In this episode of Trial Lawyer Nation, Michael Cowen sits down with Todd Tracy, a powerhouse attorney in automotive product liability. Todd shares his journey from defending car manufacturers to fighting for crash victims. They dive into what it takes to spot and win vehicle defect cases, and Todd stresses how important it is for lawyers to work together and share resources to get the best results. He breaks down the top five types of cases worth pursuing—like seat back failures and missing center airbags—and talks about the challenges, costs, and rewards of handling these complex cases. From deep investigations to strong teamwork, this conversation is packed with tips for getting justice in automotive defect cases.
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158 – Malorie Peacock – A Case is About the Jurors: Winning a Tough Wrongful Death Case
In trial, you have to be ready and just accept the fact that things are never going to be perfect. They’re never going to go the way you planned it.
In this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock share their strategies (as well as the hiccups they overcame) from their recent $4M verdict on a trucking wrongful death case, where only 10% of the fault was put on their client for rear-ending a tractor trailer. They detail how they “armed their experts” so that the jury wasn’t skeptical of expert testimony in this expert-heavy case. They also share how they successfully minimized comparative fault, and how they presented damages in a way that made an emotional impact. The episode wraps up with a discussion on the value of the healing aspect of the trial process for clients.
Don’t miss out! Big Rig Bootcamp takes place on July 12, 2024 in San Antonio, Texas. Register at bigrigbootcamp.com.
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
[02:18] 30,000-Foot View of the Case: A driver of an 18 wheeler ran over something in a roadway that disconnected her airlines to her braking system in her truck. The driver panicked and stopped her vehicle on a major highway in Dallas at 10pm at night. Michael and Malorie’s client’s son didn’t see her in the roadway, and unfortunately, ran into her and died.
[07:15] Rehearsing Jury Selection and Opening Statement: In order to be seamless and avoid using a bunch of notes, you have to practice, says Malorie. Michael explains how they used the rehearsals to test their advocacy. Did people understand them? Was their story persuasive? Was their theory convincing? These rehearsals were right before trial and separate from the focus groups they did on the case.
[10:39] Challenges in Jury Selection: Due to the Court’s orders, Michael and Malorie couldn’t talk about the facts of the case and they couldn’t even say it was a trucking case or a wrongful death case. The judge was also still following COVID restrictions, so with social distancing between jurors and Michael and Malorie speaking from a podium, it was difficult to connect with jurors. However, they pivoted their strategy and made it work.
[21:05] The First Witness: Michael and Malorie called the defendant driver first. “We couldn’t call her a liar,” says Michael. “The jury needed to, through the course of the trial, come to their own conclusion that she was not telling the truth.”
[24:52] Strategy for an Expert-Intense Case: With all the expert testimony, Michael and Malorie didn’t want the jury to think ‘well, they’re just saying whatever they want because they paid them.’ To avoid that, Michael and Malorie armed their experts with anchors and testing.
[27:15] Demonstrating Airbrake Function: Michael and Malorie did their own testing where they got an 18 wheeler with a tractor and a trailer, and they pulled an airbrake when it was going 50-something miles per hour to show that it would not just make the truck immediately come to a stop, contrary to the defense’s story.
[31:54] Motivating the Jury to Award Damages: Malorie explains how you want enough witnesses to tell your story, but not so much that it’s emotionally exhausting for the jury, because if you exhaust the jury then they get annoyed with you.
[39:53] Comparative Fault Argument: Michael shares his unique approach of comparing the time each party had in the accident, which helped minimize their client’s percentage of fault.
[42:08] Damages Presentation: Malorie vividly describes her method of illustrating damages by physically tearing a picture of the deceased, to symbolize the persistent pain experienced by the parents.
[44:43] The Healing Aspect of Trial: Michael and Malorie touch on the healing aspect of the trial for the client, emphasizing the importance of clients being heard and validated.
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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154 – Lara Brock – Whether in Trial or Arbitration, Compete to Win
“In order to be a good trial lawyer, you have to have that innate sense of ‘let’s go, I’m ready to go.’”
In this episode of Trial Lawyer Nation, host Michael Cowen talks to seasoned trial lawyer Lara Brock of Espinoza & Brock, PLLC about her sports-oriented, competitive mindset that has influenced both how she practices law and serves as a leader within her law firm.
Tune in as Michael and Lara talk about why it’s important to shift from the “family” mindset to the “team” mindset within your law firm, how to find your own voice as a trial lawyer, and why Lara’s firm handles worker’s comp cases in Texas while few other law firms do. They also discuss the strategy behind her firm’s repeated success in arbitration, and what Lara looks for in third-party cases.
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: Lara Brock
About: Lara is a senior partner at Espinoza & Brock, PLLC in San Antonio, Texas. Lara has worked with the Espinoza Law Firm since March 2011 and has focused her practice on non-subscriber injury cases, third party injury cases, and employment discrimination and retaliation cases. In doing so, she has presented cases at trial, has presented cases to arbitrators with the American Arbitration Association and Judicial Workforce Arbitrations, and has presented written appeals and oral argument before the Fourth Court of Appeals. She serves as Treasurer of the San Antonio Trial Lawyers Association and President-Elect of the Bexar County Women’s Bar Association. In 2016, Lara founded the Women’s Caucus for the San Antonio Trial Lawyers Association and is a steering committee member of the Women’s Caucus of the Texas Trial Lawyers Association. From 2021 through 2023, Lara served as the Vice President of Continuing Legal Education for the Texas Trial Lawyers Association.
A native of Roanoke, Virginia, she graduated sixth in her class from St. Mary’s University School of Law in May 2014. She received her undergraduate degree in Political Science and Spanish from Carson-Newman University in Tennessee, graduating summa cum laude with honors.
Company: Espinoza & Brock, PLLC
Connect: LinkedIn
Episode Highlights
[03:37] Getting to Know Lara Brock: Lara knew from a young age that she wanted to compete every day so becoming a trial lawyer seemed like a natural fit. Lara is thrilled that she’s found a career where she can make a difference in real people’s lives, all while having a lot of fun.
[06:47] A Law Firm is Like a Sports Team: You have to perform if you want to be a part of the team. It’s hard to make the shift from thinking of your law firm as a “family” to a “team” but it really does pay off when you do it.
[11:09] “I’m Not Going to Let You Win”: It was a roofing fall case. Lara’s client was working for a “sub of a sub” on a roof and walked right off the edge. It was a flat roof, no fall protection. “I don’t care that my client’s undocumented, he shouldn’t have fallen off that roof. You chose not to have these protections and we’re going to go tell a story,” says Lara about a case where she got a $4.5M verdict where defense pulled the offer. The case is currently up on appeal.
[16:14] Ask “Why?”: Lara shares how she’s found her own voice as a trial lawyer. She learned early on that just imitating another’s lawyer’s way of doing things wasn’t the route to success.
[22:53] There’s No Such Thing as “Work-Life Balance”: From building a great practice, to taking on leadership roles in the Texas Trial Lawyers Association, the San Antonio Trial Lawyers Association, and the Bexar County Women’s Bar Foundation, Lara shares that getting buy-in from everyone around her has been key to her success.
[26:18] Few Firms Do Workers’ Comp Cases in Texas, But Lara’s Does: When asked how her firm is able to do worker’s comp cases in Texas despite the limited fees, Lara responds, “Because that’s our purpose, that’s our base. We also found that a lot of times people just think that it’s a workers’ comp case and it’s not, and we started learning that we could help people in more than one way.”
[31:26] Plaintiff Lawyers Have Success in Arbitration Too: Lara shares “Just as big box retailers or companies that are frequently in arbitration find success, so do plaintiff’s lawyers…We have such a large practice of these arbitration cases that we also have some power with arbitrators because they know that we can keep them from getting business too, if they want to screw our clients over.”
[35:46] Third-Party Cases: A third-party case is where you’re suing someone other than the employer for a workplace injury. Lara explains the things she looks for when taking on these cases.
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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155 – Big Rig Bootcamp – Your Gateway to Mastering Trucking Litigation
For trial lawyers seeking to level up in their trucking law practice, Cowen’s Big Rig Bootcamp is an unmissable opportunity.
In this bonus episode of Trial Lawyer Nation, host Michael Cowen is joined by Isabella Santellan, marketing director at Cowen Rodriguez Peacock to preview Big Rig Bootcamp. At Big Rig Bootcamp, you’ll take a deep dive into the trucking industry’s intricacies, including how companies use telematics (Michael’s firm bought a telematics system and currently has an expert on the road using it now!).
The seminar will also show Michael’s strategies for how to put on the most persuasive direct expert testimony from a liability expert, show how you can make the insurance company pay when they claim there’s no coverage (or find other sources of recovery), discuss when to do (or not do) an inspection of the vehicles, and more!
Don’t miss out! Big Rig Bootcamp takes place on July 12, 2024 in San Antonio, Texas. Register at bigrigbootcamp.com.
Michael’s firm is growing! Cowen Rodriguez Peacock is looking for 2 mid-level associates with 3-5 years of civil litigation experience. Listen to the episode for more information on how to apply!
Featured Guest
Name: Isabella Santellan
About: Isabella Santellan is the Marketing Director at Cowen Rodriguez Peacock. She was born and raised in San Antonio, TX. Isabella earned her B.B.A in Business Management from the University of Texas at San Antonio and is currently working on her M.B.A at Texas A&M University-San Antonio. As the Marketing Director, Isabella runs the firm’s social media, helps plan events, and works to ensure they provide an unforgettable experience to everyone they work with. In her free time, Isabella enjoys traveling, golfing, and spending time with her family.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
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.
