203 – Trial Ready: Michael Cowen & Sonia Rodriguez on Mindset, Logistics & AI in the Courtroom

Michael Bonamarte wasn’t always set on being a trial lawyer. In college, he started out on a pre-med track, eventually discovering a passion for the law. Now, he runs a successful firm with 20 years under his belt — and a $20 million verdict. What does it take to reach this level of success?

Throughout his career, Michael soaked up knowledge from the greats in his industry. From mentors and partners to books and other educational tools, Michael made sure he was learning everything he could so that he could go to bat for his clients. Because of this passion and drive, Michael won a plethora of large cases. 

One of these large cases received a successful $20 million verdict. This multimillion-dollar case covered a difficult birthing complication, where the baby, AJ, was diagnosed with fetal growth restriction at 40 weeks. Significant changes in the fetal heart rate strips were not brought to the attending doctor’s attention, and ultimately, AJ suffered brain damage. Although he should live a regular life expectancy, AJ’s neurological function is limited and he will likely need custodial care for the rest of his life.

Due to the technicalities of the case, Michael knew he needed support from great experts. With the help of both law firm partners and medical experts, Michael was able to solidify the win. The medical experts could explain the points that matter and simplify complex terms for the jury. The defense, who argued that fetal growth restriction was caused by a genetic growth issue, didn’t have the necessary experts to strengthen their argument, which contributed to Michael and his team’s big win. 

Throughout his career, Michael has had plenty of multimillion-dollar wins. Now, as a managing partner of his firm, Michael is helping other lawyers find that same success. By investing in the firm, making himself accessible to younger lawyers, and sharing all of his insight and knowledge, Michael is helping shape the next generation of lawyers winning million-dollar verdicts.

In episode 116, Michael Cowen is in conversation with Michael Bonamarte, Managing Partner at Levin & Perconti, to get all of the details on the $20 million verdict. Michael walks through the big case, from the opening statement and jury selection to the closing arguments and ultimate win. On this insightful episode of Trial Lawyer Nation, Michael also discusses what it’s like running a law firm, how he built up his skills early in his career, and the best ways to bounce back from a loss.    

Featured Guest

Name: Michael Bonamarte

About: Michael Bonamarte, IV is a nationally recognized trial attorney who has achieved outstanding results in a number of high-profile nursing home, wrongful death, birth injury, and medical malpractice cases. He is committed to protecting and vindicating the rights of people who have been injured due to systemic flaws and corporations choosing profits over people. Michael is currently a Managing Partner at Levin & Perconti law firm in Chicago, Illinois.

Company: Levin & Perconti

Connect: Email | 312-516-1129

Key Points

Top takeaways from this episode 

• You have to be a sponge to develop your skills as a trial lawyer. Michael Bonamarte has a passion for representing people who have been wronged. But passion doesn’t always mean you have the skills to succeed. So how do you develop your skills? According to Michael, you have to be a sponge and soak up all of the insight from other lawyers, mentors, and resources in your field.   

• A strong argument requires the right experts. Especially if you’re working on a technical case, you need the right experts to guide you through complex terms and concepts. Additionally, experts serve as credible sources to support your argument during trial.  

• Give the case your all. No matter how great of a lawyer you are, you won’t win every case. In order to bounce back from the losses, it’s important that you give every case your all. When you know that you did everything you could for a client, a loss is somewhat easier to bear. 

Episode Highlights 

[02:23] The beginning of an outstanding law career: Michael Bonamarte talks about his journey in the field of law and his work at Levin & Perconti.

[06:23] Developing trial skills: Michael shares how he went from a pre-med path in college to becoming a successful trial lawyer. He also discusses the people who have influenced his law career and how he stays educated.

[08:45] The $20 million verdict: Michael gets into the details of a difficult birthing case, sharing the complications of the birth and why it was such a big case. 

[18:44] The defense of the case: According to Michael, there was an overwhelming number of expert witnesses for the case. But the defense, who argued that fetal growth restriction was caused by a genetic growth issue in this case, didn’t have the necessary experts to strengthen their argument.

[22:33] Michael’s strategy for winning the case: Because the case was extremely technical, Michael attributes much of his success to his partners and medical experts. These experts could simplify things for the jury, explain the relevant case points, and ensure that all information was accurate. 

[27:05] The jury selection: Michael walks through the jury selection process specific to the case, how he set up a foundation of mutual respect, and how he exposed bias through a lighthearted example (deep dish or thin crust pizza?). 

[36:06] The opening statement: Michael’s partner, Margaret, did the opening statement, and they chose to start off with the base premise of a healthy birth. They presented what should happen during a healthy birth, and then they presented plan B — what happens when that first scenario isn’t possible.  

[44:47] Why presentation matters: Michael talks about a lung cancer case with a 40-year smoker and how he presented questions and information to win the case. He also shares the story of the shocking cross-examination during the birthing case and how he successfully delivered the closing argument.

[53:04] Getting the jury to fight for you: During the closing argument, Michael tapped into his emotions and personal experience of having a daughter the same age as AJ, the baby in the birth defect trial. Michael connected with the jury — especially the parents who may empathize with AJ’s family.

[58:49] What it takes to be a managing lawyer: As a managing lawyer, Michael often comes in at the end of the case after others have worked up the case. In order to get great workup done by others, Michael focuses on the bigger picture, utilizes the unique skills of the firm’s lawyers, and makes himself accessible to younger lawyers.   

[1:05:58] Bouncing back after a loss: For Michael, it’s easier to come back from a loss knowing that you did everything possible for your client. As long as you put everything out there and give it your best shot, you’ll feel more positive about the situation — even if the outcome isn’t what you wanted.

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.

The road to success is paved with failure, but if a trial lawyer can learn from those failures, they will ultimately become a more effective advocate.

In this episode of Trial Lawyer Nation, host Michael Cowen sits down with trial lawyer Sach Oliver of Oliver Law Firm to discuss how lawyers can continually hone their skills by learning from their own failures, learning from other attorneys, and treating depositions as trial.

Sach also discusses his forthcoming book, Depositions are Trial, which will be released June 24, 2024 (Pre-orders May 1, 2024) and includes philosophies, strategies, methods, and techniques for pursuing the truth and zealously advocating for clients.

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: Sach Oliver

About: Sach Oliver is an experienced trial attorney and CEO of Oliver Law Firm in Rogers, Arkansas.

Sach was raised in Viola, Arkansas, and attended Arkansas State University in Jonesboro, where he was a roper on the school’s rodeo team. After graduating from college, Sach attended the University of Arkansas School of Law, where he won “Best Oral Advocate” at the American College of Trial Lawyers’ National Trial Competition.

As a trial attorney, Sach has obtained numerous large verdicts for his clients in personal injury cases involving everything from 18-wheelers to environmental accidents. The Arkansas Trial Lawyers Association selected him as an Outstanding Trial Lawyer in 2015, and Sach was voted president of the Arkansas Trial Lawyers Association for the 2022 – 2023 term. He currently sits on the board of regents for the Academy of Truck Accident Attorneys. He is one of only two board certified members of the ATAA in Arkansas.

Sach Oliver’s book, Depositions are Trial, will be released June 24, 2024, and will accept pre-orders beginning May 1, 2024. For more information about his upcoming book, visit depositionsaretrial.com. 

Company: Oliver Law Firm

Connect: LinkedIn

Episode Highlights 

[03:07]  Learning from Failure and Staying Humble: Experience is the best way to get better as a trial lawyer, and with experience comes failure. Learning from failure, staying humble, and always searching for the truth have allowed Sach to become successful as he zealously advocates for his clients.

[06:15] “Prepare to Confidence”: Confident attorneys are more effective, and confidence comes from being well-prepared. The more an attorney prepares for trial, the more confident they will be the in the courtroom, and the more confident they are in the courtroom, the more they are able to effectively represent their client.

[07:48] The 2×4 Timeline: Being creative with visual aids at trial will get the jury more engaged and more knowledgeable about the facts. Sach describes how he uses a 2×4 and wooden dowels to establish a timeline in his case in a way that is easily digestible for the jury.

[14:47] Learning from Others: One way to improve as a trial attorney is to learn from others in the field, whether it is another attorney or an outside consultant such as Phillip Miller. Watching more experienced attorneys work and discussing cases with colleagues will allow you to grow as a trial attorney so you can represent your clients more effectively.

[22:33] Depositions are Trial: Sach discusses his upcoming book, Depositions are Trial, and how his first jury trial helped him develop a philosophy that he continues to use to this day.

[24:32] Winning the Unwinnable and Losing the Unloseable: Sometimes small details such as an attorney’s talking speed can be the difference between winning an unwinnable case and losing an unloseable case.

[26:07] The Cowboy Way: Being patient, never giving up, and applying time-tested techniques allow a trial attorney to pull information from difficult witnesses and establish clear timelines that can be used to persuade a jury.

[34:37] A New Way of Thinking: Treat every deposition as if it were a trial. By using trial strategies such as visual aids, an attorney taking a deposition can become more prepared for trial and determine the best way to present evidence to a jury.

[36:54] Visual Culture, Five Senses, and Positive Repetition: Address the visual culture of a case through dynamic visual aids. For jurors who might not be visual learners, describe situations in such a way that all five of a juror’s senses are engaged. Bring home a point by using positive repetition, which means presenting the same or similar arguments in different ways to ensure all jurors are engaged.

[47:14] Preparing for a Truce: Diligently prepare for trial, but also be forthright with the insurance company. By allowing the opportunity for an insurance company to fairly compensate your client through a pretrial settlement, a trial attorney can get justice for their client without the need of a grueling trial.

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.

Focus groups can be a pertinent tool for complicated cases to get a sense of how ordinary people think about a case.

Malorie J. Peacock, Partner at Cowen Rodriguez Peacock, uses focus groups to gain an outside perspective on her cases.

“Sometimes you get so wrapped up in the minutiae of your case or some technical details, or you’ve learned the case so well that you think it’s obvious to everybody else,” she explains. “Having that outside perspective is a way to get feedback to make sure you’re not just buying your own bullshit.”

Host Michael Cowen joins in on the discussion with Malorie who recently returned from hosting a focus group for one of her upcoming cases. They share what they’ve learned about focus groups, why you should consider using them in your own cases, how to facilitate them, what you gain from them, and most importantly, how to learn from them to inform your cases.

The episode provides examples of how to use both concept and adversarial focus groups to achieve your objectives, sharing real-life case studies that both Michael and Malorie have seen play out first-hand.

Featured Guest

Name: Malorie J. Peacock

About: Malorie J. Peacock is Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas, and received her JD 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.

Firm: Cowen Rodriguez Peacock 

Connect: LinkedIn

Episode Highlights 

[02:18] Focus groups, defined: Malorie explains that a focus group is simply a group of people who are not associated with your case that allow you to test your strategy and get feedback. 

[05:29] Different ways to test: There are many different ways to employ focus groups to add value to your case. Malorie advises the most important thing is knowing the purpose of the focus group.

[09:38] Bringing out your competitive nature: Michael talks about how adversarial focus groups can help lawyers rehearse for their cases ahead of time while channeling their competitive sides.

[13:41] Focus groups are not predictive of the numbers: Malorie reviews all the different variables that can change between a focus group and a court case that affect the numbers in the final outcome.

[15:21] Expect the unexpected: Michael speaks to how certain rulings from judges or specific facts being presented can have a big impact on how a case proceeds. 

[21:18] Emotional attachments can get in the way: Michael points out that if you’re feeling emotional about a case and can’t run the focus group from a neutral perspective it might be better to hire a third party facilitator. 

[24:35] How to find people to participate: Several different channels can be used to recruit people for focus groups. 

[25:32] The right way to use Facebook ads: Michael provides an overview on how to properly use Facebook ads to recruit participants while maintaining neutrality in the process. 

[35:10] To record or not to record?: Michael and Malorie debate how they prefer to record and document focus groups along with the benefits of each method. 

[45:48] Choosing the right people to present: Malorie advises on how to balance the skills and likeability of two people if you’re holding an adversarial focus group to get good information. 

[53:41] Big Rig Boot Camp: Michael reminds listeners that registration is open for the Big Rig Boot Camp on June 16th in San Antonio, TX.

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.