In this Trial Lawyer Nation podcast, Michael Cowen invites Sari de la Motte back to the show. Sari was one of our top episodes in 2019, so to celebrate 50 episodes and over 100,000 downloads we invited her to be our first returning guest. This show will cover voir dire, opening, the concept of group communication, and how all of these concepts help you form the best jury for your case.
To start things off, Sari shares that her book “From Hostage to Hero: Captivate the Jury by Setting Them Free” is now available for purchase. She reveals how her desire to help trial lawyers understand why jurors “don’t want to be there” (summoned for jury duty), how to deal with this, and then lead them from their “hostageness – their inability to say no to this process” to choosing to be a part of the jury, was how the idea for the book began. Michael adds how initially this reminded him of Carl Bettinger’s book “Twelve Heroes, One Voice” in that both Carl and Sari believe it is important to help your jury become the hero in the case. But after working with Sari, Michael sees how she focuses more on the hostage aspect, shows you how to release the jury panel from this, works to help you understand how important nonverbal communication can be, and gives practical tips to use in the courtroom.
Jumping right in Michael introduces the highly debated topic of “inclusive voir dire” versus “exclusionary voir dire.” He reveals how in the past he has used exclusionary voir dire to find his bad jurors, but understanding Sari’s thoughts on the “hostage mentality” has made him rethink his voir dire technique. Putting it bluntly Sari gives the example of “when you come in with the mindset of ‘who here is out to kill me and how do I kill them first’ that is like a poison and a disease” which then spreads and has your potential jurors wanting to find a way to get out of being selected for your jury. A different mindset where you find the people who want to help you can change this and Sari’s analogy involving hiring a new paralegal and sorting through resumes helps put everything into perspective.
Michael pivots the conversation into how important mindset is for trial lawyers. Sari truly believes “how you’re thinking, affects how you act, which affects your results” and explains how the CTFAR model can help. Michael gives the example of his mindset before his upcoming jury trial and how he is reminding himself “jurors are good people and want to do the right thing and help my client.” This example leads to Sari sharing just how useful the mindset of “the jurors love me” was for a client of hers and how the success of this led to a $10 million dollar jury verdict. And if you are thinking “this is bullshit” Sari explains the communication science behind it and why it works.
Moving from mindset back to voir dire, Sari and Michael discuss how frustrated potential jurors are in the jury selection process. When jurors are not sure why they are there and what is happening it’s critical to get to the point and say what they are in court to do. The next step is to then think about voir dire as a group process and not an individual process, because you are there to create a group and you want a group to reach a verdict in your case not 12 individuals. Michael adds how equally important it is to think about the information you share with the group, the order in which you share it, and how you shape the conversation. The order in which you share your information is crucial and your timing is too, which leads to Sari explaining how jurors will immediately think whatever principle or fact (good or bad) you bring up first is the most important part of your case.
Michael wraps up this episode with a discussion on managing energy. He shares his experiences as a trial lawyer by describing his energy level as a young attorney as being extremely high energy at all times, but then when he tried to slow down he came across as “low energy and passionless,” and now he has learned about “managing energy” to keep the jury engaged and never bored. “Ringing the bell” is an engaging way for attorneys to keep the jury on the edge of their seat and is described as a tool for great storytelling in your opening. However, these techniques are not natural and as Michael points out you have to practice before you do this in front of the jury successfully. Practice should not be confused with scripting an opening, so Sari reminds listeners this is for “the ease and the delivery of information not rehearsing it word for word.”
The podcast is filled with additional great advice ranging from the importance of videotaping yourself, why it is imperative to rehearse saying the dollar amount you want a jury to award, thinking about the principles in your case, how journaling can help you in your mindset, using devils advocate questions, thinking about voir dire and how it connects jurors to you in your opening, and so much more. It’s truly a show any attorney will want to listen to more than once.
BACKGROUND ON SARI DE LA MOTTE
Sari de la Motte is a nationally recognized coach, speaker, and trial consultant. She has trained extensively with an internationally recognized authority in nonverbal communication and is an expert in nonverbal intelligence.
Sari specializes in helping trial attorneys communicate with jurors.
Sari speaks to audiences of a few dozen people to audiences of over a thousand. A sought-after keynote speaker, Sari is often asked to headline conferences across the United States.
Sari consults with trial attorneys all over the country, assisting with trial strategy, voir dire and opening statement. She conducts mock trials in her studio in Portland, Oregon and assists with jury selection on-site.
Sari has spoken for, and works with, several members of the Inner Circle of Advocates, an invitation-only group consisting of the top 100 trial attorneys in the United States. She’s has been a featured columnist for Oregon Trial Lawyer’s Magazine, Sidebar, and has also written for Washington State Association of Justice, Oregon Criminal Defense Attorney, and other legal publications. She provides CLEs for various state association of justices around the country. Because of her unique ability to help attorneys communicate their real selves, she has been dubbed “The Attorney Whisperer.”
Sari is regularly interviewed on TV, radio, and in print, and has appeared in the Atlantic, Huffington Post, The Oregonian, Willamette Week and other publications. Her book, From Hostage to Hero: Captivate the Jury by Setting Them Free was released by Trial Guides in November, 2019.
For more information on Sari de la Motte you can visit http://www.saridlm.com/
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137 – How Michael Leizerman Won $18 million in a Tough Case
As a trucking trial lawyer, if you are compassionate, people can walk all over you and you won’t get good results, you need to be both fierce and compassionate.
On this episode of Trial Lawyer Nation, Michael Cowen and Michael Leizerman discuss the ins and outs of wrongful death litigation. Leizerman draws on his experience as a truck accident lawyer and shares the strategies he used to win a recent $18 million verdict.
He emphasizes the need to have open communication with the victim’s family and draw on their love for the victim. He also stresses that while the client comes first, it is also important to create a compassionate atmosphere by treating the defendant with fairness and compassion. However this compassion needs to be accompanied with fierceness.
Tune in for an in-depth discussion on litigating wrongful death cases, and learn how to draw out the story from the victim’s family, cross-examine defendants, and use a combination of compassion and fierceness to build a strong case.
Featured Guest
Name: Michael Leizerman
About: Michael Leizerman is a founder of The Law Firm for Truck Safety, which handles truck accident litigation across the United States. He is the co-founder of the Academy of Truck Accident Attorneys (ATAA). He concentrates his practice in select catastrophic injury truck collision cases across the country.
Michael was the first Chair of AAJ’s Trucking Litigation Group. He is the author of the treatise Litigating Truck Accident Cases. Michael has taken 15 truck and bus cases to trial since 2006. He has received record-breaking truck accident settlements and verdicts across the country, including multiple verdicts with punitive damages. Michael is also the author of the Trial Guides book The Zen Lawyer: Winning with Mindfulness.
Company: The Law Firm for Truck Safety LLP
Episode Highlights
[02:55] Handling the case in a way that is healing and cathartic: There is usually a lot of pressure to settle wrongful death cases because of the fear of retraumatizing the client. However, an attitude readjustment can help. Talking to the client from day one and discussing outcome goals is important.
[04:50] Spend a lot of time with clients before depositions: In wrongful death cases it is important to prepare clients to talk about the victim with love, since they are the experts on their relationship with the victim.
[07:32] The trial can serve as a healing process: One can be a compassionate lawyer by wishing well for all beings. While there is a duty to the client, you need not be harmful to the defendant. It is also important to help the victim’s family keep hope alive.
[11:43] Getting yourself in the mindset to be present for the client: Team up with other lawyers in the firm so that you can take a break, or take breaks when the client needs them. Meeting clients at their homes—a place where clients are comfortable–helps them open up. By being willing to enter the client’s world you can discover things that transcend demographics.
[17:02] The death of Dylan Monty, a 21 year old: The way the facts are presented can help with showing accountability, habit, and fault.
[22:22] Being fierce and compassionate: While some situations require a lawyer to call out the opposing party, lawyers also need to show compassion.
[28:00] Palpable Loss: By sharing stories during direct examination, the jury can be shown what was taken from the victim’s family.
[34:31] Cross-examining with compassion: Thanking the truck driver for owning up to his part while asking what he is actually owning up to, and having the victim’s family sit out of the courtroom during cross-examination created a compassionate atmosphere.
[40: 00] Traits of a great lawyer: Listening, presence, being vulnerable, and having the courage to stand up are the skills of great lawyers.
[42:00] Growing The Law Firm for Truck Safety: To build the firm, Leizerman focused on choosing partners who shared his same values, were trucking lawyers, and who were both compassionate and fierce.
[44:17] ATAA: The Academy of Truck Accident Attorneys is a group of over 1,200 lawyers and paralegals that focuses on plaintiff’s trucking work. Education, safety advocacy, and sharing knowledge are its primary goals.
[52:02] Zen Lawyer Workshop: Leizerman, along with others, will be teaching at a retreat and workshop in October. For more information see thezenlawyer.com.
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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116 – Michael Bonamarte – What Does It Take to Win a $20 Million Verdict?
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
☑️ 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.
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138 – Unlocking Success: Rick Friedman on Trying Cases, Self-Improvement, and Framing Moral Truth
Losing is what helps us develop as trial lawyers. If you quit too early after losing a case, you will never know the success you could have had.
On this episode of Trial Lawyer Nation, Michael Cowen speaks with renowned trial lawyer and highly influential author, Rick Friedman. Rick has won multiple nine-figure verdicts, including a verdict against Monsanto for $72 million. What is the secret to Rick’s success? Getting out of his own way.
Tune in to learn more about how to frame “moral truth” for the jury and how “uncomfortable facts” can become good facts by controlling the narrative.
Featured Guest
Name: Rick Friedman
About: Rick Friedman is a partner at Friedman | Rubin who built his reputation representing regular people and small businesses injured by large corporations and government entities. He has won large verdicts in difficult cases in the fields of personal injury, defamation, insurance bad faith, and business torts. His books are considered essential reading among trial lawyers and include: Rules of the Road, Polarizing the Case, Becoming a Trial Lawyer, The Elements of Trial, and The Way of the Trial Lawyer.
Company: Friedman | Rubin, PLLP | LinkedIn
Connect: LinkedIn
Episode Highlights
[02:47] How the journey to becoming a great trial lawyer began: Early on, Rick immersed himself in “trial stuff”. Whether it was a book on opening statements or reading about social science, Rick credits various books as having a big influence on his development as a lawyer.
[09:49] Get out of your own way: Rick learned a valuable lesson along the way—not every verdict is a referendum on your worth as a human being and your quality as a lawyer.
[17:04] The power of therapy: Rick and Michael discuss how therapy improved their trial skills.
[22:06] Battle of moral truths: In virtually every case, there’s a conflict going on between certain moral values. The way lawyers frame that moral conflict impacts how jurors view the issues and how they decide the issues.
[26:55] Flip the facts: Rick explains how almost every “bad” fact can become a good fact by controlling the narrative.
[30:20] Rules of the Road: Rick talks about his book, how he develops the ‘rules of the road’ in his own cases, and the importance of simplifying the case for jurors.
[40:59] Maximize your potential: You’ll always do better by just being yourself. Work with what you have, and don’t try to be the next somebody else.
[49:25] Continuous improvement: Lawyers are like messengers–delivering facts to the jury. Good messengers are those who do not promise anything they can’t deliver, are prepared, and are honest.
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.
