Trying cases is an evolving process. And if you’ve been doing the same thing for 25 years, you’ve probably been doing something wrong for the past 24 years. From shorter jury attention spans, to Zooming in experts, to condensing information, and incorporating more visuals, courtroom trial techniques and jury expectations have changed significantly following COVID.
On this episode of Trial Lawyer Nation, host Michael Cowen speaks with Ed Ciarimboli, a trial lawyer out of Pennsylvania who’s tried close to 100 cases since the beginning of his career.
Tune in to hear Ed share how his approach to trials has changed in the post-COVID world and get his tips on how to adapt your trial strategies to “move the needle toward victory.” And how can you overcome the fear of losing cases? Get comfortable with yourself and realize that there are things that you can control and things you can not.
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: Ed Ciarimboli
Ed Ciarimboli is a founding partner in the Eastern Pennsylvania law firm of Fellerman & Ciarimboli Law P.C. Ed concentrates his practice on trucking and auto collision and medical malpractice litigation. He is Board Certified by the Academy of Truck Accident Attorneys and Board Certified in Truck Accident Law by the National Board of Trial Advocacy. Ed has been selected for inclusion in the Pennsylvania Super Lawyers® list every year since 2008.
Ed graduated from Wilkes University with a dual degree in political science and engineering and applied science. He earned his J.D. from Duquesne University School of Law. After graduating from law school, Ed served as a law clerk to the Luzerne County Court of Common Pleas and the U.S. District Court for the Middle District of Pennsylvania.
Company: Fellerman & Ciarimboli Law P.C.
Connect: LinkedIn
Episode Highlights
[08:36] Learning and evolving: Ed views trying cases as an art where you’re always pushing the envelope and trying new things, some of which will work and some will not. He says that if you’re always doing things the same way, “you’re not learning and evolving.”
[10:31] Getting over fear: Throughout the course of his practice, Ed has learned that a big part of getting over the fear of losing cases or not doing well at trial is accepting that there are things that are in your control and things that are not.
[12:41] Don’t talk to jurors afterwards: Ed follows the advice once given to him by a judge, which is to never talk to jurors after a case regardless of the outcome.
[16:51] Take care of yourself first: Ed’s advice on dealing with stress is to take care of yourself first, both mentally and physically.
[19:34] Using visual summaries: One of the things Ed learned while trying cases during COVID was to condense large volumes of information into visual summaries so that the jury can get all the information they need to make a decision, and to do it quickly, and in a way that leaves an impression.
[29:44] Zooming into the courtroom: Pre-COVID, Ed rarely used Zoom. Now Zoom is commonplace and jurors expect it, especially with expert witnesses.
[31:12] Move quickly but not in a hurry: Post-Covid, juror attention spans and trials have gotten shorter. Give the jury the information they need to make a favorable decision and don’t waste their time.
[39:32] Jury selection and masks: Jurors who wear masks can be polarizing and impact the group dynamic of a jury. Both Michael and Ed don’t select jurors who wear a mask.
[41:00] Sharing resources: Ed graciously shares a PowerPoint presentation that he’s done on visual aids. You can download the presentation here.
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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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127 – Lee Hunt – The $66.6 Million Verdict: How Trust and Empathy Shaped the Outcome
When asked how he won a $66.6 million dollar verdict, Lee Hunt attributes much of the victory to the intelligence of the jury — and his ability to forge real, human relationships with his clients.
On this episode of Trial Lawyer Nation, host Michael Cowen talks about trial law with the founder of Hunt Law in Santa Fe, New Mexico. The two discuss Lee’s latest big victory, covering everything from his client’s injuries, liability, and the trust he placed in his jury. They also discuss Lee’s background and his passion for trial work.
“I try very hard never to go, at the very least, more than a year without significant trials,” said Lee. “It is absolutely terrifying, trying a case where you know your client’s future life is at stake. It’s terrifying. But as long as you’re in the mode of it and haven’t been that far removed from it, it’s a fear you know how to deal with.”
For Lee, the trial process is personal. Not only does he dedicate time and energy into every case, he also puts the same effort into knowing his clients on a personal level. He believes clients and lawyers should trust one another, and he credits that trust for much of his success over the course of his lengthy career.
Featured Guest
Name: Lee Hunt
About: Lee Hunt is the founder and lead attorney at Hunt Law. He graduated from the University of Kentucky School of Law, where he received the Order of Coif award. For the past 20 years, Lee has proven himself time and again with a winning track of successful jury awards for injury victims.
Almost above anything else, Lee stresses the value of the relationship between attorney and client. He believes that by the end of a case, the client and lawyer should trust each other, know each other, and genuinely care about each other. Lee wants to know his clients on a personal level and not just as another case number.
His reputation precedes him as a compassionate, caring lawyer, who offers his clients more than just top-notch legal council. He vows to stand with his clients every step of the way and won’t give up until he sees their trial through to the end.
Company: Hunt Law
Connect: LinkedIn
Episode Highlights
[02:06] An intro: Lee tells Michael and listeners some background on the big case he won in New Mexico, which involved a movie set, a production company, a moving crane, and a man pressured into making a life-altering decision.
[07:57] Negligence costs money: Lee discusses how the production team ignored warnings from local New Mexicans about the safest way for his client to move a crane up a mountain.
[12:26] Relatability: One of his strategies with the jury was to make the case relatable for any blue collar worker who has been put in tough situations rather than focusing on the case’s specific location on a movie set.
[14:57] The jury: Lee describes the process of selecting the jury pool and the focus groups that were involved.
[17:36] Comparative fault: From the jump, Lee wanted to really own his client’s culpability in the case, which ultimately played out in their favor. His client was found only 19% at fault.
[22:15] Damages: Lee breaks down how he came up with the different damage costs.
[28:16] Trust the process: Whether to give the jury an exact number in payouts or leave it up to them ultimately comes down to each individual case.
[33:26] Personalization: Lee really puts the time and effort into getting to know his clients, as well as their families. He spent time with his client’s family in California leading up to the case and discussed their worries and concerns.
[37:50] Zoom vs IRL: Lee discusses how New Mexico’s COVID protocols impact trials and how witnesses are perceived by the jury via Zoom versus in person.
[46:53] In his nature: Having grown up an athlete and continuing to be an avid runner, Lee attributes some of his trial success to his natural competitiveness and ability to go the distance.
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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143 – Malorie Peacock – Employees Can’t Read Minds: Michael and Malorie on Law Firm Training
Lawyers constantly receive training in the form of CLE. However, training staff members in the day-to-day running of a law office is no less important to a successful practice. Nobody comes into a law firm knowing everything. Ongoing reminders and documented procedures are needed for employees to learn new things, retain information, and correct mistakes.
On this episode of Trial Lawyer Nation, host Michael Cowen speaks with his fellow partner and trial attorney Malorie Peacock about how, why, and when to train employees at every level of the firm, from clerks and receptionists to paralegals and litigators.
Tune in to hear Michael and Malorie discuss their approach to training at Cowen Rodriguez Peacock and lessons they’ve learned through years of training “trial and error”. Every office trains differently, but as they point out, there are some starting points and areas of emphasis that can help every firm implement a training program that is mission-focused and effective.
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
[02:57] Employees aren’t psychic: People can’t read your mind, and memory is fallible. Tell them how you want things done in a clear manner that they can remember.
[05:57] Starting point: It can be overwhelming to figure out training priorities. Start with where training is needed the most.
[09:02] Different procedures for different team members: Everybody–from the receptionist to partner level attorneys–needs training, but it should be tailored to the audience.
[11:30] The human touch: Even when it’s written down or recorded, training should be presented in-person to maximize effectiveness.
[15:13] Train. Retrain. Repeat: Training isn’t a one-off. Retraining helps lessons stick and allows errors to be diagnosed and corrected.
[16:51] Identifying training topics: When mistakes or something new happens, training is typically required. It’s also important to ask people, at every level, what they would like to be trained on.
[22:58] Quality control: While trial lawyers are often comfortable giving training to their coworkers, it’s not necessarily a strength of everyone in the office. There needs to be quality control to ensure training has the desired outcome.
[26:29] Train early and often: Training should take place regularly, as soon as a firm has staff members. Waiting too long to start can make bad habits harder to break.
[27:50] Outside resources: Sometimes, the trainers need training. Outside consultants and resources can provide valuable insights to internal team members. Don’t assume you know everything about everything.
[30:15] Lesson learned?: To get the most out of training, implement a system that can assess whether the lesson imparted is the lesson received so corrections can be made.
[32:19] Radical candor: Be direct and truthful with people while maintaining respect and compassion for them.
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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124 – Malorie Peacock – Why Focus Groups Matter and How To Make the Most of Them
Focus groups can be a pertinent tool for complicated cases to get a sense of how ordinary people think about a case.
Malorie J. Peacock, Partner at Cowen Rodriguez Peacock, uses focus groups to gain an outside perspective on her cases.
“Sometimes you get so wrapped up in the minutiae of your case or some technical details, or you’ve learned the case so well that you think it’s obvious to everybody else,” she explains. “Having that outside perspective is a way to get feedback to make sure you’re not just buying your own bullshit.”
Host Michael Cowen joins in on the discussion with Malorie who recently returned from hosting a focus group for one of her upcoming cases. They share what they’ve learned about focus groups, why you should consider using them in your own cases, how to facilitate them, what you gain from them, and most importantly, how to learn from them to inform your cases.
The episode provides examples of how to use both concept and adversarial focus groups to achieve your objectives, sharing real-life case studies that both Michael and Malorie have seen play out first-hand.
Featured Guest
Name: Malorie J. Peacock
About: Malorie J. Peacock is Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas, and received her JD 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.
Firm: Cowen Rodriguez Peacock
Connect: LinkedIn
Episode Highlights
[02:18] Focus groups, defined: Malorie explains that a focus group is simply a group of people who are not associated with your case that allow you to test your strategy and get feedback.
[05:29] Different ways to test: There are many different ways to employ focus groups to add value to your case. Malorie advises the most important thing is knowing the purpose of the focus group.
[09:38] Bringing out your competitive nature: Michael talks about how adversarial focus groups can help lawyers rehearse for their cases ahead of time while channeling their competitive sides.
[13:41] Focus groups are not predictive of the numbers: Malorie reviews all the different variables that can change between a focus group and a court case that affect the numbers in the final outcome.
[15:21] Expect the unexpected: Michael speaks to how certain rulings from judges or specific facts being presented can have a big impact on how a case proceeds.
[21:18] Emotional attachments can get in the way: Michael points out that if you’re feeling emotional about a case and can’t run the focus group from a neutral perspective it might be better to hire a third party facilitator.
[24:35] How to find people to participate: Several different channels can be used to recruit people for focus groups.
[25:32] The right way to use Facebook ads: Michael provides an overview on how to properly use Facebook ads to recruit participants while maintaining neutrality in the process.
[35:10] To record or not to record?: Michael and Malorie debate how they prefer to record and document focus groups along with the benefits of each method.
[45:48] Choosing the right people to present: Malorie advises on how to balance the skills and likeability of two people if you’re holding an adversarial focus group to get good information.
[53:41] Big Rig Boot Camp: Michael reminds listeners that registration is open for the Big Rig Boot Camp on June 16th in San Antonio, TX.
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.
