In this episode, Michael Cowen and Malorie Peacock kick off 2026 by discussing their New Year’s resolutions and strategies for achieving them. They emphasize the importance of setting specific, actionable goals and the role of accountability in personal and professional growth. Michael shares his approach to maintaining focus on goals by understanding the ‘why’ behind them, while Malorie talks about her intentions for the year, focusing on presence and gratitude. Together, they explore how balancing personal and professional life can lead to greater fulfillment and success.
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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
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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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119 – Sonia Rodriguez – The Balancing Act: Running A Law Firm And Practicing Law
Two of the most difficult career paths are running your own business and practicing as a trial lawyer. They both take time, energy, commitment, and exceptional ability in your craft. However, when running your own law firm, you’re tasked with doing both. It can be easy to mismanage the business side or let your abilities as an attorney waiver when one takes control of the other. So how do you balance the two for an exceptional law practice?
In episode 119, Michael Cowen speaks with Sonia Rodriguez, his fellow Partner & Trial Lawyer at Cowen, Rodriguez and Peacock PC about how they run their law firm. On this episode of Trial Lawyer Nation, Michael and Sonia discuss balancing being great lawyers and running a great firm, hiring and coaching decisions, how team building can impact the success of your efforts, taking the right cases at the right time, and much more.
Featured Guest
Name: Sonia Rodriguez
About: Sonia Rodriguez is a native of San Antonio. She graduated from Burbank High School then completed undergraduate studies at the University of North Texas in Denton, Texas. In 1999, Sonia received a Juris Doctorate degree from St. Mary’s University School of Law, in San Antonio, Texas, where she served as an editor and a co-founder of The Scholar: St. Mary’s Law Review on Minority Issues. Since then, Sonia has represented individuals and families who have been injured or have lost loved ones due to the negligence of others. Sonia’s commitment to serving her community through honest and fair legal representation was inspired by her father, a passionate labor organizer and her mother, a hard-working and loyal former paralegal.
Company: Partner And Trial Lawyer, Cowen | Rodriguez | Peacock
Connect: Linkedin
Key Points
Top takeaways from this episode
- Your law firm is a business. Is it healthy? Reminder that a law firm is a business. It’s important that you periodically gauge where your firm stands on its goals for growth, quality, income, and other goals you may have set to ensure it’s running the way you envision it.
- How to manage your new team members from the business and law sides of the firm. Managing a team is a skill. It’s imperative that you hire team members from both the business and law side of the firm that fit your firm’s culture, quality, and vision. That also means that as the firm grows, your team members may not grow with it whether from their decision or yours. You must communicate the past, present, and future of your firm to your team so that you can all work together as smoothly as possible.
- How to balance running a law firm and practicing law by hiring exceptional team members. You’re not going to enjoy or thrive in every section of running a law firm. The key to balancing the things you enjoy and the things you don’t is hiring exceptional team members to handle things like marketing, advertising, human resources, etc.
Episode Highlights
[02:19] Evaluate Your Business Health: Keep an eye on what works and what does not in your law firm
[09:15] Creating Systems Of Accountability In Your Business: As you are looking to manage your business health, also gauge your personal and team accountability.
[13:56] Keeping up with a drastically changing job market: How Michael and Sonia have kept up with their team’s needs with a changing job market.
[26:49] Managing your team, especially with new lawyers: When working with a team, learning to adjust behaviors and expectations is imperative for a healthy team culture.
[38:09] How to balance being an exceptional lawyer with an exceptional law practice: Although your time is eaten up by running a law firm business, there are many methods and practices that you can apply to balance the law firm with practicing law yourself.
[42:24] Best practices for coaching team members: It can be difficult telling a team member you don’t like what they do, but by using radical candor you can help a team member be better for them and for the rest of the team.
[40:32] Hiring for the things you don’t want to do: One of the keys to balance is to hire a great team to handle the business side of a law firm so you can focus on the practice side.
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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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
☑️ 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.
