164 – Abbey Vela – Strategies for Building and Maintaining an Attorney Referral-Based Practice

It’s that time of year again. What do we want 2024 (and beyond) to look like and how are we going to make it happen? At Cowen | Rodriguez | Peacock, it all starts with goals.

But, as we’ve all learned by now, all goals are not created equal. How do you identify your goals? Are they long-term or short-term and how do they align with your existing circumstances? Are they specific or general? How do you measure your progress?

On this episode of Trial Lawyer Nation, Michael Cowen is joined by partner Natalie Arledge to discuss goal-setting for 2024 and share some of their goals, including making more money, drafting pattern jury charges, empowering their team to make decisions, and using more visual aids in depositions, hearings, and at trial.

Tune in to join the Trial Lawyer Nation team in setting big, achievable goals for 2024!

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: Natalie Arledge  

About: Natalie Arledge was born and raised in San Antonio, Texas. She graduated cum laude from Baylor University with a B.A. in Political Science and earned her J.D. from Baylor Law School. A partner and trial attorney at Cowen Rodriguez Peacock, Natalie focuses her practice on 18-wheeler and commercial vehicle cases involving death and catastrophic injury.   

Company: Cowen Rodriguez Peacock 

Connect: LinkedIn 

Episode Highlights 

[4:43] The importance of setting specific goals. A goal should be specific, not wishy-washy. Specific goals are measurable, allowing you to track your progress.

[8:10] Natalie’s goals for 2024. Natalie’s goals include analyzing FOIA documents and driver logs, drafting pattern jury instructions after initial client meetings, putting photos of clients in their case files, empowering her team to make decisions, and using more visual aids. 

[13:29] Michael’s goals for 2024. Michael’s goals include hiring someone to take over the administrative part of running the firm, trying at least two jury trials, getting back to running five days a week, and hiking a mountain over 14,000 feet.

[17:12] How to ensure goals get done. Using visual reminders, enlisting support to stay accountable, and tracking goals on the calendar.  

[21:40] Presentation Zen. Michael recommends a book titled, Presentation Zen, about presentation design and delivery. 

[22:09] The idea of traction and hiring an integrator. The book, Traction, introduces the idea of traction, where a business has a visionary who comes up with ideas and an integrator then makes those ideas come to pass and runs the business. Michael wants to hire an integrator.

[26:45] Using coaches to achieve goals. Michael has many coaches in his life, including a fitness coach, eating coach, running coach, and business coach.

[27:35] Share your goals with Michael. Michael invites listeners to share their goals and offers to give advice to anyone who emails him at michael@CowenLaw.com. 

[27:52] Michael Cowen’s book. Big Rig Justice: A Comprehensive Guide to Maximizing Value in Truck Accident Cases, is available at Trial Guides. 

[28:11] Cowen’s Big Rig Bootcamp. Michael’s seminar will take place in San Antonio, Texas on July 12th. Sign up at BigRigBootcamp.com.

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.

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

☑️ 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.

Getting credible testimony from treating doctors can make or break your case. In this episode, Michael and Malorie are sharing their strategies to get powerful testimony from treating doctors, work through common challenges, and help build your case.

While the personal knowledge of the treating physician establishes significantly more credibility than a hired expert, it’s imperative the doctor communicates well and speaks in a way the jury can understand — without all of the medical jargon.

Remember: treating doctors aren’t professional testifiers. The lawyer needs to ensure that the treating doctor is prepared to give efficient, compelling testimony. You’re the guide who’s questions will lead the doctor along the trail of your strategy, and avoid getting stuck in the weeds of mundane details. 

Malorie’s strategies to guide the story include magic words and visuals. Magic words or questions ensure you get what you need from the witness and end up with valuable testimony. Visuals (like diagrams, animations, or demonstrations) can help the jury visualize the story — as long as your visuals are relevant to your trial strategy. To wrap everything up, Malorie suggests you leave the jury with the major takeaway from your witness…just make sure it connects to the next part of your case.

Tune in to episode 115 as Michael and Malorie discuss strategies and best practices for working with treating doctors, the do’s and don’ts of getting valuable testimony, preparing the witness, and utilizing their testimony to build a compelling story for the jury.

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  

Key Points

Top takeaways from this episode 

• Testimony from treating doctors can be crucial for a win. A treating doctor can testify from a place of personal knowledge, showing the jury what happened from a medical perspective. They have more credibility than someone you might hire, and because of their longer history with the client, they’re harder to cross-examine.
• Bringing in treating doctors has its share of challenges. Although treating doctors can be critical for a case, there are often challenges when bringing them in to testify. Doctors speak their own language; they often use medical jargon that the average person won’t understand. So, if you want to work through these challenges, you need to make sure your treating doctor is using colloquial language and is a great communicator.
• You should think about your case from a storytelling perspective. It can be easy for a treating doctor to get into every detail of the medical procedure, condition, or patient visit. As a lawyer, you want to guide the treating doctor and make sure they stay on track, only sharing details that are relevant to your case strategy. Be careful not to be leading or argumentative, but build your story with key components and questions that make the testimony understandable.

Episode Highlights 

[01:59] Events for attorneys: Michael Cowen talks about upcoming events for lawyers put on by top organizations including the Academy of Truck Accident Attorneys and Trial Lawyers University. 

[03:07] Getting testimony from treating doctors: Apart from making sure you have a clear appellate record, your doctor’s testimony is a critical component of the story you’re telling to the jury. However, there are some challenges with getting treating doctors to give coherent, clear testimony.

[09:19] Should witnesses be live or on video? Malorie Peacock explains the benefits of having a live witness compared to someone on video. She also shares why a live witness can be a bigger risk. 

[10:59] Compelling treating doctor direct examinations: Malorie talks about how lawyers can introduce witnesses in an efficient way — and why it’s important to build trust with the doctors so their testimonial is straight to the point. 

[16:12] Dealing with questioning: Malorie and Michael discuss how to deal with accusatory questions that frame the witness as being in some sort of collusion with the lawyer. 

[19:38] Magic words and questions: You don’t have to use magic words or phrases in trial, however, Malorie shares how they could help you and why it never hurts to use them. 

[24:37] Showing a doctor’s work without going overboard: You want to prove a doctor’s credibility and show their work. But you don’t want to go overboard and have them share the entire chart. Malorie and Michael share their strategies for finding the middle ground while presenting the necessary information. 

[29:23] Degeneration — the dreaded word: Lawyers, especially those in Texas, don’t have to run away from the concept of degeneration. A preexisting condition is something that the jury can accept and move forward from; just because someone had a broken arm before doesn’t mean they can’t break their other arm. 

[33:11] Using visuals with treating doctors: Malorie and Michael share their tips for using visuals in cases. They explain that visuals are crucial in clarifying a doctor’s point and helping the jury visually connect to the story — but you don’t want to use visuals that aren’t relevant to your trial strategy. 

[42:14] The end of a doctor’s testimony: To wrap everything up, you should ask your magic word questions and leave the jury with a takeaway that connects to the next part of your case (which will often be non-economic damages).   

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.