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153 – Sach Oliver – Depositions Are Trial

The road to success is paved with failure, but if a trial lawyer can learn from those failures, they will ultimately become a more effective advocate.

In this episode of Trial Lawyer Nation, host Michael Cowen sits down with trial lawyer Sach Oliver of Oliver Law Firm to discuss how lawyers can continually hone their skills by learning from their own failures, learning from other attorneys, and treating depositions as trial.

Sach also discusses his forthcoming book, Depositions are Trial, which will be released June 24, 2024 (Pre-orders May 1, 2024) and includes philosophies, strategies, methods, and techniques for pursuing the truth and zealously advocating for clients.

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: Sach Oliver

About: Sach Oliver is an experienced trial attorney and CEO of Oliver Law Firm in Rogers, Arkansas.

Sach was raised in Viola, Arkansas, and attended Arkansas State University in Jonesboro, where he was a roper on the school’s rodeo team. After graduating from college, Sach attended the University of Arkansas School of Law, where he won “Best Oral Advocate” at the American College of Trial Lawyers’ National Trial Competition.

As a trial attorney, Sach has obtained numerous large verdicts for his clients in personal injury cases involving everything from 18-wheelers to environmental accidents. The Arkansas Trial Lawyers Association selected him as an Outstanding Trial Lawyer in 2015, and Sach was voted president of the Arkansas Trial Lawyers Association for the 2022 – 2023 term. He currently sits on the board of regents for the Academy of Truck Accident Attorneys. He is one of only two board certified members of the ATAA in Arkansas.

Sach Oliver’s book, Depositions are Trial, will be released June 24, 2024, and will accept pre-orders beginning May 1, 2024. For more information about his upcoming book, visit depositionsaretrial.com

Company: Oliver Law Firm

Connect: LinkedIn

Episode Highlights 

[03:07]  Learning from Failure and Staying Humble: Experience is the best way to get better as a trial lawyer, and with experience comes failure. Learning from failure, staying humble, and always searching for the truth have allowed Sach to become successful as he zealously advocates for his clients.

[06:15] “Prepare to Confidence”: Confident attorneys are more effective, and confidence comes from being well-prepared. The more an attorney prepares for trial, the more confident they will be the in the courtroom, and the more confident they are in the courtroom, the more they are able to effectively represent their client.

[07:48] The 2×4 Timeline: Being creative with visual aids at trial will get the jury more engaged and more knowledgeable about the facts. Sach describes how he uses a 2×4 and wooden dowels to establish a timeline in his case in a way that is easily digestible for the jury.

[14:47] Learning from Others: One way to improve as a trial attorney is to learn from others in the field, whether it is another attorney or an outside consultant such as Phillip Miller. Watching more experienced attorneys work and discussing cases with colleagues will allow you to grow as a trial attorney so you can represent your clients more effectively.

[22:33] Depositions are Trial: Sach discusses his upcoming book, Depositions are Trial, and how his first jury trial helped him develop a philosophy that he continues to use to this day.

[24:32] Winning the Unwinnable and Losing the Unloseable: Sometimes small details such as an attorney’s talking speed can be the difference between winning an unwinnable case and losing an unloseable case.

[26:07] The Cowboy Way: Being patient, never giving up, and applying time-tested techniques allow a trial attorney to pull information from difficult witnesses and establish clear timelines that can be used to persuade a jury.

[34:37] A New Way of Thinking: Treat every deposition as if it were a trial. By using trial strategies such as visual aids, an attorney taking a deposition can become more prepared for trial and determine the best way to present evidence to a jury.

[36:54] Visual Culture, Five Senses, and Positive Repetition: Address the visual culture of a case through dynamic visual aids. For jurors who might not be visual learners, describe situations in such a way that all five of a juror’s senses are engaged. Bring home a point by using positive repetition, which means presenting the same or similar arguments in different ways to ensure all jurors are engaged.

[47:14] Preparing for a Truce: Diligently prepare for trial, but also be forthright with the insurance company. By allowing the opportunity for an insurance company to fairly compensate your client through a pretrial settlement, a trial attorney can get justice for their client without the need of a grueling trial.

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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.

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