In this episode, trial lawyer Michael James recounts how he transformed a challenging case with a hung jury and missing evidence into a courtroom success. With only 20 days to prepare, Michael navigated legal hurdles, leveraged storytelling, and adapted his strategy to secure a favorable outcome. This episode offers valuable insights into resilience, strategic thinking, and the power of a beginner’s mind in the courtroom, making it a must-listen for attorneys facing tough cases.
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173 – Malorie Peacock – You Asked. We Answered. 8 Burning Listener Questions
In the first installment of their new “Ask Malorie and Michael Anything” feature, host Michael Cowen and colleague Malorie Peacock tackle eight questions from listeners. They offer strategies and tips on topics ranging from launching a career as a personal injury lawyer, to navigating a traumatic brain injury case, to managing doubts about an expert witness.
Have a question for Michael and Malorie? Email Michael.
Featured Guest
Name: Malorie Peacock
About: A name partner at Cowen Rodriguez Peacock, Malorie represents clients who have been injured by the negligence of others. Her experience includes working on commercial vehicle, trucking, and wrongful death cases.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn | X | Facebook | Instagram | YouTube
Episode Highlights
[05:54] Post-Law School: To a law school student looking past graduation, Michael recommends two strategies for kick-starting a career: a part-time job at a law firm or working at a clinic.
[09:00] Eye Witness: Malorie offers young lawyers another idea to enhance their skills: watching real trials to see how they play out in the real world.
[10:37] Truck Accident Law: Responding to a question about how to become an effective truck accident lawyer, Michael suggests taking advantage of educational opportunities through groups like the Academy of Truck Accident Attorneys. He’ll teach a course for the Academy in Billings, Montana, in May.
[13:17] Taking on TBI: Michael and Malorie outline how they approach the complex issues associated with a client’s traumatic brain injury, particularly a “mild” one.
[18:41] Three-Legged Stool: The PI attorney must evaluate a case on three factors, Michael explains: liability, damages, and resources.
[23:44] Pro Hac Vice: Michael explains how to avoid falling into procedural traps in districts where you’ve never practiced. “It’s surprising when you practice out of state or in various federal courts how different the rules actually are for different things,” Malorie adds.
[36:24] Doubts: You’ve hired an expert that everyone says is great, but now you have doubts. Michael and Malorie share insights about how to navigate that delicate situation.
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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203 – Trial Ready: Michael Cowen & Sonia Rodriguez on Mindset, Logistics & AI in the Courtroom
In this episode, Michael Cowen shares his comprehensive approach to trial preparation, including logistics, mental mindset, and the role of AI in legal research. He discusses practical tips for trial readiness, managing stress, and leveraging technology to improve efficiency.
Featured Guest
Name: Sonia Rodriguez
Role: Partner & Attorney
Contact: sonia,rodriguez@cowenlaw.com
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205 – Trial Series | Damages, Jury Selection, and Trial Confidence
In this Ask Michael & Malorie Anything episode, Michael Cowen and Malorie Peacock answer listener questions and share practical insights on some of the most important challenges trial lawyers face in the courtroom. From deciding when to discuss damages with a jury to recognizing and addressing classism during jury selection, they offer strategies designed to help lawyers connect more effectively with jurors and present stronger cases.
Michael and Malorie also explore the power of storytelling in damages cases, emphasizing the importance of helping jurors understand the human impact behind an injury. They discuss how trust, preparation, and authenticity can influence trial outcomes, while sharing their perspectives on retrials, legal narratives, and the role of belief in advocating for clients.
The episode concludes with a candid conversation about overcoming stage fright and building confidence in the courtroom. Whether you’re a seasoned trial lawyer or just starting your career, this episode is packed with actionable trial tips, courtroom strategies, and lessons on becoming a more effective advocate.
