In this episode of Trial Lawyer Nation, host Michael Cowen is joined by Nicholas Liakas, a New York attorney, and Jessica Brylo, a trial consultant. They discuss a challenging case involving a young man who suffered severe injuries at a train station. The episode delves into the complexities of the case, including the defense’s claim of attempted suicide, the strategies employed to counter this narrative, and the importance of jury selection. Nicholas and Jessica share insights on trial preparation, the significance of credibility, and the art of closing arguments, highlighting the “Man in the Black Suit” technique that helped secure a $23 million verdict.
Featured Guest
Name: Nicholas Liakas
Company: Liakas Law
Name: Jessica Brylo
Company: Trial Dynamics
Contact: jessica@trialdynamics.net
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168 – Mike Alder – Why Lawyers Need Discipline, Consistency, and a Spiked Meditation Mat
Three decades as a trial lawyer; 30 trials; more than $3 billion in verdicts and settlements; thriving practices: Ask Mike Alder how he does it, and his answer is simple.
“Take a cold shower and make your bed.”
Make your bed, every day, because it teaches the discipline a trial lawyer needs. Prefer a warm shower? Take a cold one anyway, because stepping outside your comfort zone prepares a trial lawyer for dealing with stressful situations.
In this wide-ranging conversation with host Michael Cowen, Mike reflects on the personal habits (meditating on a spiked mat) and professional strategies (doing small disciplines over time) that have contributed to his success. Tune in to learn his equation for excellence, recipe for losing your life, and daily routines. They’ve taken years to develop, “but now, I’m cooking with gas, and that is what it takes.”
Featured Guest
Name: Mike Alder
About: Mike is owner and senior trial attorney at AlderLaw, a leading Los Angeles firm that represents plaintiffs in personal injury, business torts, and employment litigation cases. He pursues all cases on behalf of his clients who have suffered injustices.
Connect: LinkedIn | YouTube | Instagram | TikTok | Email
Episode Highlights
[01:33] “It’s a Good Living”: Over a three-decade career, Mike has 30 trials to his credit, with more than $3 billion in verdicts and settlements.
[03:34] Paying It Forward: Mike runs a program in which he pays half of a new lawyer’s trial costs and preparation costs if they agree not to settle for cheap, but rather try the case.
[07:33] Letting Go: Establishing his own firm, Mike discovered that he couldn’t handle both operations and big trials, so he learned to accept what he’s good at and hire the right people for other roles.
[11:10] Equation for Excellence: “Excellence equals consistent, mostly ordinary behavior done over time to create good habits that you combine with other good habits that make you excellent,” Mike says.
[17:03] A Good Pain: Mike swears by his spiked meditation mat because it “focuses the hell out of you.”
[20:14] Dirty Words: Don’t say “work-life balance” in front of Mike or his wife. They believe the expression implies that “if I take this, then I take away from the other.” In fact, they say, you can “have it all” as long as you make priority decisions at certain times.
[26:54] The Common Denominator: Mike recently added a workers’ compensation practice that often crosses into employment law. Ultimately, “it’s all based around helping people.”
[29:18] “Per-chlor What?” When he took on a groundwater contamination case, Mike couldn’t pronounce the name of the chemical. But over time, he learned it, and he and the jury were speaking the same language.
Connect with Trial Lawyer Nation
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☑️ 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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164 – Abbey Vela – Strategies for Building and Maintaining an Attorney Referral-Based Practice
Host Michael Cowen invites Business Development Manager Abbey Vela to discuss how Cowen Rodriguez Peacock attracts and then keeps referral partners over the long haul. Abbey’s role at the firm is to connect and communicate with referrals; as she explains, it’s a position that “a lot of law firms tend to lack.” Michael observes that any firm interested in building a referral-based practice must be prepared to offer value. “It can’t just be, ‘Come listen to how, what a badass I am and why you should give me your cases.’ No one wants to hear that.”
Finally, Michael and Abbey encourage listeners to attend the firm’s Big Rig Masterclass in Las Vegas on October 16, part of TLU Vegas. Those interested in enrolling can visit Cowen’s Big Rig Masterclass and use the promo code COWEN400 to save $400 off the price of registration.
Featured Guest
Name: Abbey Vela
About: Abbey is the business development manager at Cowen Rodriguez Peacock, where she liaises between the firm’s lawyers and referral partners. She has more than eight years of experience in building and growing businesses.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
Episode Highlights
[02:51] The Conduit: As a non-lawyer, Abbey learned the “language” of lawyers to support the firm’s big picture: building and maintaining relationships with referral partners.
[06:16] Communication Styles: From emails to texts to phone calls to in-person meetings, Abbey adapts to referral partners’ preferred communication styles.
[16:12] Building Relationships: The work of generating referrals starts with building relationships. Abbey offers her strategies.
[19:02] In It for the Long Haul: The goal with a referral-based practice is to have a long-term relationship that matures. Michael shares insight about partnering with a firm that, today, co-counsels with his firm on high seven-figure or low eight-figure trucking cases.
[21:28] Celebration Surveys: Abbey conducts “celebration surveys” – asking questions like “What sports do you like?” and “What are your hobbies?” – to connect with referral partners.
[23:17] Sharing Information The key to getting referrals from other lawyers is providing value, such as sharing actionable information that someone can use in practice.
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.
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153 – Sach Oliver – Depositions Are Trial
The road to success is paved with failure, but if a trial lawyer can learn from those failures, they will ultimately become a more effective advocate.
In this episode of Trial Lawyer Nation, host Michael Cowen sits down with trial lawyer Sach Oliver of Oliver Law Firm to discuss how lawyers can continually hone their skills by learning from their own failures, learning from other attorneys, and treating depositions as trial.
Sach also discusses his forthcoming book, Depositions are Trial, which will be released June 24, 2024 (Pre-orders May 1, 2024) and includes philosophies, strategies, methods, and techniques for pursuing the truth and zealously advocating for clients.
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: Sach Oliver
About: Sach Oliver is an experienced trial attorney and CEO of Oliver Law Firm in Rogers, Arkansas.
Sach was raised in Viola, Arkansas, and attended Arkansas State University in Jonesboro, where he was a roper on the school’s rodeo team. After graduating from college, Sach attended the University of Arkansas School of Law, where he won “Best Oral Advocate” at the American College of Trial Lawyers’ National Trial Competition.
As a trial attorney, Sach has obtained numerous large verdicts for his clients in personal injury cases involving everything from 18-wheelers to environmental accidents. The Arkansas Trial Lawyers Association selected him as an Outstanding Trial Lawyer in 2015, and Sach was voted president of the Arkansas Trial Lawyers Association for the 2022 – 2023 term. He currently sits on the board of regents for the Academy of Truck Accident Attorneys. He is one of only two board certified members of the ATAA in Arkansas.
Sach Oliver’s book, Depositions are Trial, will be released June 24, 2024, and will accept pre-orders beginning May 1, 2024. For more information about his upcoming book, visit depositionsaretrial.com.
Company: Oliver Law Firm
Connect: LinkedIn
Episode Highlights
[03:07] Learning from Failure and Staying Humble: Experience is the best way to get better as a trial lawyer, and with experience comes failure. Learning from failure, staying humble, and always searching for the truth have allowed Sach to become successful as he zealously advocates for his clients.
[06:15] “Prepare to Confidence”: Confident attorneys are more effective, and confidence comes from being well-prepared. The more an attorney prepares for trial, the more confident they will be the in the courtroom, and the more confident they are in the courtroom, the more they are able to effectively represent their client.
[07:48] The 2×4 Timeline: Being creative with visual aids at trial will get the jury more engaged and more knowledgeable about the facts. Sach describes how he uses a 2×4 and wooden dowels to establish a timeline in his case in a way that is easily digestible for the jury.
[14:47] Learning from Others: One way to improve as a trial attorney is to learn from others in the field, whether it is another attorney or an outside consultant such as Phillip Miller. Watching more experienced attorneys work and discussing cases with colleagues will allow you to grow as a trial attorney so you can represent your clients more effectively.
[22:33] Depositions are Trial: Sach discusses his upcoming book, Depositions are Trial, and how his first jury trial helped him develop a philosophy that he continues to use to this day.
[24:32] Winning the Unwinnable and Losing the Unloseable: Sometimes small details such as an attorney’s talking speed can be the difference between winning an unwinnable case and losing an unloseable case.
[26:07] The Cowboy Way: Being patient, never giving up, and applying time-tested techniques allow a trial attorney to pull information from difficult witnesses and establish clear timelines that can be used to persuade a jury.
[34:37] A New Way of Thinking: Treat every deposition as if it were a trial. By using trial strategies such as visual aids, an attorney taking a deposition can become more prepared for trial and determine the best way to present evidence to a jury.
[36:54] Visual Culture, Five Senses, and Positive Repetition: Address the visual culture of a case through dynamic visual aids. For jurors who might not be visual learners, describe situations in such a way that all five of a juror’s senses are engaged. Bring home a point by using positive repetition, which means presenting the same or similar arguments in different ways to ensure all jurors are engaged.
[47:14] Preparing for a Truce: Diligently prepare for trial, but also be forthright with the insurance company. By allowing the opportunity for an insurance company to fairly compensate your client through a pretrial settlement, a trial attorney can get justice for their client without the need of a grueling trial.
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.
