Trial lawyers can’t be afraid of failure. It is often by refusing default thinking and defying expectations that a trial lawyer gets the first big win that sets the tone for their career.
On this episode of Trial Lawyer Nation, Michael Cowen speaks with Maxey Scherr–a Texas trial lawyer, board certified in truck accident law–who recently started her own law firm and found immediate success with a $10.65M verdict against Swift Transportation.
Listen to Maxey explain how learning and preparation have been integral to some of her biggest wins, why it’s important for a trial lawyer to have a reputation for trying cases–and how in the end, getting a good result stems from seeing the case through the jury’s eyes and placing your trust in them.
Name: Maxey Scherr
About: Maxey Scherr is the founder of the Scherr Law Firm in El Paso, Texas. She has practiced for more than 14 years and has over 40 jury trials resulting in multi-figure verdicts, including a $10.65 million truck accident verdict in the firm’s first trial. Ms. Scherr is Board Certified by the NBTA in Truck Accident Law and is a member of various boards and organizations focused on trucking law. In addition to a law degree from Texas Tech, she earned a bachelor’s in Psychology from UMass-Boston and undertook postgraduate work in Neuroscience at Harvard.
Company: Scherr Law Firm
[3:54] Blazing new roads: Maxey has attended every ATAA Annual Symposium. She was one of the first woman attorneys to gain board certification in truck accident law and is continually studying and learning to improve her craft.
[8:46] Theater kid to trial lawyer: Maxey’s background in theater has played a role in her courtroom success by preparing her to confront an audience and face her fears using the methods of psychodrama.
[10:51] Setting a precedent: A trial lawyer’s reputation is based in part on having a reputation for trying cases. Settling low or quickly sets a standard for future cases, but so does willingness and commitment to trying cases. “If you’re going to accept the case, try it,” says Maxey.
[17:18] Starting strong: When starting Scherr Law Firm, Maxey brought over a former client who suffered a TBI in a truck accident and, after a $300,000 settlement offer, ended up securing the first eight figure verdict in El Paso since the 1990s.
[24:48] Never TMI about TBI: Brain injuries can be difficult to detect and argue to the defense. But with a background in neuroscience, Maxey stays up to date on the rapidly evolving neurological research field, using the latest findings to counteract the defense’s misrepresentations of these “invisible injuries.”
[37:05] Legal logistics: One of the proudest moments of Maxey’s career came from representing Mexican nationals in a truck accident case against FedEx and a U.S. government contractor that involved cross-border litigation challenges.
[49:45] Parenting, litigating, and trust: As a mother, Maxey has learned to let go and trust her son to choose his own path–a lesson that has translated to the courtroom and trusting the jury to make the right decision.
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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.