Trial is not a law school exam. Just because you can technically put in evidence of certain elements of damages, doesn’t mean it’s in the client’s best interest to do so. It’s up to you–after having the conversation with your client, of course–to make strategic choices on damages. Afterall, the goal is to maximize chances of getting the best possible verdict for your client.
On this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock continue their discussion on how they overcame the odds to win $17.5M in damages for their client in a case against a forklift manufacturer. In this part two of the series, Michael and Malorie share insight on how they told the client’s damages story. Tune in to learn why they presented the client as a strong superhero, how they found a different story for each of the damages witnesses to tell, why you should use the KING flipchart, and the persuasiveness of the “want ad” technique when asking for compensation.
To learn more about how Michael and Malorie established liability in the case, listen to part one.
Don’t miss out! Michael’s book, Big Rig Justice: A Comprehensive Guide to Maximizing Value in Truck Accident Cases is now available!
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
[03:30] Catastrophic damages: Malorie explains that the client’s foot was crushed between the forklift and a racking system in a warehouse. The crush to the foot ultimately resulted in a below-knee amputation of the client’s leg. The decision was made to amputate below the knee, as opposed to at the ankle, due to the greater prosthetic options.
[06:41] Splitting 50-50: Michael and Malorie split the entire trial 50-50 and that began with jury selection. Michael explains that it was critical to have Malorie handle the damages part from the very beginning, including jury selection, since she was going to be asking the jury for money in closing and needed to begin to develop the relationship with the jury.
[09:47] Presenting damages in opening: On the damages portion of opening, Malorie took a more “factual” approach. Strategically, they wanted to sell the jury on liability before they pressed too hard on damages.
[11:45] Making choices on damages: Michael and Malorie didn’t ask for past medical bills or lost wages. This was a strategic decision to anchor the jury to higher numbers, which ultimately worked in their favor. Before giving up an element of damages, though, it’s important to have the conversation with your client.
[18:39] Don’t bore the jury: Malorie shares her approach for getting a different story from each of the damages witnesses.
[20:01] Use the KING flipchart: During trial, Malorie wrote down really great phrases and words from the witnesses that she was able to use for two purposes: to keep the jury interested and to repeat in closing.
[24:24] Client’s social media videos were a goldmine: The client had posted videos of himself on TikTok–such as trying out his new leg and trying to exercise at the gym–which turned out to be very powerful videos that Michael and Malorie used on direct with witnesses.
[30:00] Saying no: Saying no to some witnesses who wanted to testify was one strategic decision that was key to getting the verdict.
[33:41] The “want ad”: Malorie shares how they came up with a way to ask for the amount of money that would be enough to compensate the client for his loss, but would also be tied to the evidence, make sense, and be persuasive.
[39:17] At the end: Malorie shares that she had a fleeting moment of disappointment because the client didn’t get $38M, an amount she believed the client deserved. However, the client still got an eight-figure verdict, which was still a great result for him, will help him get the medical care he needs, and help compensate him for the loss that he suffered.
Connect with Trial Lawyer Nation
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☑️ 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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130 – Malorie Peacock – Keeping Calm Amidst the Chaos: How to Handle Difficult Clients
If you practice law long enough, you are bound to come across a difficult client. On this episode of Trial Lawyer Nation, Michael and Malorie tackle setting expectations for communication, documenting actions taken in each case, and laying the groundwork early for client satisfaction.
The episode also explores the challenges of identifying the source of clients’ demands and concerns, and reminds listeners that it is ultimately the client’s case and that they have the final say.
Additionally, Michael and Malorie discuss the essentials to a successful law practice such as: the importance of keeping promises and the significance of clients who are willing to trust their lawyer’s advice.
Finally, Cowen’s Big Rig Boot Camp CLE Trucking Seminar is discussed, where interested parties can register to learn about topics such as maximizing value in trucking cases, proving corporate negligence in company vehicle cases, and more! Visit Cowen’s Big Rig Boot Camp to register.
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
[04:31] Trial guide book and Boot Camp announcement: Michael shares his upcoming trial guides book, his mini-method, opening statements guide, & key resources, all available at the Big Rig Boot Camp.
[06:54] Into the mind of a difficult client: Understanding the reasons behind their clients’ challenges with empathy will enable lawyers to better navigate their clients’ needs during their toughest times.
[08:28] Navigating demands and emotional challenges of both yourself and your clients: Approach difficult conversations with patience, and focus on getting in the right headspace to listen and to care.
[11:22] Effective client communication is key to retention: Set clear communication expectations, such as frequency and preferred method of communication, to ensure client satisfaction.
[19:21] Case management programs: Highlighting the benefits of using case management programs to document conversations, provide records, and clarify who spoke with the client.
[22:17] Boundaries and Expectations: It is important to tell clients how and when their lawyer is accessible, and their lawyer’s preferred work style, such as whether they can expect their lawyer to answer an unscheduled phone call from them.
[25:34] Client decision-making in legal cases: Discussing instances where clients demand extreme settlement amounts or engage in negotiation strategies that may hinder the possibility of reaching a favorable resolution.
[33:30] Surviving toxic clients: Is the juice worth the squeeze? Michael and Malorie discuss the importance of identifying when a client is not the right fit, and taking appropriate measures to address such situations.
[40:53] Keeping clients happy: Sharing insights regarding instances where clients may prioritize closure, healing, and emotional well-being over maximizing financial outcomes, and strategies lawyers can use to build trust with 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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123 – Tom Kherkher – How Lawyers Can Make It Big on Social Media
Before opening his own firm after graduating from law school in 2018, Tom Kherkher didn’t have Facebook or Instagram. “I was the guy everybody made fun of because I didn’t have social media,” he remembers.
Flash forward four years and Tom — or AttorneyTom, as he’s known online — is one of the most recognizable lawyers on the internet. He’s accumulated 500 million minutes of watch time on Facebook and 270 million views on YouTube. And as one of the first attorneys to take advantage of TikTok, he’s been able to funnel viewers toward his other content, which has generated cases for his firm.
But social media, in his opinion, isn’t always all it’s cracked up to be. It takes a lot of time and dedication to gain an audience, and even with one as big as Tom’s, social media isn’t generating hundreds of new referrals.
“I would be really skeptical of anybody who is directly making money off of you, if they’re selling you this social media product,” he says. “I do think it is going to get only better as younger people get in the workplace and are the ones who need lawyers, but slow and steady wins the race.”
So how do you gain a big social media following and keep them engaged? Which platforms generate the most success, and how can we get the most out of those platforms? Tune into this episode of Trial Lawyer Nation as Tom and host Michael Cowen talk through these topics — and reveal some social media secrets.
Featured Guest
Name: Tom Kherkher
About: Tom Kherkher is the founding attorney of The Kherkher Law Firm and an associate attorney of Kherkher Garcia. He is doing what he loves every day – fighting against injustice.
After graduating from law school and passing the Texas bar, Tom immediately founded his own law firm in Houston, Texas to fight for people and bring them justice. At The Kherkher Law Firm, Tom and his staff work tirelessly and passionately to recover damages for individuals who have suffered from the negligence of others. Tom Kherkher is licensed to practice law in the U.S. Southern District of Texas and all courts of the State of Texas and Louisiana.
Company: The Kherkher Law Firm, PLLC and Kherkher Garcia, LLP
Connect: LinkedIn | Twitter | YouTube | TikTok | Facebook | Instagram
Episode Highlights
[01:16] The YouTube lawyer: Meet Tom Kherkher, one of the top attorneys in the social media game. As one of the most-watched lawyers online, Tom has attracted clients to his firm, but it’s not as easy as some people claim.
[03:26] Straight outta law school: Before he even passed the bar exam, Tom had signed a lease on an office to start his own practice. He discusses why he took that risk and how he built his successful firm from scratch with the help of social media.
[08:27] Finding the sweet spot: How did Tom create a successful social media brand with millions of views? “Trial and error,” he says — and a surprising discovery about the value of longer-form YouTube content over TikTok.
[15:08] ‘Edu-tainment’ focused: Want a loyal social media following? Stop focusing on promoting yourself and don’t expect anything in return from your followers, Tom explains.
[19:33] What the algorithm wants: “At the end of the day, Facebook and YouTube — all they care about is making money,” Tom says. He reveals secrets to taking advantage of that business model and getting your videos recommended.
[25:12] Quantity vs. quality: Millions of views are great — but those rarely convert to cases or a loyal following. To find success, you need a healthy balance of both short-form and long-form content, says Tom.
[30:59] The beauty of social: Which is better — pay-to-play social media or organic social media growth? Both can be effective, and both will cost you money or time to get a worthwhile return.
[36:33] One hour a week is not enough: Organic growth that makes you money can be achieved — but you have to put in the work, and hiring people doesn’t work as a shortcut, Tom explains.
[40:56] Learn from influencers, not other lawyers: Tom explains what lawyers can learn about mindset by paying attention to young social media influencers like Mr. Beast.
[44:29] Breaking the fourth wall: This podcast follows a similar mindset as Tom’s on social media: it’s helped us build trust and get cases, but it’s taken a while to get there.
[48:48] ‘Not all it’s cracked up to be’: Tom signs off with a message to listeners: be skeptical of people who say they’re gaining hundreds of cases and making millions from social media.
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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129 – Peter Anderson – Powerful Persuasion: Unveiling Peter Anderson’s Trial Strategies and Energy Secrets
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
☑️ 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.
