it comes to personal injury law, the client-firm relationship can be fairly transactional. Most clients aren’t talking about their personal injury cases with their network, and lawyers hope that their clients don’t get injured again and become repeat customers.
But when you have mostly transactional, single-case relationships with clients, how can you gain more business? If your personal injury clients aren’t telling their network about you, who will?
One of the most rewarding methods for gaining more business is referral marketing. Creating longstanding attorney referral relationships gives you a pipeline for more cases, helps you build a reputation, and keeps your firm top of mind in the industry. However, in order to succeed with referral-based marketing, you have to cultivate your relationships and think about what the other person wants.
According to Michael Cowen and the team at Cowen Rodriguez Peacock, you have to give back in order to grow your referral-based business. Take referring attorneys out to lunch or to an event that they would enjoy. Or, give them a gift that’s personalized (and doesn’t have your firm’s name or logo on it). However you decide to show gratitude to your referral partners, it’s important that you create a system to follow up, check in every now and then, and continue nurturing that relationship.
Above all, Michael says that it’s important to create a culture of sharing and respect and keep your promises with referring attorneys. You don’t have to take every case that comes your way, and you can’t guarantee the outcome of a case. You can, however, promise to work hard, keep clients informed, and honor the deal you made.
In episode 117, Isabella Santellan, the Marketing Assistant at Cowen Rodriguez Peacock, asks Michael Cowen all of the essential questions about building a referral-based business and tending to referral relationships. Listen to this episode of Trial Lawyer Nation to hear Michael’s advice on building a referral network and nurturing relationships, turning down referral cases, and simplifying the referral process for your firm.
Featured Guest
Name: Isabella Santellan
About: Isabella Santellan is the Marketing Assistant at Cowen Rodriguez Peacock. She was born and raised in San Antonio, TX and recently received her B.B.A in Management from the University of Texas at San Antonio. As the Marketing Assistant, Isabella runs the firm’s social media, helps plan events, and works to ensure they provide an unforgettable experience to everyone they work with. In her free time, Isabella enjoys traveling, golfing, and spending time with her family.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
Key Points
Top takeaways from this episode
- Start with the people you already know (and don’t be too picky about cases). It’s difficult to come out of law school and have the reputation and network needed to create a referral-based business. Michael Cowen suggests you get your foot in the door by being hungry, humble, and persistent. Take cases from those who are already in your network and expand your business from there.
- Give your referring attorneys what they want. It’s important to stay top of mind when you’re building a referral-based business. How do you do this? Michael says you need to give back to your referral partners. Take your referring attorneys to lunch or to an event that they might enjoy. You could also give them a call, send a handwritten thank you note, or give them a gift (without your firm’s name or logo on it). However you show gratitude, you have to do so with the other person in mind.
- Nurture your existing referrals. When trying to build a referral-based business, many firms make the mistake of moving on to new referrals without nurturing existing partnerships. But the key is to create longstanding relationships with attorney referrals. It’s much harder to convince someone new to send you the first case, and it’s more fruitful to put effort into the connections that are already sending business your way.
Episode Highlights
[02:40] The foundation of great attorney referral relationships: The key to establishing great referral relationships is nurturing your connections, setting expectations upfront, and making sure you stay top of mind.
[06:05] The three things a referring lawyer or co-counsel wants: Every referring lawyer or co-counsel wants as much money as possible, as quickly as possible, without client complaints. Michael Cowen breaks down the details of how to achieve this.
[07:27] How to keep a referring lawyer’s attention: Michael shares Cowen Rodriguez Peacock’s strategies for keeping a referring lawyer’s attention and making sure they choose you over competitors.
[09:07] Turning down a referral’s case: The number one step to respectfully turn down a referral’s case is to do it swiftly. It’s hard to say no, but it’s better than accepting a case that you’ll later regret. Michael also suggests directing a case to a different firm and offering a possible solution.
[12:00] What you can and can’t guarantee to a referring lawyer: You can’t guarantee the outcome of a case, but you can promise that you’ll work hard and keep the team informed about the details of a case.
[13:13] How a new attorney can build their referral network: Start with people you already know. From there, you can build out your network and run your business on referrals. Especially when starting out, you have to get your foot in the door — you can’t be too picky about cases until you build your reputation.
[18:30] Michael’s experience with referrals: Michael shares his advice for working with referring lawyers and developing your referral process. He also talks about the big mistakes he made early in his career and how you can avoid those same mistakes.
[25:32] Simplifying the referral process: The key to simplifying the process for referring attorneys is to remove the bottlenecks. If you’re busy, put them in contact with someone else on your team who can give them the time and attention they need. For Michael, getting clear on criteria for automatic ‘yeses’ and ‘nos’ can help simplify the process as well.
[26:51] Other methods to gain referrals: Michael explains how his seminar, Big Rig Boot Camp, and his podcast create a referral funnel and generate more business.
[30:43] What to do after you win the referral: It can be tempting to constantly look for new referrals, but Michael advises you to spend more time and effort on your existing referral relationships.
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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128 – Malorie Peacock – Mastering the Art of Case Valuation: Strategies and Insights for Successful Negotiations
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.
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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138 – Unlocking Success: Rick Friedman on Trying Cases, Self-Improvement, and Framing Moral Truth
Losing is what helps us develop as trial lawyers. If you quit too early after losing a case, you will never know the success you could have had.
On this episode of Trial Lawyer Nation, Michael Cowen speaks with renowned trial lawyer and highly influential author, Rick Friedman. Rick has won multiple nine-figure verdicts, including a verdict against Monsanto for $72 million. What is the secret to Rick’s success? Getting out of his own way.
Tune in to learn more about how to frame “moral truth” for the jury and how “uncomfortable facts” can become good facts by controlling the narrative.
Featured Guest
Name: Rick Friedman
About: Rick Friedman is a partner at Friedman | Rubin who built his reputation representing regular people and small businesses injured by large corporations and government entities. He has won large verdicts in difficult cases in the fields of personal injury, defamation, insurance bad faith, and business torts. His books are considered essential reading among trial lawyers and include: Rules of the Road, Polarizing the Case, Becoming a Trial Lawyer, The Elements of Trial, and The Way of the Trial Lawyer.
Company: Friedman | Rubin, PLLP | LinkedIn
Connect: LinkedIn
Episode Highlights
[02:47] How the journey to becoming a great trial lawyer began: Early on, Rick immersed himself in “trial stuff”. Whether it was a book on opening statements or reading about social science, Rick credits various books as having a big influence on his development as a lawyer.
[09:49] Get out of your own way: Rick learned a valuable lesson along the way—not every verdict is a referendum on your worth as a human being and your quality as a lawyer.
[17:04] The power of therapy: Rick and Michael discuss how therapy improved their trial skills.
[22:06] Battle of moral truths: In virtually every case, there’s a conflict going on between certain moral values. The way lawyers frame that moral conflict impacts how jurors view the issues and how they decide the issues.
[26:55] Flip the facts: Rick explains how almost every “bad” fact can become a good fact by controlling the narrative.
[30:20] Rules of the Road: Rick talks about his book, how he develops the ‘rules of the road’ in his own cases, and the importance of simplifying the case for jurors.
[40:59] Maximize your potential: You’ll always do better by just being yourself. Work with what you have, and don’t try to be the next somebody else.
[49:25] Continuous improvement: Lawyers are like messengers–delivering facts to the jury. Good messengers are those who do not promise anything they can’t deliver, are prepared, and are honest.
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.
