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.
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151 – Alex Begum – $2.1 Million Verdict in a Tough Case
Build “top mind awareness” for your law firm to get the PI cases you actually want. Then focus on what’s-in-it-for-the-jury to win them.
In this episode of Trial Lawyer Nation, host Michael Cowen welcomes Alex Begum, the founding shareholder of Begum Law Group Injury Lawyers. Alex shares his journey towards mastering the business side of law, emphasizing the importance of financial acumen and creating a strong brand presence for law firm success.
He also recounts the challenges behind a personal injury case he tried and the strategies he used to win a $2.17M judgment, highlighting the use of “judo law” to turn weaknesses into strengths, and the critical role of visual aids in demonstrating injuries to the jury in a low property damage case. Additionally, Alex shares how he motivates the jury to do justice, tapping into what really matters to them.
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: Alex Begum
About: Alex Begum is the founding shareholder of Begum Law Group Injury Lawyers, which has offices in San Antonio, Brownsville, Dallas, McAllen, Laredo, and Albuquerque. A licensed attorney in Texas and New Mexico, his career in law began in 2003 – born from a desire to help others. This desire has not abated. The art of giving is something that Alex practices so routinely that it has become an integral part of his professional and personal life. His special interest in pro bono cases has been put to good use. His willingness to serve others, along with his knowledge and experience, saved an entire Texas community when they faced the probable loss of their homes.
Company: Begum Law Group Injury Lawyers | LinkedIn
Episode Highlights
[04:41] Balancing both the business of law and trying cases: Alex runs multiple PI law firms and also tries cases himself. There aren’t many people that can do both. Alex shares that it’s taken a lot of time and effort to get the balance right, and the journey still continues.
[07:43] How to develop as a trial lawyer: “You learn more from your losses than you do from your wins.” Go try as many cases as you can, realize that the learning never stops, and while you can get “beautiful nuggets” from what other trial lawyers do, in the end you have to use strategies in a way that is authentic to you.
[11:35] From running a traditional law firm to creating a sustainable business: The key is understanding financials: a business plan, projections, budgeting, establishing financial patterns, how to use debt effectively. Many lawyers don’t have those financial skills, but you need to develop basic financial acumen to succeed.
[13:42] Your law firm needs “top mind awareness” to get the cases you want: It doesn’t matter whether it’s a law firm or soda, when marketing to consumers, familiarity is always going to win out when you look at the studies.
[18:09] Background of the Michelle Gibbons case: Alex shares background information about his personal injury case that resulted in a $2.17M judgment. It was a three vehicle crash. But it was a more difficult case because you couldn’t see any damage to his client’s vehicle and his client didn’t go to the hospital or report any pain the day of the crash.
[21:59] Frame weaknesses into strengths: You have to find a way to frame your worst points into your strengths, or find another person to try the case, or settle. Alex credits Gary Johnson’s Winning the Unwinnable Case for teaching him the technique of “judo law” which he and his team use on every trial. He shares how he applied this technique to the Michelle Gibbons case.
[24:29] Overcoming minimal vehicle damage: Using visual aids and expert testimony can help jurors visualize how injuries occur, even in a low property damage case.
[34:00] Future damages: Alex talks about the potential risks associated with using life care planners, sharing that “our new policy is unless there is an actual fusion surgery or larger, we will not use a life care planner anymore.”
[39:50] Motivating the jury to do justice: Juries are powerful. Alex shares how he was inspired by Carl Bettinger’s Twelve Heroes, One Voice. Make the jurors the heroes, and encourage them to see their verdict as a heroic act for the community’s safety and well-being.
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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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133 – Michael Neff – Navigating Premises Liability Cases: Insights from a Seasoned Trial Lawyer
Premises cases can be a tough way to make a living. “It’s challenging, like medical malpractice, but with the right experts, with the right research, with the right resilience, you can win these cases.”
On this episode of Trial Lawyer Nation, Michael Cowen speaks with Michael Neff, an experienced trial lawyer, about the oft-forgotten yet critically important and challenging area of tort law–premises liability law. He explains the kinds of cases that inflame his passions, how to succeed in premises liability law, and, of course, the importance of 7-inch stairs! Neff also briefly discusses his case against Snapchat, a cutting edge case he’s been working on outside of the premises liability realm.
Tune in for an in-depth discussion on premises liability law, insights on case selection, and how attorneys like Michael Neff work to secure sizable verdicts for clients with life-changing damages, ensuring the rules are followed.
Featured Guest
Name: Michael Neff
About: Michael is a trial lawyer with approximately 30 years of experience, who practices premises liability law, including ‘trip and fall’, ‘slip and fall’, negligent security, and much more. He is the founding partner of the Atlanta-based firm, Neff Injury Law, which has won over $100 million in jury verdicts for its clients. Outside of the courtroom, Michael is the author of Premises Liability: A Guide to Success and founder of the National Association of Premises Liability Attorneys (NAPLA).
Company: Neff Injury Law Connect: LinkedIn
Episode Highlights
[04:13] Defining premises cases: While slips and falls and trips and falls are the most basic of premises cases, premises liability also includes negligent security cases, water scald cases, Legionnaires cases, nursing home cases, and sexual assault cases.
[07:05] Winning premises liability cases: While Neff notes that trip and fall cases are generally easier cases to win, there are a number of questions that a premises liability attorney must have answered, including the condition of the property, whether there was a hazard, and whether it could have been mitigated or eliminated. At the end of the day, though, it’s all about ensuring folks are following the rules.
[09:38] Understanding the rules, including the building code: Neff explains the value of utilizing experts–including structural engineers, retired police officers, and others–to better understand and explain this practice area.
[12:20] Developing the theme of a case: In each case, there are always two sides of a story, but Neff explains that juries are simply not going to sympathize with a litigant who is making a lot of money and putting people in jeopardy.
[13:57] “Written in blood”: Neff recalls that an expert once told him that “the building code is written in blood.” Each of the rules that we are asking companies and individuals to follow was written as a result of someone having been killed or seriously injured, in order to prevent such a tragedy from happening again.
[15:32] Winning negligent security cases: Neff illustrates how the issues of foreseeability and preventability of an accident are key in negligent security cases, where juries might tend to want to assess total blame to the criminal who committed the offense, when the company could have taken steps to mitigate or eliminate the risk.
[17:26] Screening cases: While economic viability for both the attorney and the client is important, ultimately, Neff only selects cases that he feels passionate about. His clients’ lives have been irrevocably changed by the circumstances of the case, so he feels a great sense of responsibility to ensure their wellbeing.
[23:19] Securing large damages for clients: Neff asks, who holds the power of preventing these damages from occurring–an individual or a corporation? Because corporations bear that responsibility, his job is to delineate the steps they could have taken and the ordinary care they should have used to prevent this injury and to keep it from happening again.
[26:31] Excelling in premises liability law: In order to succeed in this practice area, Neff recommends investing in yourself, which may include joining organizations like his, the National Association of Premises Liability Attorneys (NAPLA).
[30:42] Suing Snapchat: Neff discusses a case he’s been litigating outside the premises liability realm in which a plaintiff is suing Snapchat over its speed filter, after being involved in a serious car wreck in which the other driver was using the app.
[38:21] Suing rideshare companies: Neff has also been litigating cases in which drivers for rideshare companies sexually assault their passengers. He explains that some of the challenges in these kinds of cases stem from the technological overlay and the fact that rideshare drivers are classified as independent contractors, not employees.
[42:54] NAPLA Updates: Neff shares that NAPLA just finished its first meeting in Chicago, which featured nineteen speakers over three days. Learn more about NAPLA at www.premisesliability.org
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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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.
