“I think it’s more than just the pinky,” Teana Overton says of her client’s injury from a trip-and-fall. In fact, the pinky bone shattered, requiring surgery and limiting the client’s way of life.
Teana and Drew Gilliland join host Michael Cowen to discuss how they won $1.8 million for the plaintiff. Their behind-the-scenes description of the case highlights how they developed a strong relationship with the client and how they welcomed witness testimony that made her relatable to the jury. They also recall a “scary” moment when the defense motioned for a mistrial. Tune in to learn the twists and turns of the story.
Featured Guests
Name: Teana Overton
About: Teana is a first-generation college graduate and, more recently, a first-generation law school graduate. An associate at the Nick Schnyder Law Firm, she is a hardworking advocate for clients in underserved and underrepresented communities.
Company: Nick Schnyder Law Firm
Connect: LinkedIn
Name: Drew Gilliland
About: A senior trial attorney at the Nick Schnyder Law Firm, Drew represents people who have been injured by another’s negligence. He has recovered millions of dollars for his clients since he became a personal injury attorney and is frequently asked to co-counsel on cases with other attorneys.
Company: Nick Schnyder Law Firm
Connect: LinkedIn
Episode Highlights
[03:29] Nine Years: The case started in 2015, when Drew and Teana’s client tripped and fell on uneven pavement outside a QuikTrip.
[08:26] Hidden Hazard: The sidewalk’s elevation change was just .44 of an inch, but Georgia code requires that an elevation change of more than a quarter of an inch be beveled.
[12:20] “Grandmother Vibe”: Teana spent time getting to know their client. “I just wanted to know who she was.”
[22:07] Developing Skills: Drew recalls watching “every single trial” that he could and reading all the guide books.
[23:44] Male-Female Trial Team: How Drew and Teana make their differences work to their advantage at trial.
[33:03] Joyful Stories: Why Teana chose witnesses who told stories about their “joyous” client, before the accident.
[41:34] Video Glitches: There were 16 cameras, but only the footage showing the client’s fall was corrupted.
[44:46] Move for Mistrial: When the jury wrote damages with a “K” and liability with “100%,” the defense moved for a mistrial based on “inconsistent verdict.” “That was a scary moment,” Drew recalls.
Connect with Trial Lawyer Nation
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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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148 – Gyi Tsakalakis – How to Promote Your Law Firm With Digital Legal Marketing Expert Gyi Tsakalakis
Marketing a law practice is different from other types of businesses, due to things such as unique ethical considerations and the referral aspect.
On this episode of Trial Lawyer Nation, Michael Cowen is joined by Gyi Tsakalakis, President and Co-Founder of AttorneySync, a digital legal marketing agency. A former trial lawyer from Southeast Michigan, Gyi is also the co-host of the Lunch Hour Legal Marketing podcast.
Tune in to hear Gyi’s practical tips on how you can more effectively market and promote your law firm, both online and through more traditional channels, including if you’re working with a limited budget. Gyi also covers the importance of building relationships in the local community, how to ask for reviews, and how to gain a competitive edge.
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: Gyi Tsakalakis
About: Gyi Tsakalakis is a lawyer, entrepreneur, and co-founder of AttorneySync, as well as the co-host, along with Conrad Saam, of the Lunch Hour Legal Marketing podcast.
Company: AttorneySync
Connect: LinkedIn
Episode Highlights
[2:26] Marketing for legal services vs. other businesses. There are unique considerations to marketing a law practice, such as ethical considerations, among others.
[5:33] Promoting your law firm on a budget. Lawyers should look for ways to cross promote in their community, including building relationships with local business leaders and organizations, sponsoring events, and getting involved in educational programs.
[12:09] The importance of demonstrating subject matter expertise. Testimonials, business profiles, and endorsements from other lawyers can validate your expertise.
[29:49] Online reviews for a referral-based practice. When other firms refer clients to you, they will check your reviews. Gyi suggests what lawyers can do if they receive a negative review.
[39:01] Building relationships. When you’re just starting out, you have more time than money. So use that time to build relationships, talk to people, and focus on providing great service.
[49:47] Lunch Hour Legal Marketing podcast. Gyi and co-host Conrad Saam have a podcast that is available on the Legal Talk Network, Apple Podcasts, Spotify, YouTube, and Google Podcasts.
[51:39] Annual trucking seminar. Registration is open for Michael Cowen’s Big Rig Boot Camp taking place on July 12, 2024.
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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114 – Brandon Thompson – Winning Medical Malpractice Cases
Anuj Thapa wanted the American dream. A college student from Nepal who came to the United States to pursue mechanical engineering, Anuj had big dreams of getting his degree and becoming the breadwinner for his family members at home in Nepal.
But his aspirations were destroyed by a leg injury that led to a painful condition called compartment syndrome. Due to the neglect of his doctors, the damage that Anuj suffered after his surgery left him disabled.
Luckily for Anuj, he got one of the most esteemed medical malpractice lawyers in the country to try his case, Ciresi Conlin’s Brandon E. Thompson. With 17 years of experience in the medical malpractice law arena, he was able to win Anuj $111 million in damages. The defense’s argument? They claimed that Anuj — a 19-year-old in the U.S. on a student visa — was lying about when and where he developed compartment syndrome.
“That was a gift to us that they framed the case that way because it allowed us, throughout the case, to paint this as a credibility contest,” Brandon said. “Find me another case where you’ve got somebody who truly has had their American dream torn away from them in the way that his was.”
For Brandon, presenting cases to the jury with empathy is the key to success — and he’s had a lot of it. Tune in to this episode of Trial Lawyer Nation as host Michael Cowen talks with Brandon about all things medical malpractice: from the weaknesses of liability arguments to the secrets of getting a jury on your side.
Featured Guest
Name: Brandon E. Thompson
About: Brandon Thompson’s entire legal career has been dedicated to representing individuals and families who have suffered from the negligence of medical professionals. There is no greater professional honor for Brandon than being asked to help people when they are facing the darkest times of their lives.
Brandon is one of the foremost trial lawyers of his generation. He has won numerous multi-million jury trials — including some of the largest-ever jury verdicts in the State of Minnesota for clients harmed by serious medical malpractice — and has negotiated many millions of dollars of settlements for his clients. He is a member of a number of elite national and international trial organizations, and in 2018 was invited to be the youngest-ever Fellow of the International Academy of Trial Lawyers, the most prestigious organization of trial lawyers in the world.
Brandon’s work ethic and compassion were a product of his blue-collar upbringing; his grandfather was a mechanic, his dad was an electrician at the Ford plant, and he was the first person in his family to go to college. The father of three children, including a young daughter with extraordinary medical needs, he empathizes with his clients in a way few lawyers truly can.
Company: Ciresi Conlin, LLP
Connect: Email
Key Points
Top takeaways from this episode
- Look beyond liability. When choosing which cases to defend, one of the biggest mistakes lawyers can make is choosing a claim based on liability claims alone. Liability is not always as strong as it seems, so the first criterion should always be the seriousness of the injury or damages.
- Differentiate your case. One of the best things medical malpractice lawyers can do to win over a jury is to differentiate their case and show how it is an outlier.
- Avoid credibility arguments. In the case Brandon won for Nepali student Anuj Thapa, the hospital’s biggest mistake was using credibility as their primary defense. In this case, it was deeply improbable that someone like Anuj, who risked everything to pursue his “American dream,” would lie about his injury.
Episode Highlights
[01:43] Meet the expert: Brandon E. Thompson talks about how he went from insurance defense at a corporate firm — a job he hated — to one of the country’s foremost personal injury lawyers.
[04:42] Humble beginnings: Brandon’s upbringing in a blue-collar family influenced his decision to help people through law.
[06:06] Right place, right time: When Brandon decided it was time for a job change, he was given an opportunity that would shape the rest of his career: a job with one of the nation’s best medical malpractice lawyers.
[10:59] Picking the right cases: In a field that has no shortage of potential cases, how do medical malpractice lawyers choose which ones are worth defending?
[15:17] The chance for success: When so much of a case’s success rests on the jury — and luck — here’s what medical malpractice lawyers can do to boost their chances of victory.
[17:19] Differentiate the case: One of the strongest things lawyers can do to strengthen their case is to differentiate the situation from the norm and show how it is an outlier. Brandon offers examples of how to do this successfully.
[21:27] The $100 million case: Brandon tells the devastating story of his client Anuj Thapa — a Nepali college student who was the victim of a botched surgery — and how Brandon won his client $111 million in damages.
[32:53] What went wrong: Brandon explains how he framed — and later won — the case against the hospital and who was to blame for the permanent ailments Anuj was left with after his surgery.
[38:04] What drove the verdict: The lucky combination of Anuj’s strong story with a good jury helped Brandon win the case.
[45:49] Making the ask: How do medical malpractice lawyers decide how much in compensation to ask a jury for? Brandon explains why asking for a specific number may not always be the best choice.
[51:45] Rejecting the reptile strategy: David Ball and Don Keenan’s 2009 book “Reptile” presents a strategy that uses fear and anger to get jurors to sympathize with a plaintiff — but the approach may not work for everyone.
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.
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163 – Joe Fried – $16.2 Million Verdict in Pioneering Case against Amazon
Renowned trucking accident lawyer Joe Fried tried the second case in the nation and the first in Georgia to test Amazon’s claims that it has no responsibility for its drivers’ conduct.
The result was a $16.2 million verdict against Amazon for pain and suffering endured by his client’s son, an 8-year-old boy who was run over by a delivery van. As Joe explains to host Michael Cowen, the groundbreaking case offers unique teaching opportunities for plaintiffs’ lawyers. Among the successful strategies: his team’s focus on exposing how the driver was himself a victim of Amazon, which places drivers under immense pressure. “The jury agreed with us on that in that regard.”
Both Joe and Michael will share their insights about trucking accident law this fall.
First, Joe will discuss the Amazon case at the Academy of Truck Accident Attorneys Annual Symposium, to be held in Nashville from September 25 to 27.
Then, Joe and Michael will join the faculty at TLU Vegas, October 16-19 at Caesars Palace. Joe will present about the case, and Michael will lead a masterclass on trucking.
Featured Guest
Name: Joe Fried
About: Joe Fried is one of the original truck accident lawyers in the country and is widely recognized as a top attorney in the field. He is credited with developing many of the best practices used by lawyers nationally in truck accident investigation and truck accident litigation.
Company: Fried Goldberg LLC
Connect: Facebook | LinkedIn | X | YouTube | Instagram
Episode Highlights
[02:13] First in Georgia, Second in Nation: Joe’s unique case focused on whether Amazon should be held responsible for the conduct of drivers who are doing Amazon work.
[05:14] All Profit, No Responsibility: Amazon puts its drivers under pressure to perform, then claims to have no responsibility when problems occur.
[10:19] Joe’s Legal Theory: Amazon failed to train its driver on two things: how to handle children in a residential neighborhood and how to drive the vehicle he had that day: a rental van, not the typical delivery van.
[16:08] Specifics of the Case: The Amazon van struck an 8-year-old boy who was riding an electric bike. The boy suffered a fractured pelvis and a “de-gloving” injury to his leg, which required multiple surgeries, including skin grafts.
[20:36] Mission-Critical: A re-enactment showed that, whichever way the boy was coming toward the van, he was visible – unless packages on the dash blocked the driver’s view.
[31:58] Modern-Day Tenant Farming: Amazon’s delivery service provider owner believed he was an independent businessman. In fact, Amazon had control – like the puppetmaster of a marionette that Joe was prepared to display at trial but didn’t.
[38:29] The Jury’s Conclusion: Amazon held 85% responsibility for negligently training the driver; the driver and his delivery service provider had 10%; and the adult who went inside the house when the incident occurred had 5%.
[1:06] The Future of Trucking Cases: The so-called “relay cases,” which focus on 18-wheelers that deliver for Amazon.
[1:09] View Behind the Curtain: Joe explained the significance of this case to jurors this way: “You have had one of the rare looks behind the curtain at what Jeff Bezos has created.”
Connect with Trial Lawyer Nation
☑️ Follow us on X, 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.
