In this episode of Trial Lawyer Nation, Michael Cowen sits down with Dennis “DM” Meador to discuss how lawyers can use podcasting as a powerful tool for business development, client acquisition, and thought leadership. Drawing from his own experience building a successful podcast and personal brand, Dennis shares practical strategies for creating content that resonates with audiences, establishes credibility, and generates meaningful professional opportunities.
Featured Guest
Name: Dennis “DM” Meador
Website: thelegalpodcastnetwork.com
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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
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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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188-Trial Series- The Effective Examination of Treating Doctors
In this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock discuss the effective examination of treating doctors in trial settings. They emphasize the importance of concise and persuasive direct examination techniques, the necessity of understanding medical terminology, and the critical role of establishing causation through expert medical opinions. The conversation provides practical insights into preparing for depositions, structuring witness testimony, and ensuring that jurors can easily follow the medical aspects of a case.
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117 – Isabella Santellan – How to Build a Referral-Based Practice
When it comes to personal injury law, the client-firm relationship can be fairly transactional. Most clients aren’t talking about their personal injury cases with their network, and lawyers hope that their clients don’t get injured again and become repeat customers.
But when you have mostly transactional, single-case relationships with clients, how can you gain more business? If your personal injury clients aren’t telling their network about you, who will?
One of the most rewarding methods for gaining more business is referral marketing. Creating longstanding attorney referral relationships gives you a pipeline for more cases, helps you build a reputation, and keeps your firm top of mind in the industry. However, in order to succeed with referral-based marketing, you have to cultivate your relationships and think about what the other person wants.
According to Michael Cowen and the team at Cowen Rodriguez Peacock, you have to give back in order to grow your referral-based business. Take referring attorneys out to lunch or to an event that they would enjoy. Or, give them a gift that’s personalized (and doesn’t have your firm’s name or logo on it). However you decide to show gratitude to your referral partners, it’s important that you create a system to follow up, check in every now and then, and continue nurturing that relationship.
Above all, Michael says that it’s important to create a culture of sharing and respect and keep your promises with referring attorneys. You don’t have to take every case that comes your way, and you can’t guarantee the outcome of a case. You can, however, promise to work hard, keep clients informed, and honor the deal you made.
In episode 117, Isabella Santellan, the Marketing Assistant at Cowen Rodriguez Peacock, asks Michael Cowen all of the essential questions about building a referral-based business and tending to referral relationships. Listen to this episode of Trial Lawyer Nation to hear Michael’s advice on building a referral network and nurturing relationships, turning down referral cases, and simplifying the referral process for your firm.
Featured Guest
Name: Isabella Santellan
About: Isabella Santellan is the Marketing Assistant at Cowen Rodriguez Peacock. She was born and raised in San Antonio, TX and recently received her B.B.A in Management from the University of Texas at San Antonio. As the Marketing Assistant, Isabella runs the firm’s social media, helps plan events, and works to ensure they provide an unforgettable experience to everyone they work with. In her free time, Isabella enjoys traveling, golfing, and spending time with her family.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
Key Points
Top takeaways from this episode
- Start with the people you already know (and don’t be too picky about cases). It’s difficult to come out of law school and have the reputation and network needed to create a referral-based business. Michael Cowen suggests you get your foot in the door by being hungry, humble, and persistent. Take cases from those who are already in your network and expand your business from there.
- Give your referring attorneys what they want. It’s important to stay top of mind when you’re building a referral-based business. How do you do this? Michael says you need to give back to your referral partners. Take your referring attorneys to lunch or to an event that they might enjoy. You could also give them a call, send a handwritten thank you note, or give them a gift (without your firm’s name or logo on it). However you show gratitude, you have to do so with the other person in mind.
- Nurture your existing referrals. When trying to build a referral-based business, many firms make the mistake of moving on to new referrals without nurturing existing partnerships. But the key is to create longstanding relationships with attorney referrals. It’s much harder to convince someone new to send you the first case, and it’s more fruitful to put effort into the connections that are already sending business your way.
Episode Highlights
[02:40] The foundation of great attorney referral relationships: The key to establishing great referral relationships is nurturing your connections, setting expectations upfront, and making sure you stay top of mind.
[06:05] The three things a referring lawyer or co-counsel wants: Every referring lawyer or co-counsel wants as much money as possible, as quickly as possible, without client complaints. Michael Cowen breaks down the details of how to achieve this.
[07:27] How to keep a referring lawyer’s attention: Michael shares Cowen Rodriguez Peacock’s strategies for keeping a referring lawyer’s attention and making sure they choose you over competitors.
[09:07] Turning down a referral’s case: The number one step to respectfully turn down a referral’s case is to do it swiftly. It’s hard to say no, but it’s better than accepting a case that you’ll later regret. Michael also suggests directing a case to a different firm and offering a possible solution.
[12:00] What you can and can’t guarantee to a referring lawyer: You can’t guarantee the outcome of a case, but you can promise that you’ll work hard and keep the team informed about the details of a case.
[13:13] How a new attorney can build their referral network: Start with people you already know. From there, you can build out your network and run your business on referrals. Especially when starting out, you have to get your foot in the door — you can’t be too picky about cases until you build your reputation.
[18:30] Michael’s experience with referrals: Michael shares his advice for working with referring lawyers and developing your referral process. He also talks about the big mistakes he made early in his career and how you can avoid those same mistakes.
[25:32] Simplifying the referral process: The key to simplifying the process for referring attorneys is to remove the bottlenecks. If you’re busy, put them in contact with someone else on your team who can give them the time and attention they need. For Michael, getting clear on criteria for automatic ‘yeses’ and ‘nos’ can help simplify the process as well.
[26:51] Other methods to gain referrals: Michael explains how his seminar, Big Rig Boot Camp, and his podcast create a referral funnel and generate more business.
[30:43] What to do after you win the referral: It can be tempting to constantly look for new referrals, but Michael advises you to spend more time and effort on your existing referral relationships.
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.
