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12 – Eric Penn – $89M Worth of Experience

In this episode of Trial Lawyer Nation, Michael Cowen sits down with Founding Partner at The Penn Law Firm, Eric Penn. To start things off, Eric describes his decision to focus on trucking cases and how it came from the simple fact that we can all relate to them. In fact, everyone (including attorneys) share the road with 18 wheelers. Eric goes on to point out that the general view point of “cases never looking better than when you first work them up,” while true at times, seems to go the other way with trucking cases where they get consistently better the more you roll up your sleeves and dig into them.

 

Speaking of rolling up sleeves and digging in … Michael and Eric pull back the curtain on what turned out to be an $89.6M verdict for the bulk of this podcast, which in and of itself is enlightening, educational, and impactful.

 

The brief synopsis of the case would likely have many attorneys passing on the case from the very start considering how things looked on the surface – A mother with 3 children in the car, running errands on a Texas highway, hit a patch of black ice, loses control of their vehicle sending them through the median into oncoming traffic and is struck by an 18 wheeler, and the police report indicating that there was no fault to be placed. Michael suggests that more than 98% of personal injury attorneys in the state would likely not take on such a case and the others might even look at it and see a $1-2M settlement, which obviously wouldn’t be enough once you hear the unfortunate circumstances the victims faced moving forward. But not Eric!

 

Eric’s reasoning behind taking the case stemmed from getting to know the case on a deeper level, understanding that the injuries were dramatic, and having an in-depth knowledge of the Federal Motor Carrier Safety Regulations (the green book) and CDL Manual’s Safety Rules that are in place to protect all of us who share the road with 18 wheelers, citing one of the chapter’s intent is literally to “prevent crashes and save lives.” One might think that this type of case would revolve around the approximate 3 second sequence of the crash itself, but Eric’s explanation of how their focus became everything but those 3 seconds really shed a light on how this type of case can quickly grow to a much more substantial and just verdict. Spoiler Alert: Eric notes that EVERY case he has come into has 100% of the time been about the company behind the truck driver and how that company operates its fleet, making them much more responsible than they may like to admit. The compassion Eric demonstrates in describing his mental process in the decision to take on a case like this is palpable.

 

The details surrounding this case that Michael and Eric discuss are apt to be a significant learning tool from which any attorney can stand to learn.

 

Background on Eric Penn

Eric T. Penn believes that in order to keep our families and communities safe, we have to hold people or corporations who choose to violate safety rules accountable for the injuries and conditions they create. That is why he has been an outspoken advocate for seriously injured people for more than seventeen (17) years. He represents people who have been permanently and seriously injured through no fault of their own.

Eric is a born and raised Texan. He is a 1998 graduate of Baylor University. He received his Juris Doctorate (J.D.) from Baylor University School of Law. He was admitted to the practice of law in Texas and the U.S. District Court for the Eastern District of Texas in 2001.

A Trial Lawyer’s College (TLC) graduate, Eric is a frequent lecturer on Trucking litigation throughout the country. He is a member of American Association for Justice (AAJ) Trucking Litigation section, Attorney Information Exchange Group (AIEG), Academy of Trucking Accident Attorneys (ATAA) and the Texas Trial Lawyers Association (TTLA).

For more info on Eric Penn visit:

https://thepennlawfirm.com/about-the-firm/our-attorneys/

11 – Morgan Matson – A 360˚ Look at Legal Industry Recruiting

In this episode of Trial Lawyer Nation, Michael Cowen sits down with licensed attorney and founder of Preferred Counsel, Morgan Matson. Morgan specializes in connecting job seekers with great firms and vice versa for law firms and legal departments in companies of all sizes who are look for legal talent.

Starting as a litigator doing mass pharma defense work, then moving on to work for a smaller boutique firm handling medical defense litigation, Morgan found his purpose to be more of a “connector” than a “divider” which then drove him to start working for a recruiter and ultimately owning his own recruiting firm since 2007. He notes his enjoyment for working with small to mid-sized law firms mainly due to finding that “all the boxes that need to be checked” when those firms are looking for a candidate, become amplified when the office dynamics are much more close-knit than in a larger firm.

 

In a world that has taken “digital” job searches to seemingly every corner of the globe, Morgan is not only happy to be a legal “headhunter” but explains that his localized, relationship-driven recruiting tactics actually have an even greater competitive advantage in this day and age. Morgan leverages his experience as a litigator to find the needle in the hay stack for law firms, oftentimes finding the people who are NOT actually looking to make a move to be the best candidates as they are happily working … until Morgan calls with a very unique opportunity. Michael also points out from his own experience the troubles that come with having to sift through hundreds of resumes and find many with exaggerated qualifications.

 

For those who are looking to break into the legal industry, Morgan sites that recruiters can be an extremely good resource along with professional social media platforms, such as LinkedIn. Morgan elaborates on LinkedIn as being a fairly under-utilized resource in that there are many groups you can join and ways you can find commonalities with others who are doing what you want to be doing, at which point you can connect with them and find out if there is an opportunity foreshadowing or being hired at their firm. Michael and Morgan also discuss the need to get involved and start having conversations with those who you aspire to work with, whether that’s through attending CLE courses and starting conversations, or by simply picking up the phone and politely pursuing those who are either in the position you want to be in or who may have the ability to hire you. All of this contact, of course, should be done with respect and in search of understanding what it may take to achieve your career goals.

 

Morgan reveals several other tips for candidates and those looking to hire talented legal professionals throughout the podcast and ends with a striking description of his firm’s fee structure, for both candidates and employers, which is likely not how you think … remember, “relationship-driven.”  Michael also uncovers a particularly beneficial reason to utilize a recruiter which ALL law firm partners can certainly relate to. All in all, Morgan is the type of recruiting resource any candidate can appreciate and any sensible law industry employer needs.

 

Background on Morgan Matson

Morgan is a 1999 graduate of The University of Texas School of Law. From there, he worked as a litigation associate with Fulbright & Jaworski (n/k/a Norton Rose) and later Ball & Weed, a litigation boutique where his practice focused on the defense of healthcare professionals in civil litigation matters and before the state licensing boards. In 2007, he founded Preferred Counsel, a legal recruiting firm focusing on the placement of lawyers and support staff in law firms and corporate legal departments throughout Texas on a direct hire, contract, and part-time basis.

 

For more info on Morgan Matson visit:

www.preferredcounsel.net

10 – Marion Munley – Building Equity in the Legal Industry from the Inside Out

In this episode of Trial Lawyer Nation, Michael Cowen welcomes board certified and award-winning personal injury lawyer, Marion Munley of Munley Law. Marion describes the long family history of strong female influencers who impacted the direction she took in becoming a trial attorney, as well as the inspiration she has drawn from them when giving back in a male-dominated industry.

 

Marion looks back at some of her more prominent cases in the trucking industry and recalls the lessons learned from research and expert testimony. The sheer volume of interstate highways that converge in her geographic location uniquely, and unfortunately, provide ample trucking cases which has only made her expertise in this focused field more honored. As the Chair-Elect of the AAJ (American Association for Justice) Trucking Litigation Group, Marion’s public speaking engagements have been vast in the trucking litigation arena.

 

Marion and Michael also explore some polarizing differences in approach when obtaining new cases or referrals and how egos, verdicts, and humbleness do not all fit into the same trial attorney personalities. Marion describes her approach to this and where it’s taken her over the course of her career. Hint, hint, her solid credentials tend to speak volumes, which they both agree are always to be added to in any successful practice.

 

Marion’s advice to lawyers moving into personal injury law is shared and she speaks directly to the importance of mentorship, training, and opportunities needed to be displayed to the next generation of trial attorneys. In fact, based on a study shared by the ABA, Marion sites that “we know that more women have to be groomed and mentored to become first chair as there are women out there that are VERY capable and would be great trial lawyers who are just not getting the opportunity, and that all begins with just mentoring and trying to help young lawyers navigate what to do with their careers”… which is not often an easy task. It is clear and evident that Marion’s passion for mentorship comes from a desire to further add and build more equity into the industry.

 

Background on Marion Munley

Marion Munley is a senior partner in the Scranton law firm Munley Law. A champion of victims’ rights, Marion devotes her practice to representing individuals and families in personal injury litigation, with a special focus on cases involving commercial truck and tractor trailer accidents. Marion completed her undergraduate degree from the University of Scranton and earned her J.D. from Temple University School of Law.

 

Marion is an active member of the American Association for Justice and currently serves on the AAJ Board of Governors. She is Chair of the AAJ Women Trial Lawyers Caucus and the first female Chair-Elect of the AAJ Trucking Litigation Group.  Marion also serves on the Board of Trustees for the National College of Advocacy.  She is a member of the Pennsylvania Association for Justice where she serves on the Board of Governors and on its executive committee.

 

Munley is the second woman in Pennsylvania to become Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy. Among her other professional affiliations are the American Board of Trial Advocates and the International Society of Barristers.  She has been named to the Best Lawyers in America list by Best Lawyers since 2012. Marion has been selected to the list of Pennsylvania Super Lawyers for the last 15 years and has been consistently recognized as one of the Top 50 Women Lawyers in Pennsylvania by Super Lawyers Magazine.

 

Marion frequently travels throughout the United States to lecture on trucking litigation, and recently published an article in Trial Magazine on retrieving electronic data from a crash.

Throughout her career, Marion has demonstrated an unwavering commitment to mentoring other women lawyers. In 2016, the Pennsylvania Bar Association honored Marion with the Lynette Norton Award in recognition of her excellence in the law and her dedication to mentoring other women lawyers.

 

Click here for more information on Marion Munley

https://munley.com/our-attorneys/marion-munley/

09 – Artemis Malekpour – All-Inclusive Trial Strategy

In this episode of Trial Lawyer Nation, Michael Cowen sits down with nationally renowned trial consultant, Artemis Malekpour whose strength lies in her trial litigation strategy consulting. She describes it by boiling it all down to, “we help your case.” However, the sheer magnitude of the scope of her work ranges from before you even file a case, to the end result, and everything in between, including focus groups, trial strategy, mediation strategy, discovery, pre-suit issues, voir dire, and opening statements to name just a few. Artemis describes her entry into the profession as coming initially from a background of psychology and starting down the pre-med path when realizations came to her, along with a pretty dramatic chain of events, that aligned her studies with a passion toward the legal industry. Her dilemma with the situation turned into learning more and taking in feedback from many different subsequent cases and being introduced to them from the inside, which eventually confirmed she was heading in the right direction for herself.

 

Empathizing with Michael, who also has a psychology degree, Artemis describes several of the cases she’s been through where the emotions start to take over and the desire to help everyone kicks in. Both Michael and Artemis give several examples of intake processes now firmly in place to help avoid accepting cases which are not suitable to take on both for the good of the firm or for the good of the client.

 

Artemis also opens up about her focus group experiences across the country, averaging sometimes around 40 per year, and divulges some of the trends she is seeing as a result of our current political climate. An interesting moment is the conversation between she and Michael about the power of silence, be it in the courtroom or with a focus group, and how it can be used to benefit your case. And while this technique and others are discussed, Artemis reinforces the importance of understanding there is no “magic formula” for success and describes what she believes the best trial lawyers do after trial.

 

The insights Artemis shares throughout the conversation are not just insightful, but practical toward any case. Michael jokingly refers to these insights as a “list of the things we do to screw up our own cases.” But we also know even that depiction is sometimes an understatement, which is why talking with Artemis was such a pleasure in this episode. She tells it like it is, and we all come out better on the other side.

 

Background on Artemis Malekpour

Artemis Malekpour is a partner in the litigation consulting firm of Malekpour & Ball.  With a background in psychology and psychiatric research, she specializes in focus groups, case strategy, damages and jury selection.  Artemis did her undergraduate work at the University of North Carolina at Chapel Hill, then earned a Master’s in Healthcare Administration from UNC’s School of Public Health and law degree with honors from Duke University.  She has consulted on a wide variety of cases across the country, with a knack for identifying potential landmines, incorporating her knowledge from years of watching jury deliberations and talking with jurors.

 

For more info on Artemis Malekpour visit https://www.trialguides.com/authors/artemis-malekpour/

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 www.edcclaw.com

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