In this episode, legal legend John Romano reveals the timeless principles that keep attorneys passionate and unstoppable — no matter how the legal landscape shifts. From building unbreakable client relationships to mastering case preparation with strategic checklists, Romano shares practical insights backed by over 52 years of extraordinary experience. Discover how embracing teamwork, technology, and genuine care can transform your practice and your life.
Featured Guest
Name: John Romano
Company: Romano law Group
Connect: john@romanolawgroup.com
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177- Leon Dacbert – Your Firm Has Legal Software. Now What?
“We want our technology to create a better experience for clients and employees, not just one more extra task to do every day,” says Leon Dacbert, a lawyer and chief technology officer at Begum Law Group. Leon joins host Michael Cowen to share his experience transitioning from server-based case management software to cloud solutions. Drawing from his personal journey of selecting, implementing, and customizing legal software, Leon offers practical guidance on avoiding costly mistakes, ensuring smooth transitions, and using technology to genuinely improve client care rather than simply adding administrative burden.
Click here to learn about the firm’s Big Rig Boot Camp on July 10.Michael and Malorie welcome listener questions for a new “Ask Michael and Malorie Anything” feature. To submit a question, email Michael.
Featured Guest
Name: Leon Dacbert
About: Leon advocates for those who have suffered injuries such as through car crashes or slip-and-falls. He is also the firm’s chief technology officer, where he pushes the boundaries of technology in the legal industry.
Company: Begum Law Group on LinkedIn | Instagram | Facebook | YouTube
Connect: LinkedIn
Episode Highlights
[02:09] Becoming a Tech-Lawyer Hybrid: Leon’s journey from being “the family tech guy” to leading technology implementation at his law firm while maintaining his legal practice.
[05:16] Lawyer vs. Techie: The unique advantage of having a lawyer lead technology implementation is their understanding of case pipelines and legal workflows that non-lawyer tech specialists often miss.
[07:59] Client Feedback Systems: Leon describes implementing software to gather client feedback at key points in a case’s lifecycle, from intake through resolution.
[10:06] Selecting Software: When choosing case management software, consider the ecosystem around it—what developers and vendors are available to support the platform.
[12:13] Sales vs. Reality: Beware polished product demos from salespeople. Always insist on a “sandbox” or demo account to test the software yourself before committing.
[17:29] Incremental Approach: Rather than trying to implement every possible feature at launch, start by copying your current processes into the new system.
[19:24] Ensuring Data Quality: The key to reliable dashboards is ensuring staff enter accurate data—Leon explains his “give and take” approach to incentivize proper data entry.
[22:56] Better Experience: The ultimate goal of technology implementation should be improving experiences for both clients and staff, not adding bureaucratic burden.
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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139 – Malorie Peacock – How Michael and Malorie Got a $17.5 Million Verdict in a Tough Case (Part 1)
There’s data going all the way back to the 1970s showing that people have lost a leg while operating a forklift. Not only do these leg crush injuries keep occurring, but it’s the most common injury with a stand-up forklift. It’s a big problem. However, the industry has been able to avoid having to change anything because they’ve been able to get the standard written to support their design decisions.
On this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock discuss how they overcame the odds to win $17.5M in damages for their client in a case against a forklift manufacturer. All this occurred in a case where the defendant said they’d never even pay $100k.
Tune in to this part one, of a two-part series, as Michael and Malorie discuss how they established liability in the case. What was one of the key winning trial strategies? Not getting sucked into disproving every argument the defense made.
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
[04:39] Case background: The client operated a stand-up forklift, lost control of the forklift and crashed, resulting in a leg amputation. These types of incidents occur once every eight days, but the industry has been winning trials on defect allegations for decades. Up until Michael and Malorie’s trial, the forklift industry was undefeated in the 2000s.
[08:38] Understanding how a forklift works and the problematic design: The forklift is operated standing up, with one foot on a dead man’s pedal, one hand on a lever, and the other on a tiller. Just a minor loss of balance from someone steering a little too hard, or unexpectedly taking their foot off of something, can ultimately result in a crash where a foot gets crushed by a 7,000 pound forklift.
[17:52] Three data sources on injuries: There were incident reports (limited details), an OSHA database (type of injury/equipment but no manufacturer info), and another manufacturer’s data (revealed percentage of injuries). Additionally, one study showed 474 injuries and recommended a door for forklifts.
[21:34] Random test v. peer-reviewed study: Michael and Malorie discuss how they taught the jury the difference and why it mattered in this case.
[36:35] The case was complicated, but strategic decisions made the difference: The client was not properly trained and the employer’s negligence was not considered. However, blaming the client would be unfair, and the focus should be on fixing the design. The defense argued about certification requirements, but it was better, strategically, to embrace the lack of training. Winning the case was a close call.
[40:08] Revealing the truth: Michael and Malorie share why it is essential to read defense cited literature, and how doing so made a difference in their case.
[46:13] Two ways to solve the problem: Michael and Malorie offered two alternative designs to the jury–a door or a seat with a seat belt.
[51:38] Most jurors aren’t familiar with forklifts, so visuals were key: Michael and Malorie used visuals to make things simple–annotated photographs and videos. They tried to use two life-sized forklift compartments—one the way it was and one with a seatbelt, but they wouldn’t fit through the courtroom door. Lesson learned!
[59:17] Preview of part-two: On part-two of this series, Michael and Malorie will discuss damages and how they made it a story–not just about despair–but also a story about love, hope, striving, and overcoming.
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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115 – Malorie Peacock – How to Get Compelling Testimony From Treating Doctors
Getting credible testimony from treating doctors can make or break your case. In this episode, Michael and Malorie are sharing their strategies to get powerful testimony from treating doctors, work through common challenges, and help build your case.
While the personal knowledge of the treating physician establishes significantly more credibility than a hired expert, it’s imperative the doctor communicates well and speaks in a way the jury can understand — without all of the medical jargon.
Remember: treating doctors aren’t professional testifiers. The lawyer needs to ensure that the treating doctor is prepared to give efficient, compelling testimony. You’re the guide who’s questions will lead the doctor along the trail of your strategy, and avoid getting stuck in the weeds of mundane details.
Malorie’s strategies to guide the story include magic words and visuals. Magic words or questions ensure you get what you need from the witness and end up with valuable testimony. Visuals (like diagrams, animations, or demonstrations) can help the jury visualize the story — as long as your visuals are relevant to your trial strategy. To wrap everything up, Malorie suggests you leave the jury with the major takeaway from your witness…just make sure it connects to the next part of your case.
Tune in to episode 115 as Michael and Malorie discuss strategies and best practices for working with treating doctors, the do’s and don’ts of getting valuable testimony, preparing the witness, and utilizing their testimony to build a compelling story for the jury.
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
Key Points
Top takeaways from this episode
- Testimony from treating doctors can be crucial for a win. A treating doctor can testify from a place of personal knowledge, showing the jury what happened from a medical perspective. They have more credibility than someone you might hire, and because of their longer history with the client, they’re harder to cross-examine.
- Bringing in treating doctors has its share of challenges. Although treating doctors can be critical for a case, there are often challenges when bringing them in to testify. Doctors speak their own language; they often use medical jargon that the average person won’t understand. So, if you want to work through these challenges, you need to make sure your treating doctor is using colloquial language and is a great communicator.
- You should think about your case from a storytelling perspective. It can be easy for a treating doctor to get into every detail of the medical procedure, condition, or patient visit. As a lawyer, you want to guide the treating doctor and make sure they stay on track, only sharing details that are relevant to your case strategy. Be careful not to be leading or argumentative, but build your story with key components and questions that make the testimony understandable.
Episode Highlights
[01:59] Events for attorneys: Michael Cowen talks about upcoming events for lawyers put on by top organizations including the Academy of Truck Accident Attorneys and Trial Lawyers University.
[03:07] Getting testimony from treating doctors: Apart from making sure you have a clear appellate record, your doctor’s testimony is a critical component of the story you’re telling to the jury. However, there are some challenges with getting treating doctors to give coherent, clear testimony.
[09:19] Should witnesses be live or on video? Malorie Peacock explains the benefits of having a live witness compared to someone on video. She also shares why a live witness can be a bigger risk.
[10:59] Compelling treating doctor direct examinations: Malorie talks about how lawyers can introduce witnesses in an efficient way — and why it’s important to build trust with the doctors so their testimonial is straight to the point.
[16:12] Dealing with questioning: Malorie and Michael discuss how to deal with accusatory questions that frame the witness as being in some sort of collusion with the lawyer.
[19:38] Magic words and questions: You don’t have to use magic words or phrases in trial, however, Malorie shares how they could help you and why it never hurts to use them.
[24:37] Showing a doctor’s work without going overboard: You want to prove a doctor’s credibility and show their work. But you don’t want to go overboard and have them share the entire chart. Malorie and Michael share their strategies for finding the middle ground while presenting the necessary information.
[29:23] Degeneration — the dreaded word: Lawyers, especially those in Texas, don’t have to run away from the concept of degeneration. A preexisting condition is something that the jury can accept and move forward from; just because someone had a broken arm before doesn’t mean they can’t break their other arm.
[33:11] Using visuals with treating doctors: Malorie and Michael share their tips for using visuals in cases. They explain that visuals are crucial in clarifying a doctor’s point and helping the jury visually connect to the story — but you don’t want to use visuals that aren’t relevant to your trial strategy.
[42:14] The end of a doctor’s testimony: To wrap everything up, you should ask your magic word questions and leave the jury with a takeaway that connects to the next part of your case (which will often be non-economic damages).
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.
