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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140 – Maxey Scherr – From Theater to Trial: Maxey Scherr on Starting Strong, Establishing Your Reputation, and Letting Go
Trial lawyers can’t be afraid of failure. It is often by refusing default thinking and defying expectations that a trial lawyer gets the first big win that sets the tone for their career.
On this episode of Trial Lawyer Nation, Michael Cowen speaks with Maxey Scherr–a Texas trial lawyer, board certified in truck accident law–who recently started her own law firm and found immediate success with a $10.65M verdict against Swift Transportation.
Listen to Maxey explain how learning and preparation have been integral to some of her biggest wins, why it’s important for a trial lawyer to have a reputation for trying cases–and how in the end, getting a good result stems from seeing the case through the jury’s eyes and placing your trust in them.
Featured Guest
Name: Maxey Scherr
About: Maxey Scherr is the founder of the Scherr Law Firm in El Paso, Texas. She has practiced for more than 14 years and has over 40 jury trials resulting in multi-figure verdicts, including a $10.65 million truck accident verdict in the firm’s first trial. Ms. Scherr is Board Certified by the NBTA in Truck Accident Law and is a member of various boards and organizations focused on trucking law. In addition to a law degree from Texas Tech, she earned a bachelor’s in Psychology from UMass-Boston and undertook postgraduate work in Neuroscience at Harvard.
Company: Scherr Law Firm
Connect: LinkedIn
Episode Highlights
[3:54] Blazing new roads: Maxey has attended every ATAA Annual Symposium. She was one of the first woman attorneys to gain board certification in truck accident law and is continually studying and learning to improve her craft.
[8:46] Theater kid to trial lawyer: Maxey’s background in theater has played a role in her courtroom success by preparing her to confront an audience and face her fears using the methods of psychodrama.
[10:51] Setting a precedent: A trial lawyer’s reputation is based in part on having a reputation for trying cases. Settling low or quickly sets a standard for future cases, but so does willingness and commitment to trying cases. “If you’re going to accept the case, try it,” says Maxey.
[17:18] Starting strong: When starting Scherr Law Firm, Maxey brought over a former client who suffered a TBI in a truck accident and, after a $300,000 settlement offer, ended up securing the first eight figure verdict in El Paso since the 1990s.
[24:48] Never TMI about TBI: Brain injuries can be difficult to detect and argue to the defense. But with a background in neuroscience, Maxey stays up to date on the rapidly evolving neurological research field, using the latest findings to counteract the defense’s misrepresentations of these “invisible injuries.”
[37:05] Legal logistics: One of the proudest moments of Maxey’s career came from representing Mexican nationals in a truck accident case against FedEx and a U.S. government contractor that involved cross-border litigation challenges.
[49:45] Parenting, litigating, and trust: As a mother, Maxey has learned to let go and trust her son to choose his own path–a lesson that has translated to the courtroom and trusting the jury to make the right decision.
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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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118 – Deena Buchanan – An Inside View of How Insurance Companies Value Cases
Big insurance cases can become complicated quickly. The ins and outs, layers of coverage, and strategies aren’t a one-size-fits-all, but learning from someone who has spent years putting on the parachute and jumping out the plane can save you from many of the headaches that follow.
With a storied career ranging from big law and excess coverage, to truck accident and personal injury, Deena Buchanan has earned the skills to pay the bills and chooses to pay it forward. Since her switch from big law and Fortune 500 in-house counsel to the plaintiff side of law, Deena holds valuable insight that can apply to both sides of the court.
In episode 118, Michael Cowen speaks with Deena Buchanan, Managing Partner at Buchanan Law Firm, LLC. On this educational episode of Trial Lawyer Nation, Michael and Deena also discuss what it’s like running a law firm, giving advice and brainstorming with less experienced attorneys, different excess cases, not settling against major corporations, and much more.
Featured Guest
Name: Deena Buchanan
About: Deena Buchanan brings more than 20 years of experience, thoughtfulness and a commitment to strong advocacy to every case she handles.
Deena has been a trial attorney since she was admitted to practice, and she’s earned high regards from judges, clients and other attorneys. She’s known for her thorough preparation, her oral advocacy skills during trial proceedings, and her poise and composure in any situation. She has tried employment, personal injury and wrongful death actions. She’s also represented insurance companies and major corporations, for many years, so she knows what to expect from the other side.
Though she has considerable experience in a number of jurisdictions, Deena focuses her current practice on controversies arising in New Mexico. She has a comprehensive knowledge and understanding of the laws and procedures in New Mexico, as well as local trial practice.
Company: Managing Partner, Buchanan Law Firm, LLC
Connect: Linkedin
Key Points
Top takeaways from this episode
- How do you know when there is excess coverage? It can be easy to overlook the specifics in big insurance cases, especially when there’s a large settlement offer. However, by doing this, lawyers often leave money on the table. By asking in discovery early and often about the coverage you see, you can pick out wordings and layerings being used to hide the actual amount your client could be up for.
- You need to build relationships with adjusters and decision makers. Often with insurance cases, your information is based on what is collected and provided by the defense lawyer. They’re often overworked or a true believer in the case and want to make it difficult for you to get the policy information you need. This is why it’s important to build relationships with adjusters who can get you the information you need, work around the people withholding or dragging their feet, and build your name in the industry.
- You can drive up the value of your case. By serving with complaint, pushing in discovery with motions to compel, and giving notice for depositions early, you can push the value of your case for your client up. You’re showing that you’re serious both to your client and to who you’re going after, showing you won’t settle for less or be pushed around. By doing this it strengthens a long term relationship with your client, not just adjusters, and opens the chance for them to gain higher compensation more quickly.
Episode Highlights
[02:35] Deena’s Background that led her to a successful career in law: How a career spanning many different areas can prepare you for your next steps.
[10:32] Don’t settle when there’s money on the table: It’s common for lawyers to settle for less money when they don’t quite understand the policies they’re covering.
[16:14] Finding the pressure points on the carrier: Deena talks about the pressure points you want to find for a carrier to settle the covered claim in an insurance case.
[21:56] Plaintiff lawyer questions: Deena shares specific ways a plaintiff lawyer can make sure the right information makes it to adjusters.
[30:09] How a plaintiff lawyer can drive up the case value: Deena shares ways that plaintiff lawyers can show they’re serious and drive up the relief for their clients
[35:28] How management changes affect relationships: You want a good relationship and to run a good case to avoid breaking down relationships with management at insurance companies or head adjusters.
[37:46] Experienced lawyers are willing to help you with advice: Deena and Michael discuss the fear that younger lawyers may have of asking for advice on a case – fearing that they will have to bring someone new on. But that’s not the case! Ask for advice and to brainstorm all over.
[41:33] What work Deena is doing now: Deena switched to the plaintiff side of law and has never been happier. She mainly focuses on trucking cases now, and carries her knowledge throughout her career. You can reach Deena on her website at Buchananlaw.com.
Connect with Trial Lawyer Nation
☑️ Follow us on Twitter, 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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147 – Robert Disque – Are You a Trial Lawyer or Just a Litigator?
Empathy is an emotion not commonly associated with lawyers. But harnessing it can provide valuable insight.
On this episode of Trial Lawyer Nation, Michael Cowen is joined by colleague Robert Disque who focuses his practice on 18-wheeler and commercial vehicle cases.
Tune in to hear Michael and Robert discuss Robert’s path to law, the difference between a litigator and a trial lawyer, and how to talk to clients about bad cases. Robert also shares how empathy led him from the defense side to the plaintiff’s side, and how empathy has helped him find common ground with opposing counsel. And how does Robert’s passion for gardening benefit him as a trial lawyer? It’s taught him patience and the willingness to accept mistakes.
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: Robert Disque
About: Robert has been an associate attorney at Cowen Rodriguez Peacock since early 2018, concentrating on 18-wheeler and commercial vehicle cases involving death and catastrophic injury. He earned his undergraduate degree from Creighton University and subsequently attended Baylor Law School on a three-year, full-tuition academic scholarship. While at Baylor, Robert served as an Associate Editor of the Baylor Law Review and competed on several moot court teams.
Company: Cowen Rodriguez Peacock
Connect: Robert Disque
Episode Highlights
[2:43] The difference between a litigator and a trial lawyer. Law school teaches you the rules to work up cases and prepares you to be a litigator. Being a trial attorney is more about case presentation.
[7:13] Robert’s first case on the defense side. Robert was assigned a traumatic brain injury case involving an 18-wheeler that swerved into traffic.
[10:12] Empathy for defendants. Knowing that most truckers don’t want to get dragged into court can help you find common ground with the defense attorney.
[17:30] Dog cases. Some cases are simply bad and not much is not going to change leading up to trial.
[25:07] Radical Candor. When it comes to difficult conversations, a lot of pain can be avoided by being upfront, honest, and transparent early on.
[35:39] Rock analogy. Rocks represent the big things that move the ball forward on your biggest cases and water represents the small things that you can get bogged down on. It’s important to concentrate on the rocks.
[44:29] Robert’s gardening hobby. Robert discusses his love of gardening and analogizes it to being a trial lawyer.
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.
