In this episode of Trial Lawyer Nation, host Michael Cowen interviews David Craig, a seasoned truck accident lawyer from Indianapolis. They discuss David’s journey into truck accident law, the unique challenges of these cases, and the importance of knowledge and mastery in the field. David shares insights from interviewing truck drivers, the role of rapid response teams in preserving evidence, and effective strategies for transitioning from a referral-based practice to direct consumer marketing. He also offers valuable advice for aspiring truck accident lawyers, emphasizing the importance of education, trial experience, and building relationships within the industry.
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137 – Michael Leizerman – How Michael Leizerman Won $18 million in a Tough Case
As a trucking trial lawyer, if you are compassionate, people can walk all over you and you won’t get good results, you need to be both fierce and compassionate.
On this episode of Trial Lawyer Nation, Michael Cowen and Michael Leizerman discuss the ins and outs of wrongful death litigation. Leizerman draws on his experience as a truck accident lawyer and shares the strategies he used to win a recent $18 million verdict.
He emphasizes the need to have open communication with the victim’s family and draw on their love for the victim. He also stresses that while the client comes first, it is also important to create a compassionate atmosphere by treating the defendant with fairness and compassion. However this compassion needs to be accompanied with fierceness.
Tune in for an in-depth discussion on litigating wrongful death cases, and learn how to draw out the story from the victim’s family, cross-examine defendants, and use a combination of compassion and fierceness to build a strong case.
Featured Guest
Name: Michael Leizerman
About: Michael Leizerman is a founder of The Law Firm for Truck Safety, which handles truck accident litigation across the United States. He is the co-founder of the Academy of Truck Accident Attorneys (ATAA). He concentrates his practice in select catastrophic injury truck collision cases across the country.
Michael was the first Chair of AAJ’s Trucking Litigation Group. He is the author of the treatise Litigating Truck Accident Cases. Michael has taken 15 truck and bus cases to trial since 2006. He has received record-breaking truck accident settlements and verdicts across the country, including multiple verdicts with punitive damages. Michael is also the author of the Trial Guides book The Zen Lawyer: Winning with Mindfulness.
Company: The Law Firm for Truck Safety LLP
Episode Highlights
[02:55] Handling the case in a way that is healing and cathartic: There is usually a lot of pressure to settle wrongful death cases because of the fear of retraumatizing the client. However, an attitude readjustment can help. Talking to the client from day one and discussing outcome goals is important.
[04:50] Spend a lot of time with clients before depositions: In wrongful death cases it is important to prepare clients to talk about the victim with love, since they are the experts on their relationship with the victim.
[07:32] The trial can serve as a healing process: One can be a compassionate lawyer by wishing well for all beings. While there is a duty to the client, you need not be harmful to the defendant. It is also important to help the victim’s family keep hope alive.
[11:43] Getting yourself in the mindset to be present for the client: Team up with other lawyers in the firm so that you can take a break, or take breaks when the client needs them. Meeting clients at their homes—a place where clients are comfortable–helps them open up. By being willing to enter the client’s world you can discover things that transcend demographics.
[17:02] The death of Dylan Monty, a 21 year old: The way the facts are presented can help with showing accountability, habit, and fault.
[22:22] Being fierce and compassionate: While some situations require a lawyer to call out the opposing party, lawyers also need to show compassion.
[28:00] Palpable Loss: By sharing stories during direct examination, the jury can be shown what was taken from the victim’s family.
[34:31] Cross-examining with compassion: Thanking the truck driver for owning up to his part while asking what he is actually owning up to, and having the victim’s family sit out of the courtroom during cross-examination created a compassionate atmosphere.
[40: 00] Traits of a great lawyer: Listening, presence, being vulnerable, and having the courage to stand up are the skills of great lawyers.
[42:00] Growing The Law Firm for Truck Safety: To build the firm, Leizerman focused on choosing partners who shared his same values, were trucking lawyers, and who were both compassionate and fierce.
[44:17] ATAA: The Academy of Truck Accident Attorneys is a group of over 1,200 lawyers and paralegals that focuses on plaintiff’s trucking work. Education, safety advocacy, and sharing knowledge are its primary goals.
[52:02] Zen Lawyer Workshop: Leizerman, along with others, will be teaching at a retreat and workshop in October. For more information see thezenlawyer.com.
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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132 – Malorie Peacock – The Hidden Power of Lay Witnesses
Lay witnesses. Whether you call them eyewitnesses, ‘before and after’ witnesses, or damages witnesses, you need them to help you make your case. And sometimes the most unexpected ordinary people can be the greatest witnesses.
“There’s obvious ones like the spouse or the children or family members of your plaintiff. But beyond that, there’s coworkers, there’s neighbors, there’s the pastor, there’s the guy that runs a corner store at the end of the block, their kid’s teacher…it could be a whole universe of people out there.”
On this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock explore how to identify potential lay witnesses and the importance of building trust with these witnesses to ensure that they feel comfortable disclosing pertinent information. They also examine the importance of obtaining visual evidence, such as photos and videos, to make events more real for jurors. But when it comes to getting these lay witnesses, lawyers have to be willing to do the legwork.
Tune in to gain valuable insights and strategies for building a compelling case through effective lay witnesses.
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 PeacockConnect: LinkedIn
Episode Highlights
[03:28] Don’t call lay witnesses “moaners and groaners”: Labels and words matter because they impact client and staff mindset. Clients are supposed to be survivors and not victims.
[05:59] Bullseye of witness credibility: Michael emphasizes the need to go beyond the obvious best friends and family members when identifying witnesses.
[08:48] Demystifying the legal system for witnesses: Lay witnesses don’t have any experience with the legal system. What they know is what they see on TV and it’s super dramatic. So explaining that to them is important in order for them to be comfortable in sharing their stories.
[13:30] The magic number for lay witness selection: Michael explains their process for getting quality witnesses.
[14:21] How to build trust with lay witnesses: Michael and Malorie share their insights on what you need to do to find, meet, and earn the trust of lay witnesses, and whether you meet them individually or in a group setting.
[27:26] Extracting the best witness testimony: Michael and Malorie emphasizes the importance of tailoring questions to the witness, the nuances of guiding non-natural storytellers in describing experiences, and how exploring the before & after of the plaintiff’s life can provide a richer narrative for the court.
[29:23] Using visuals to connect, comfort, and convince: Learn how the use of visuals provided by lay witnesses not only contributes to the credibility of a witness’s testimony, but also serves as a tool to calm nervous witnesses and help them relate their story with more ease and confidence.
[33:01] Nobody gets the witnesses that lawyers get: While you may be able to have your paralegal get things started, putting in the work yourself can lead to the discovery of more witnesses and better witnesses to build a compelling case, understand your client’s story, and tell it at trial.
[35:37] The impact of early lay witness disclosure: Grasp how this strategy can shape the opposition’s perspective and recognize the dual role it plays – fostering comprehensive case readiness and sending a strong signal to the defense about your intentions.
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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134 – Sonia Rodriguez – Cracking the Expert Witness Code: Getting the Best from Your Retained Experts
“The relationship between the expert and the lawyer is a lot like a horse and a rider. I don’t want you to lead me in a dangerous situation, and I don’t want to lead you in a dangerous situation.”
On this episode of Trial Lawyer Nation, host Michael Cowen is joined by his partner Sonia Rodriguez, for a discussion on the dos and don’ts of working with retained expert witnesses. Sonia and Michael discuss the importance of consistent communication with your expert and remembering that while they may be the expert in their field, you’re the expert in the courtroom. Experts are equipped with technical knowledge, but when it comes to getting a jury to believe your story, it’s best to keep things simple. Just like a rider guides a horse, lawyers must guide their experts–the expert must know why they’ve been hired and how the lawyer sees them fitting in the case.
Featured Guest
Name: Sonia Rodriguez
About: Sonia Rodriguez, a native of San Antonio, Texas, is a partner at Cowen Rodriguez Peacock. Sonia has represented only plaintiffs for nearly 20 years, and she practices in the areas of personal injury trial and appellate law. Beyond the practice of law, Sonia has provided unwavering support to a number of important civic and community causes, including the Young Women’s Leadership Academy and the SAISD Foundation.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
Episode Highlights
[2:07] The frustration of experts who don’t cite their sources: Retained experts may refuse to back up their opinions with authorities and publications, however, it’s vital that juries hear those citations. The best kinds of experts are natural teachers who want to back up their opinions with data.
[5:42] Dealing with unwieldy experts: When faced with an expert who doesn’t want to anchor their opinions, Sonia reminds the expert that she is trying to protect them because Daubert motions are a real risk.
[7:37] Ensuring nothing is missed: In order to keep everyone on schedule, Sonia communicates with her experts early and often, and always provides a “fake” deadline that builds in plenty of room for flexibility. Sonia also tells experts what they will be using to tell their story to the jury, so they can craft their trial testimony accordingly.
[14:00] When one expert relies on another: Sometimes experts rely on the opinions of another testifying expert to craft their report, so Sonia recommends connecting experts and coordinating schedules as early as possible.
[19:42] How to ensure testimony is cohesive and persuasive: Sonia suggests figuring out where the expert’s opinion fits into your larger story at trial to utilize their testimony most effectively. Keeping the opinions in plain English is always a must.
[24:45] “Dr. Jekyll and Mr. Hyde” Experts: Sometimes experts can be charming and forthcoming on direct examination, but completely turn into another person on cross-examination, becoming defensive and argumentative. That’s when you know it’s time to stop using those experts!
[26:53] Pitfalls of listserv recommendations: While Sonia praises fellow members of the plaintiff’s bar for providing expert recommendations on the listserv, Michael cautions that you must always take these recommendations with a grain of salt and consider the source.
[30:20] Sonia’s final advice on experts: Don’t rely on staff to handle communications with experts; managing experts yourself minimizes the risk of miscommunications. Next, don’t forget to provide experts with key discovery materials as they are uncovered. Finally, build a personal relationship with experts.
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.
