In this special episode, we revisit some of the most impactful moments from Trial Lawyer Nation in 2025. From high-stakes verdicts and trial strategies to leadership, personal growth, and the importance of sharing lessons with others, these clips showcase the preparation, credibility, and insight that define great lawyers. Tune in for a year’s worth of memorable conversations and practical takeaways.
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141 – Malorie Peacock – How Michael and Malorie Got a $17.5 Million Verdict in a Tough Case (Part 2)
Trial is not a law school exam. Just because you can technically put in evidence of certain elements of damages, doesn’t mean it’s in the client’s best interest to do so. It’s up to you–after having the conversation with your client, of course–to make strategic choices on damages. Afterall, the goal is to maximize chances of getting the best possible verdict for your client.
On this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock continue their discussion on how they overcame the odds to win $17.5M in damages for their client in a case against a forklift manufacturer. In this part two of the series, Michael and Malorie share insight on how they told the client’s damages story. Tune in to learn why they presented the client as a strong superhero, how they found a different story for each of the damages witnesses to tell, why you should use the KING flipchart, and the persuasiveness of the “want ad” technique when asking for compensation.
To learn more about how Michael and Malorie established liability in the case, listen to part one.
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: 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
[03:30] Catastrophic damages: Malorie explains that the client’s foot was crushed between the forklift and a racking system in a warehouse. The crush to the foot ultimately resulted in a below-knee amputation of the client’s leg. The decision was made to amputate below the knee, as opposed to at the ankle, due to the greater prosthetic options.
[06:41] Splitting 50-50: Michael and Malorie split the entire trial 50-50 and that began with jury selection. Michael explains that it was critical to have Malorie handle the damages part from the very beginning, including jury selection, since she was going to be asking the jury for money in closing and needed to begin to develop the relationship with the jury.
[09:47] Presenting damages in opening: On the damages portion of opening, Malorie took a more “factual” approach. Strategically, they wanted to sell the jury on liability before they pressed too hard on damages.
[11:45] Making choices on damages: Michael and Malorie didn’t ask for past medical bills or lost wages. This was a strategic decision to anchor the jury to higher numbers, which ultimately worked in their favor. Before giving up an element of damages, though, it’s important to have the conversation with your client.
[18:39] Don’t bore the jury: Malorie shares her approach for getting a different story from each of the damages witnesses.
[20:01] Use the KING flipchart: During trial, Malorie wrote down really great phrases and words from the witnesses that she was able to use for two purposes: to keep the jury interested and to repeat in closing.
[24:24] Client’s social media videos were a goldmine: The client had posted videos of himself on TikTok–such as trying out his new leg and trying to exercise at the gym–which turned out to be very powerful videos that Michael and Malorie used on direct with witnesses.
[30:00] Saying no: Saying no to some witnesses who wanted to testify was one strategic decision that was key to getting the verdict.
[33:41] The “want ad”: Malorie shares how they came up with a way to ask for the amount of money that would be enough to compensate the client for his loss, but would also be tied to the evidence, make sense, and be persuasive.
[39:17] At the end: Malorie shares that she had a fleeting moment of disappointment because the client didn’t get $38M, an amount she believed the client deserved. However, the client still got an eight-figure verdict, which was still a great result for him, will help him get the medical care he needs, and help compensate him for the loss that he suffered.
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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121 – Ben Newman – How to Turn 45K in Medical Expenses Into a Million Dollar Verdict
A Trial Lawyer Nation listener since his Defense days, Ben Newman joins the podcast today to discuss his recent $1,076,000 verdict in Collin County, Texas.
At first blush, the facts of this case are problematic. Stemming from a spine injury the plaintiff suffered in a collision at an intersection, the case faced hurdles including, a traditionally conservative venue, a dispute over which party had a green light, an “invisible” injury, minimal therapy and injections, medical expenses of only $45,000, and a defendant that was an individual, not a faceless insurance company or corporate defendant.
Ben credits much of his success in this case to standing on the shoulders of legendary trial lawyers such as Joe Fried, Keith Mitnik, David Ball, and other Trial Lawyer Nation guests. “[The Trial Lawyer Nation] podcast is really what started me down this road of tracking down all of these resources to help me develop my trial technique.”
Ben says he consumed every podcast, video, book, and resource he could find on trial skills and trying cases. “Everything that I do in the courtroom can be traced back to something that I’ve read or something that I’ve seen.”
Join Michael Cowen and Ben Newman as they explore Ben’s incredible verdict and uncover the tools, tactics, and trial skills Ben employed to turn a $50,000 pre-trial offer into more than one million dollars for his client.
Featured Guest
Name: Ben Newman
About: Ben is a civil trial lawyer. He handles a wide range of cases in state and federal courts throughout Texas. For Ben, trial work is not just his profession, it’s an all-consuming passion. He spends countless hours learning the latest trial techniques. And other attorneys frequently hire Ben late in their cases to assist in taking them to trial.
Ben was recognized in Texas Monthly and Thomson Reuters as a Super Lawyer Rising Star. And he’s a lifetime member of the Million Dollar Advocate Forum – a group limited to trial attorneys who have won million-dollar verdicts, awards, and settlements.
Firm: Ben Newman Attorney at Law, PLLC
Connect: LinkedIn | 361-438-1073 | Email
Episode Highlights
[02:46] A passion for trial: Ben Newman discusses his background, his passion for trying cases, and why he made the jump from defense to plaintiff’s work.
[05:39] Cultivating referral sources (and support): Ben shares how he got support from other firms and attorneys after hanging his shingle and was able to begin generating referrals quickly.
[09:54]: Learning the craft of a trial lawyer: Searching for valuable information to listen to during his commute, Ben discovered the Trial Lawyer Nation podcast. He listened to every episode and began digging into the resources Michael and his guest provided.
[14:53] The $1,076,000 verdict: Ben discusses the details of this case, addresses the unique challenges he faced, and share how one specific fact sold the jury.
[24:23] Calling the first witness: How he learned from David Ball to call the witness that can confirm the most facts from your opening statement. This way, you’re keeping the jury on track, sticking to your promises, and doing it quickly.
[29:50] Framing damages in the opening statement: How Ben focused on the invisible injuries, used an analogy from David Ball, and the per diem damage model.
[36:17] The nuances of the trial: The important role lay witnesses played, trusting the jury to make an unbiased decision, detailing harms and losses, and sending the case to the jury.
[43:42] Cutting against the stereotypes of injury attorneys: People expect injury attorneys to come to trial aggressive and ready to fight. Flipping the narrative, Ben made a point to be polite and positive to everyone in the courtroom — including the defense lawyers.
[46:25] What’s next for Ben: From trial settings to parachuting in on cases, Ben has a list of things on his agenda. Overall, he’s continuing to learn, improve, and try as many cases as he can.
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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170 – Dirk Derrick – Leveraging the Transformative Power of Focus Groups
South Carolina PI attorney Dirk Derrick joins host Michael Cowen for an in-depth discussion about Dirk’s innovative approach to focus groups.
By prioritizing truth-seeking and empowering clients through data-driven decisions, Dirk’s team uses focus groups to maximize case values. Plaintiffs’ attorneys who want to learn more are invited to request access to his podcast, “The Appraisers,” where other plaintiffs’ attorneys share case studies from their focus groups.
Featured Guest
Name: Dirk Derrick
About: Dirk’s firm, Derrick Law Firm Injury Lawyers, has nearly 30 attorneys practicing in 10 locations across South Carolina. He has obtained information from 10,000 South Carolinians and watched 700 focus group juries deliberate. He partners with data scientists to develop a proprietary interactive database to analyze the data.
Company: Derrick Law Firm Injury Lawyers
Connect: LinkedIn | Facebook | X | YouTube | Instagram
Episode Highlights
[04:31] Prioritizing Client Service: Dirk shares his hiring strategy to ensure that clients have support not only from their lawyer but also paralegals, bills and records, and others.
[06:37] It Starts on Social Media: Focus groups start by gathering participants; for Dirk’s team, that means inviting potential members via social media. From there, the process includes vetting the participants, presenting arguments, and following up with questionnaires.
[13:08] Game-Changer: Dirk explains how his focus group program has changed “every part of our practice, of how we build cases.”
[16:48] Insurance Leverages: Insurance companies have four main leverages over plaintiffs’ attorneys and their clients. Dirk outlines each.
[25:36] Everyone’s Invited: The firm’s focus groups include participants on all sides of any issue, including insurance adjusters and ex-defense lawyers. Dirk explains the strategy.
[31:39] The Appraisers: Plaintiffs’ attorneys are invited to request access to this closed podcast, where they can hear case studies from other lawyers who have used focus groups. Click here to sign up.
[35:36] The Anti-Marketer: Years ago, Dirk had a static website and did not actively market. One night, he told his wife that he planned to pursue a marketing strategy. She thought he’d gone crazy.
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.
