183 – Trial Series – The 30 – Minute Witness: Keeping Juries Engaged

Lawyers aren’t necessarily great business people, or even good law office managers for that matter. That’s because running a business requires a different type of skill set than the practice of law. However, if you have a firm that is run well, you will have more time to be a good lawyer.

On this episode of Trial Lawyer Nation, Michael Cowen is joined by Anthony Vessel, a lawyer from Houston, Texas, and a partner at Marc Whitehead & Associates, to talk about how to manage a law firm.

Tune in to hear Michael and Anthony talk about building an empathetic law firm culture, the benefits of an inclusive workforce, the use of behavioral assessments, and book recommendations. You’ll also learn how Anthony went from the nickname “Tony the Hatchet Man,” because he had to fire so many people, to being a respected leader in a firm whose core values are integrity, accountability, compassion, communication, teamwork, customer service, and health and happiness in the workplace.

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: Anthony Vessel 

About: Anthony Vessel is a partner at Marc Whitehead & Associates, LLP.  He dedicates his practice to plaintiff’s insurance denials and disability law, specializing in long-term disability insurance denials, social security disability, mass torts, and veteran disability. The firm’s central office is headquartered in Houston, Texas, where Anthony manages a national practice and has successfully litigated disability claims in nearly every state, including the Mariana Islands and Puerto Rico. Anthony leads the firm’s largest department, the Social Security Disability Department. Anthony’s SSD department advocates for the rights of thousands of clients annually.

You may have seen Anthony’s work as an author of the newsletter, “The Successful Barrister–Marketing, Management & Life Skills that Probably Won’t Get You Disbarred.”  He has authored numerous articles and often presents on the topics of law office management, professional development, time management, as well as disability benefit claims, litigation, and negotiation.  Anthony also greatly enjoys mentoring young attorneys and peers.

Anthony is an active member, presents CLE presentations, and holds leadership positions in several professional organizations including the American Association for Justice (AAJ), Texas Trial Lawyers Association (TTLA), Houston Trial Lawyer Association (HTLA), Houston Bar Association (HBA), National Organization for Social Security Claims Representatives (NOSSCR), and National Organization for Veteran’s Advocates (NOVA).    

Anthony is also a certified mediator and mediates across a wide practice area. Visit his website www.vesselmediation.com to book a mediation.

Connect: LinkedIn 

Episode Highlights 

[4:04] Firm background and caseload. Brief background on the Social Security Disability Department that Anthony heads up at Marc Whitehead & Associates and the cases he handles. 

[8:52] Max fee for Social Security Disability. Congress recently raised the maximum fee for Social Security Disability to $7,200. This fee was previously set at $6,000 about 12 years ago.

[9:47] Organizing your team for efficiency. Anthony’s team is organized into pods, each of which handles different tasks starting from case intake through completion. 

[11:04] Choosing the right case management system for your practice. A cloud-based case management system, such as Litify, can help ensure efficiency and timeliness by setting specific tasks. This system is customizable, can be accessed remotely, and is good for a high volume practice.

[12:04] Traction. Making sure that people fit their role helps to ensure success for the individual and the firm. This concept of “right people, right seats,” comes from Gino Wickman’s book, Traction.

[14:37] Empathy over skillset: Hiring candidates who have empathy, rather than a certain niche skill set, has helped improve the firm’s culture. 

[17:11] Setting core values. Patrick Lencioni’s book, The Five Dysfunctions of a Team instructs you to set three core values to work towards. However, it’s ultimately up to each law firm to identify however many core values are important to them, even if it’s more than three. 

[17:58] Book recommendations. For Michael, different books, such as The E-Myth Revisited by Michael Gerber, The 4 Disciplines of Execution, the Lencioni books, and Traction, have taught him many things about running a business. Anthony also recommends Leaders Eat Last by Simon Sinek and Never Split the Difference, a book about negotiating by Chris Voss.

[24:35] Kaizen. Kaizen is a Japanese business philosophy about continuous improvement. This philosophy goes along with the premise in the book, Who Moved My Cheese, which states that things are always going to be changing so it’s important to learn to get comfortable with being uncomfortable.   

[26:49] Building and retaining your team. Being intentional about building firm culture and making the workplace the type of place where employees want to be attracts people who bring success to the firm.

[33:00] Workplace assessments. Behavioral assessments such as DISC, which is similar to Myers-Briggs, help identify employees’ strengths, management styles, and where they will best fit into the team. 

[37:46] Employee risk factors and coaching. The Jay Henderson workforce analysis identifies potential employee risk factors as well as provides good fodder for interview questions. A company called Atticus provides individual attorney coaching, guidance, and training so that attorneys can be better leaders. 

[40:22] Building a presence in legal organizations. The firm is active in legal organizations at the city, state, and national levels, including HTLA, TTLA, AAJ, and American Association for Justice. All of the firm’s attorneys have gone through the TTLA lead group, applications for which open up in January.

[42:52] The Flywheel Effect. The concept in The Flywheel Effect was first popularized by Jim Collins, author of the book, Good to Great. The premise is that momentum is built through a series of small but continuous actions. 

[43:55] Continuous improvement. One of the biggest themes in the book, What Got You Here Won’t Get You There, is continuing to improve as well as correcting bad habits.

[44:40] Stoic philosophy. Ryan Holiday’s books on Stoicism contain a lot of useful information about working on yourself and building a place you want to be in.

[45:20] Instruction manual for leaders. The 4 Disciplines of Execution instructs teams and organizations on how to achieve their goals and priorities.

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.

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

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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.

A new year is an excellent opportunity to reflect on your progress and set or reassess goals. That’s the easy part. The challenge comes when your motivation wanes as the year wears on. How does a trial lawyer, with too many tasks to juggle already, set (and stick to) a lofty set of personal and professional goals?

Michael Cowen and Malorie Peacock share their personal and professional goals for 2023, the challenges of sticking to intentions, and what they’re excited about for Cowen Rodriguez Peacock in the new year.

They also remind listeners that achieving goals is a continuous journey. Stumbling isn’t a reason to give up on your goals. Struggling is normal, it’s those that keep pushing and stay ready for the fight that find success.

Join Michael and Malorie for more tips and inspiration for setting achievable goals in 2023, finding balance between your personal and professional lives, and pushing through even when it gets hard. 

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 

[01:47] Looking forward to a new year: Michael and Malorie reflect on 2022 and share their enthusiasm for 2023.

[03:50] Setting and achieving personal goals: Michael discusses his personal goals for 2023 and why he believes everyone should set personal goals. He also reflects on the challenges he’s faced in sticking to his intentions.

[08:35] Career-related goals for 2023: Sharing his trial goals, Michael is ready to “get in there and pick some juries and start fighting and hopefully get some verdicts.” Additionally, he plans to continue helping lawyers develop their trial skills, invest more in his New Mexico firm, Begum & Cowen, and focus on the marketing efforts at Cowen Rodriguez Peacock.

[11:17] Finding balance: Last year, Malorie focused on balancing her roles as a new mom and a trial lawyer. This year, “my bigger focus is going to be on making sure that I’m keeping better control of my calendars, that I don’t have back to back weeks when I’m out of town and away from my kid.”

[13:49] Achieving freedom in your busy schedule: Malorie and Michael talk about why it’s essential to develop your people and relinquish some control in order to gain freedom in your schedule.

[20:07] On developing trial skills: From a supportive firm to trial and error, Malorie shares her strategies for developing trial skills over the past 10 years. Michael also contributes his thoughts on finding success through your own style and strategy.

[24:42] Imperfection isn’t the end of the world: lawyers tend to catastrophize situations and worry that they’ll lose a case if they don’t execute the plan flawlessly. Michael reminds listeners that jurors decide cases on major principles or themes — not on minor mistakes.

[26:22] Always be prepared for the fight: “Even the people that have beaten me in trial, they end up paying me more the next time because it was not a fun ride for them. They know that they just got lucky that day or just the facts were on their side that day.”

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.