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08 – Chad Roberts – Discovery in the Electronic Age of Documentation

In this episode of Trial Lawyer Nation, Michael Cowen sits down with 25+ year veteran of the legal industry and founder of eDiscovery CoCounsel, Chad Roberts.

In a legal world where we are document heavy and paperless, eDiscovery sets out to avoid the abundance of obstacles trial lawyers encounter when in search of documents, be it the dump-truck effect of getting volumes of information or the paid search games that are played.

 

Primarily, people think about documentary evidence which is stored in a digital format, to which the rules have somewhat of a bias toward that type of framework, which tends to be the biggest challenge, explains Chad. He goes on to describe that it is not so much the format by which these documents are held, but rather the sheer volume of content that is available. For those of us who are not experts in e-discovery, not knowing the right questions to ask to receive what is sought after or even what is available to ask for, can make a case challenging. Chad points out one of the biggest “tectonic shifts” in the advantage/disadvantage for discovery really occurred back in December of 2015 with the new Rule 26, pertaining to the proportionality factors that came about under that rule, of which Chad dives deep on along with the ways around it.

 

Chad continues to reveal the dirty little secret that the more you know about the information structure and how documentation is filed, the easier it is to deconstruct the arguments of it being tremendously difficult for the defense to compile what you are looking for … which, coincidentally, is enormously easy for them to produce. Furthermore, Chad describes the other “human nature” side of the story where attorneys psychologically feel that they are out of their element, mostly because they don’t do excessive amounts of document productions, and are more likely to agree to things that are not best for a case.

 

Ideally, as Chad describes, his firm is typically brought in at the beginning of a case and start with  Electronic Storage Information (ESI) protocols, where the front-end platform is established through discussions regarding agreement of the mutual expectations of those involved on the case, and this of course being the best line of defense in counteracting the diversions played by opposing counsel.

 

The podcast concludes with Michael and Chad discussing the types of cases that make the most sense to bring in a firm such as eDiscovery; and the description that Chad offers on why even the biggest of firms would likely have a significant flaw in their practice if they had the capacity of his firm is enlightening and makes perfect sense when you hear it.

 

Background on Chad Roberts

Chad Roberts is a seasoned trial lawyer with a career focused on technology, complex litigation, and multi-district litigation.  He has been a litigation partner at an AmLaw 20 multi-national law firm as well as a small, boutique trial firm, winning multi-million dollar verdicts as lead trial counsel. His focus at eDiscovery CoCounsel, pllc includes predictive coding technology, discovery jurisprudence, and large scale litigation management.  Chad received an Engineering Science degree from the Georgia Institute of Technology and graduated with high honors from the Florida State University College of Law, where he was an Associate Editor of the Florida State University Law Review.

 

 

For more info on Chad Roberts visit http://www.edcc.legal/chad-roberts-bio.html

07 – Matthew Wright – Finding Additional Liability in Shippers and Brokers

In this episode of Trial Lawyer Nation, Michael Cowen sits down with Tennessee trial attorney, Matthew Wright who discusses finding additional liability in shippers and brokers.

Matthew hits the ground running with an all too familiar scenario where a trucking case is brought to your attention, only to find out the trucking company is small with minimal insurance (most people are shocked to learn these companies only carry $750k of insurance). Unfortunately, in these cases it generally doesn’t make sense for a family who has suffered a catastrophic loss to go after these small companies, however, this is where Matthew’s keen awareness of liabilities lying with other parties involved (brokers and shippers) comes into play, and it’s not always obvious. In fact, it’s taken Matthew some time to understand it all, but there is a business model that surrounds the industry regarding how cargo flows from the shipper, ultimately to the receiver, and he’s found it “interesting” how these small trucking companies are getting these loads from the large shipping companies. In these cases, a simple $750k verdict can turn into a $2M, $5M, or even as much as a $10M verdict when the overall liability is investigated beyond just the “mom and pop” trucking company for the sake and benefit of the client.

Michael continues the conversation while overlaying specific scenarios with Matthew to fully understand this process, the parties involved, and investigative tactics trial lawyers can specifically use when combing through documents relating to the case. Matthew even goes into detail by drilling down to the specific terminology used in these cases, such as the differences between a “bill of lading” and a “load tender.” Matthew continues to unveil, piece by piece, some of the pervasive maneuvers used throughout the trucking industry which can jeopardize public safety. Truly an informative and enlightening conversation, even for trial lawyers who only run across these cases every so often. One that will help you gain knowledge about these cases, so you don’t pass over millions of dollars in verdicts for yourself, and more importantly your clients.

The episode concludes with Matthew sharing his journey: the start as a law student to becoming a trial attorney focused on trucking cases … the explanation will likely either surprise you or be completely relatable to your own path as a trial lawyer. Nonetheless, Matthew and Michael alike are always willing to share their knowledge and point to several periodicals and groups that have been instrumental in both their success throughout the years as sources for great knowledge of the industry in the truest form of sharing.

 

Background on Matthew Wright

Matthew E. Wright devotes his career to representing victims of catastrophic truck crashes and improving roadway safety. Frequently associated as co-counsel across the country, he helps identify adequate insurance coverage by exposing the key corporate actors in the supply-chain, including primary motor carriers that attempt to shield themselves from liability through captive brokerage divisions and other shell games.

An alumnus of Vanderbilt Law School, Mr. Wright currently serves as Chair of the AAJ Trucking Litigation Group Journal, serves on the group’s Executive Board and has given several talks on truck safety and contributed articles to trucking-related publications. Mr. Wright has served on the Tennessee Trial Lawyers Association Board of Governors, is a member of the Multi-Million Dollar Advocates Forum, the Gerry Spence Trial Lawyers’ College, the Academy of Truck Accident Attorneys, and the National Trial Lawyers Top 10 Trucking Lawyers.

Mr. Wright lives in Franklin, Tennessee with his wife Lindsay and four children, Helen, Sadie, Isaac and Celie, and is the founding member of Wright Law, PLC.

For more info on Matthew Wright visit https://www.truckinjurylaw.us/about-matthew-wright/

06 – Lisa Blue – A Psychologist’s View on Jury Selection

In this episode of Trial Lawyer Nation, Michael Cowen sits down with legendary trial attorney, Lisa Blue of Baron and Blue.

Lisa’s credentials go on for miles with over $350 million in jury verdicts and an equally impressively long list of hundreds of millions of dollars in settlements; as well as being seen as the national authority on jury selection having written multiple books on the matter and being brought in on mega-cases all around the country. It becomes clear very quickly in her conversation with Michael, that she has put her two master’s degrees and PhD in psychology to great use within the legal field as she recounts her early days in private psychology practice and how she originally became interested in law and becoming a lawyer.

 

Thinking back to her first time in court, her description of the “warm” welcome she got sounded more like jury selection by fire! Fortunately, for her and all of us listening, that experience only fueled her passion for the business and instilled to her how much she loved it, further driving her to continue in this line of work. Lisa goes on to talk about her experiences working for Henry Wade (yes, of Roe vs Wade) and pulls back the curtain on a lunch conversation she had with him, revealing what he said which ultimately led to her pursuing a career as a lawyer. Lisa’s perspective on specializing was also instilled in her early on in her legal career and has since then only strengthened her position in the industry.

 

Michael digs in a little deeper with Lisa regarding the advantageousness of using her background in psychology when talking to clients and is surprised at the commonality that she points out between jury selection and a therapy session. The details Lisa explains about the similarities are profound in theory and yet seemingly approachable in practice. The overall voir dire in both is very noticeable the way she describes it.  Lisa continues throughout her conversation with Michael to deliver powerful tips on jury selection, mindfulness, and success while also acknowledging how the changed political climate has also affected the courtroom.

 

This incredible podcast concludes with Lisa’s outlook on some of the greatest things you can do to grow as a lawyer and even just as individuals in general, each of which truly apply to all of us regardless of years in the industry or specialty. Truly an inspirational icon in the industry and time extremely well spent learning from her.

 

Background on Lisa Blue

Lisa Blue, a lawyer with the Dallas firm Baron and Blue, received her undergraduate degree from the University of Georgia and two master’s degrees from the University of Virginia in Counseling Psychology. After a brief teaching career, she returned to school and earned a PhD degree in Counseling Psychology from North Texas State University and a Juris Doctorate from the South Texas College of Law.

 

After completing law school, Ms. Blue joined the Dallas County District Attorney’s office where she prosecuted more than 125 cases to verdict and later advanced to the DA’s Organized Crime Division. In 1985, she moved to the law firm Baron & Budd where she specialized in environmental and toxic tort law. Lisa and her husband, Fred Baron, supervised 800+ employees and managed all financial aspects at Baron & Budd, the largest environmental law firm in the United States.

 

Ms. Blue’s accomplishments in trial courts nationwide have been widely recognized, including being named one of the Top 50 Women Litigators in the U.S. by the National Law Journal, Trial Lawyer of the Year by the Texas Chapter of the American Board of Trial Advocates, as well as receiving the Honorary Barrister Award from the University of Texas Law School and the Distinguished Alumni Award from South Texas College of Law. Blue was named Trial Lawyer of the Year in 2006 by the Dallas Bar Association. In 2007, she received the Louise Raggio Women’s Legal Advocate Award from Legal Aid of Northwest Texas and was awarded the Ronald D. Secrest Outstanding Trial Lawyer Award from the Texas Bar Foundation in 2008. Ms. Blue was honored to accept the 2009 Rayburn Johnson Award posthumously on behalf of her husband, Fred Baron. In July, 2009 Ms. Blue received Speaker Nancy Pelosi’s “Know Your Power” Award. Selected to the 2014 Texas Lawyers List, an honor reserved for lawyers who exhibit excellence in practice. DMagazine elected her Best Lawyer in Dallas 2014 in Tort Product & Medical Liability Litigation. In April of 2015, Lisa was inducted into the Trial Lawyer Hall of Fame.

 

Lisa’s new quest is campaigning and running for The State Bar of Texas President Elect for 2019.

 

In addition to her legal practice, Ms. Blue maintains a private consultancy as a forensic psychologist and is a nationally renowned expert in jury selection. With her unique background, Blue has been a commentator for several high-profile trials covered by Court TV and has co-authored numerous articles on jury selection.

 

For more information on Lisa Blue, visit https://baronandblue.com/about-lisa-blue/ .

05 – Randi McGinn – A Narrative for Winning Juries and Cases

In this episode of Trial Lawyer Nation, Michael Cowen sits down with trial attorney and prominent legal industry speaker, Randi McGinn of McGinn, Montoya, Love & Curry P.A.

From the very beginning of their conversation, Randi delivers compelling insights on the one thing that still unites people, as well as influences in our decision-making process as humans. She also shares what engrains our decisions moving forward in trials, as well as in “real life” more times than not, regardless of what future evidence is acknowledged and/or presented.  More importantly is the necessity for trial lawyers to know and understand this concept in order to be able to implement it in a trial situation from the very beginning of a trial to impact a jury’s decision. Going even a step further, Randi relates this tactic to putting the jury in the “zone of danger” in order to make things more relatable to them through their own eyes versus their own logical view of how a scenario would likely play out. Truly a fascinating viewpoint and provocative example that is given, one that all lawyers should take note of.

Once the concept is revealed, Randi does a deep dive on knowing how to apply it, to which Randi describes her own firm’s use of focus groups in determining the best strategies toward figuring out the best way to leverage the information a trial attorney has at their disposal. Funny enough, some of their best ideas come from “ordinary people” seeing as attorneys can tend to become narrow minded when approaching another case. Fortunately, Randi’s approach is less like classical music where you have rules to follow and more like jazz where there are many ways to approach the narrative of a case. Having said that, Randi also notes that sometimes the work equated to a case is 200 – 300 hours outside the courtroom for every 1 hour inside the courtroom, which is part of what makes her and her firm so good at what they do.

Michael and Randi expose the dirty little tricks defense attorneys play against plaintiff attorneys and the “little guys” they represent, as it’s important to note that many jurors may not have any concept of how difficult that fight may be. Furthermore is the uphill battle regarding the misconception most have of people getting hurt and thinking “oh goodie, I have a lawsuit” while truth be told, the process to recovery is not an easy one, and in some cases is impossible.

The episode wraps up with a discussion aimed specifically at female attorneys entering the field and advice from Randi on how best to take things on, as well as for the men in the industry who want to empower women to help make the world a better place. Both Michael and Randi have some amazing insights to share which are beneficial regardless of gender or tenure.

 

Background on Randi McGinn

Randi McGinn is the author of “Changing Laws, Saving Lives:  How to Take on Corporate Giants and Win,” available through Trial Guides at:  http://www.trialguides.com/book/changing-laws-saving-lives/  Trial Lawyer Nation listeners can receive a $10 discount on the book by using the code LAWSLIVES10.

She is one of the country’s leading trial lawyers, having tried over 130 cases. The first woman president of the Inner Circle (100 best trial lawyers in the US), she is known for her creativity in the courtroom and use of demonstrative evidence to visualize opening, direct, cross-examination and closing argument. She has destroyed adverse witnesses by leaving a pretentious Beverly Hills doctor standing in front of the jury covered with post-its and clutching a grapefruit to his chest, by grilling a government snitch until he threw up and by exposing the fact that a world-renowned polygraph expert had been polygraphing his own sperm cells in the dead of night. In a particularly hard won police shooting case, the local SWAT cops once put her face on their Christmas pinata and took turns whacking it with a big stick.

She recently was appointed as a special prosecutor and tried the first murder prosecution in over 50 years of an Albuquerque police officer for an on the job shooting.

She started her career by giving birth to her daughter Heather, now age 37, the day before the 3-day bar examination.

Senior partner in a 5 woman, 2 man law firm in Albuquerque, New Mexico; double listed in criminal and civil litigation in Best Lawyers in America; International Academy of Trial Lawyers fellow; past AAJ Governor; past president of the New Mexico Trial Lawyers’ Association; NACDL board member, NITA-NCDC-UNM adjunct instructor.

 

For more info on Randi McGinn visit https://www.mcginnlaw.com/About-Us/Randi-McGinn.shtml

04 – Tim McKey – The Business Side of Practicing Law

In this episode of Trial Lawyer Nation, Michael Cowen talks with Vista Consulting’s Owner, Tim McKey, who has been consulting on operational matters with successful plaintiff law firms since 2008.

Tim’s CPA background steers his focus toward numbers and metrics but he concedes that there is a lot more that goes into running a successful practice such as culture and human resources, which allows him to approach firms from a holistic stance. As a client of Vista, Michael shares that he has a personal appreciation for Vista’s value to plaintiff firms, which he also acknowledges has allowed him to sleep better at night knowing the firm runs smoother than ever.

Michael explores with Tim his launching point in working with plaintiff firms; and discovers the strategic decision Tim made after owning his own CPA firm, which drove him to work with attorneys in a big way. Tim also describes his passion for helping firms define success and desire to help CHANGE the score instead of just KEEPING the score as a substantial motivation. During his transition to the consulting world, Tim lightheartedly recalls how similar the process turned out to be for his first two clients; those being a plaintiff’s attorney and a business at the polar opposite end of the spectrum (tune in to hear what the other business was). The process Tim uses to examine and analyze a firm is noted to work regardless of years in practice and focuses specifically on tightening up potential deficiencies within the firm and its client acquisition practices.

While being empathetic to the fact that attorneys in general are not introduced to business practices before setting out to run their own law practice, Michael recalls his early days in another law firm where trial and error was the modus operandi of their operations, long before he was introduced to Vista’s techniques. The difference between effective and efficient systems and processes are the cornerstone to what Tim advises throughout this episode as he offers listeners insights into breaking down their firm’s data to a dashboard view of the practice and what to do next.

This podcast concludes with Tim explaining things a step further to amplify the importance of having a project point person throughout the process of using what he calls the “public restroom theory.” It’s a wild analogy, but it hits home tremendously to anyone who tends to have lists of 100 “great ideas” being worked on by the firm. And for anyone who has felt the pain of turnover in their office, Tim talks about the mentality of “hire slow and fire fast,” along with the tools, training, and expectations being a key part in the onboarding process to set an employee up for success.

Background on Tim McKey

Tim co-founded Vista Consulting in 2009 with a vision to help plaintiff law firm owners reach their full potential. Tim has traditional CPA experience with local, regional, and national CPA firms. However, it is through Tim’s prior consulting practice that he found his passion. He has worked with many business owners assisting them with defining and attaining success in their business and personal lives.

Tim’s experience and interest allows him to assist Vista clients with developing a realistic vision of their firm into the future, creating a strategic plan to achieve that vision while working with firm owners in designing their desired lifestyle. Tim assists his clients in reviewing firm tax entity structure and accounting systems analysis, and financial reporting.

For more info on Tim McKey visit https://www.vistact.com/meet-the-team/tim-mckey.

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