Episode

Lawyers know their cases backwards and forwards. However, jurors may need help honing in on the most important elements of a case. Visual trial strategy helps create a series of clear, tailored exhibits to present to a jury at trial.

On this episode of Trial Lawyer Nation, Michael Cowen talks to visual trial strategist, Amy Hall. Amy discusses her tried-and-true three-exhibit formula–the anchor, the link, and the payoff–which she uses to distill everything in a complex case into these three themes. Additionally, Amy explains that because jurors learn better by combining both visual and auditory means, she always recommends using physical exhibits while presenting your case instead of fumbling over technology. Tune in to learn how to employ visual trial strategy to guide juries through trials.

Featured Guest

Name: Amy Hall

About: Amy Hall’s background in cognitive science, journalism, the gambling industry, advertising, and graphic design, has given her a unique and highly relevant skill set for litigation strategy. She combines exceptional design, editing, and writing with real-world insights on decision-making and emotion to distill case themes into an effective visual strategy. She helps identify the difficult truths in a case, and then helps resolve them, providing tangible, ready-to-use tools that address the toughest case issues.

Company: Amy Hall’s Visual Trial Strategy

Connect: LinkedIn | Trial Strategy Academy CLE

Episode Highlights 

[2:10] What is Visual Trial Strategy?: Visual trial strategy involves demonstrative exhibits that are interrelated, interdependent, and strategically sequenced to support every meaningful point in your case. It’s a process that starts early in case development. 

[8:38] Learning From the Best: Amy’s first introduction into the world of litigation strategy came from famed strategist Ronald Jew, who taught her how to analyze cases and teach them visually and persuasively to juries.

[10:36] Developing a Visual Trial Strategy: Start by writing a neutral statement of the case that distills the case down to two pages. Then identify any landmines that might kill your case so that you know how to attack them. 

[13:22] Single Point of Failure: After you’ve laid the foundation for your trial strategy, you must then find the “single point of failure” in your case–why this happened and why it should have been prevented. For example, Amy will look for systemic failures that caused the harm, not just a single bad actor.

[16:36] Visual Trial Strategy Timeline: Amy will work on only one case at a time, including unpacking the case, putting it back together and creating demonstrative exhibits. However, this iterative process is not just about images to show the jury, but also should focus on the words used.

[19:51] Teamwork Makes the Dream Work: Amy prefers working with all members of the team, so long as it doesn’t exceed five people. With more than five people, there tends to be too many cooks in the kitchen.

[21:06] “No One is as Smart as Everyone”: Paralegals and legal assistants are not afflicted with the “curse of knowledge,” so they are invaluable in preparing for a trial. Their view of the case will be closer to a juror’s than the attorney who is deeply entrenched in the case, so be sure to thank your support staff!

[22:38] The Formula for Exhibits: Amy and her team will create a three-exhibit set–the anchor (preexisting conditions), the link (bad acts of the defendant), and the payoff (damages). Every fact in the case will fall into one of these three categories.

[25:36] Anchor-Link-Payoff Example: In a trucking case, for example, the first exhibit would be the safety measures and regulations in place for trucking companies. The second exhibit would be the trucking company putting an unsafe driver behind the wheel, and the third would be the harm to the plaintiff.

[29:04] Teaching the Formula Visually: Using a document deconstruction, Amy will simplify authorities and sources and provide the jury with a takeaway in a “chatty yellow box.” Michael now insists that his expert witnesses use this format in their testimony.

[32:01] Cases Should Feel Simple: When you’re using the three-exhibit set correctly, the case should be easy for jurors to understand, which allows you to earn their trust. From there, you can teach complex topics because they all ultimately boil down to your basic formula.

[34:34] The Benefits of Physical Exhibits: Based on her experience in over 400 cases, Amy has learned that jurors learn best from physical boards, even if it requires more preparation. Fumbling with technology will hurt your credibility, but don’t forget to practice with the physical boards too.

[40:38] Visually Depicting a Client’s Harm: Instead of relying on impersonal medical illustrations, focus on loss of function, including what they liked to do before the harm occurred. To demonstrate this, you can use the same three-exhibit set to present medical damages.

[43:22] Starting Early: Michael begins asking about the client’s life before the accident in their very first meeting. Ask your clients and their families early and often for pictures that you can begin using at mediation to signal to the defendant that you’re ready for trial.

[48:27] Cognitive Rationale for Visuals: Vision is key to how people learn, remember and care about things, but language is also vital. Visual trial strategy merges both to most effectively help jurors understand the material, even as they tune in and out.

[52:16] Repetition is Valuable: Jurors love when you show them your most important benchmark or keystone exhibits more than once. These help them link all the information together, which is another reason physical boards are preferable.

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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.

“The relationship between the expert and the lawyer is a lot like a horse and a rider. I don’t want you to lead me in a dangerous situation, and I don’t want to lead you in a dangerous situation.”

On this episode of Trial Lawyer Nation, host Michael Cowen is joined by his partner Sonia Rodriguez, for a discussion on the dos and don’ts of working with retained expert witnesses. Sonia and Michael discuss the importance of consistent communication with your expert and remembering that while they may be the expert in their field, you’re the expert in the courtroom. Experts are equipped with technical knowledge, but when it comes to getting a jury to believe your story, it’s best to keep things simple. Just like a rider guides a horse, lawyers must guide their experts–the expert must know why they’ve been hired and how the lawyer sees them fitting in the case.

Featured Guest

Name: Sonia Rodriguez

About: Sonia Rodriguez, a native of San Antonio, Texas, is a partner at Cowen Rodriguez Peacock. Sonia has represented only plaintiffs for nearly 20 years, and she practices in the areas of personal injury trial and appellate law. Beyond the practice of law, Sonia has provided unwavering support to a number of important civic and community causes, including the Young Women’s Leadership Academy and the SAISD Foundation.

Company: Cowen Rodriguez Peacock

Connect: LinkedIn

Episode Highlights 

[2:07] The frustration of experts who don’t cite their sources: Retained experts may refuse to back up their opinions with authorities and publications, however, it’s vital that juries hear those citations. The best kinds of experts are natural teachers who want to back up their opinions with data. 

[5:42] Dealing with unwieldy experts: When faced with an expert who doesn’t want to anchor their opinions, Sonia reminds the expert that she is trying to protect them because Daubert motions are a real risk. 

[7:37] Ensuring nothing is missed: In order to keep everyone on schedule, Sonia communicates with her experts early and often, and always provides a “fake” deadline that builds in plenty of room for flexibility. Sonia also tells experts what they will be using to tell their story to the jury, so they can craft their trial testimony accordingly. 

[14:00] When one expert relies on another: Sometimes experts rely on the opinions of another testifying expert to craft their report, so Sonia recommends connecting experts and coordinating schedules as early as possible.

[19:42] How to ensure testimony is cohesive and persuasive: Sonia suggests figuring out where the expert’s opinion fits into your larger story at trial to utilize their testimony most effectively. Keeping the opinions in plain English is always a must.

[24:45] “Dr. Jekyll and Mr. Hyde” Experts: Sometimes experts can be charming and forthcoming on direct examination, but completely turn into another person on cross-examination, becoming defensive and argumentative. That’s when you know it’s time to stop using those experts!

[26:53] Pitfalls of listserv recommendations: While Sonia praises fellow members of the plaintiff’s bar for providing expert recommendations on the listserv, Michael cautions that you must always take these recommendations with a grain of salt and consider the source.

[30:20] Sonia’s final advice on experts: Don’t rely on staff to handle communications with experts; managing experts yourself minimizes the risk of miscommunications. Next, don’t forget to provide experts with key discovery materials as they are uncovered. Finally, build a personal relationship with experts.

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.

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.

Lay witnesses. Whether you call them eyewitnesses, ‘before and after’ witnesses, or damages witnesses, you need them to help you make your case. And sometimes the most unexpected ordinary people can be the greatest witnesses. 

“There’s obvious ones like the spouse or the children or family members of your plaintiff. But beyond that, there’s coworkers, there’s neighbors, there’s the pastor, there’s the guy that runs a corner store at the end of the block, their kid’s teacher…it could be a whole universe of people out there.”

On this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock explore how to identify potential lay witnesses and the importance of building trust with these witnesses to ensure that they feel comfortable disclosing pertinent information. They also examine the importance of obtaining visual evidence, such as photos and videos, to make events more real for jurors. But when it comes to getting these lay witnesses, lawyers have to be willing to do the legwork.

Tune in to gain valuable insights and strategies for building a compelling case through effective lay witnesses.

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 PeacockConnect: LinkedIn

Episode Highlights 

[03:28] Don’t call lay witnesses “moaners and groaners”:  Labels and words matter because they impact client and staff mindset. Clients are supposed to be survivors and not victims.

[05:59] Bullseye of witness credibility: Michael emphasizes the need to go beyond the obvious best friends and family members when identifying witnesses.

[08:48] Demystifying the legal system for witnesses: Lay witnesses don’t have any experience with the legal system. What they know is what they see on TV and it’s super dramatic. So explaining that to them is important in order for them to be comfortable in sharing their stories.

[13:30] The magic number for lay witness selection: Michael explains their process for getting quality witnesses.

[14:21] How to build trust with lay witnesses: Michael and Malorie share their insights on what you need to do to find, meet, and earn the trust of lay witnesses, and whether you meet them individually or in a group setting.

[27:26] Extracting the best witness testimony: Michael and Malorie emphasizes the importance of tailoring questions to the witness, the nuances of guiding non-natural storytellers in describing experiences, and how exploring the before & after of the plaintiff’s life can provide a richer narrative for the court.

[29:23] Using visuals to connect, comfort, and convince: Learn how the use of visuals provided by lay witnesses not only contributes to the credibility of a witness’s testimony, but also serves as a tool to calm nervous witnesses and help them relate their story with more ease and confidence.

[33:01] Nobody gets the witnesses that lawyers get: While you may be able to have your paralegal get things started, putting in the work yourself can lead to the discovery of more witnesses and better witnesses to build a compelling case, understand your client’s story, and tell it at trial. 

[35:37] The impact of early lay witness disclosure: Grasp how this strategy can shape the opposition’s perspective and recognize the dual role it plays – fostering comprehensive case readiness and sending a strong signal to the defense about your intentions.

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.

There are great episodes and there are John Romano episodes. This is not one you want to miss.

On this episode of Trial Lawyer Nation, Michael sits down with legendary trial lawyer John Romano as he shares wisdom acquired over five decades of law practice. John reveals valuable insights into the mindset of a winning trial attorney, practical preparation tips, the importance of  jury research, and even shares his pre-trial preparation checklist. Through personal anecdotes, John also addresses the fear frequently felt by young lawyers and offers practical advice for persevering.

There’s still time to sign up for Cowen’s Big Rig Boot Camp CLE Trucking Seminar. We’ll be covering the Nine-Step Method for Maximizing Value in Trucking Cases, Proving Corporate Negligence, Claims Against Other Parties, and more! Register now at BigRigBootCamp.com

Featured Guest

Name: John Romano

About: John Romano is a founding partner of Romano Law Group, a personal injury law firm located in West Palm Beach, Florida. John has successfully represented clients in a wide range of personal injury cases, including auto accidents, wrongful death, medical malpractice, and has successfully litigated to a verdict nearly every type of civil and criminal case. He is a civil trial advocate board-certified by the Florida Bar and the National Board of Trial Advocacy, as well as the American Board of Professional Liability Attorneys.

Company: Romano Law Group

Connect: LinkedIn

Episode Highlights 

[03:52] A marine’s leap into the legal world: John, a former marine, recounts his journey of finding his true calling as a trial lawyer.

[09:11] The vital role of mentors, seminars, and practical skills: John attributes his professional growth to the valuable lessons absorbed from seasoned lawyers and extensive workshops. He also delves into learning about the innovative use of jury research via mock trials and focus groups which honed his trial abilities.

[12:12] Debunking the myth that ‘it’s so tough to get trials’: Romano argues that trials are there, but that sometimes plaintiff lawyers look for ways to get out of trying a case. But he underscores that the client’s welfare should remain the overriding factor in all decisions. 

[15:33] Fostering hope in the face of legal challenges: John goes into the mental aspects of lawyering, particularly the interplay between fear and hope during trials. He advocates for embracing fear, transforming it into courage and action in the interest of clients. 

[23:30] Secrets in tackling a spectrum of cases and strategies: Romano shares insights from a variety of civil and criminal cases.

[29:08] The power of early preparation and preservation of evidence: John emphasizes the importance of proactive case preparation. He details the process, from the preservation of evidence to theme development, treating depositions as significant events, and the utility of written discovery. He also endorses early engagement with a trial consultant.

[33:18] Unpacking the pre-trial preparation checklist: John shares his pre-trial preparation checklist includes communication with defense counsel and going over deadlines, among other things.

[39:14] Leveraging facts, jury research, and persuasion: Romano shares his key strategies for successful case handling, underscoring the role of good facts, jury research, compelling opening statements, and effective persuasion techniques.

[44:29] Communicating effectively for impactful legal arguments: John explores the art of persuasion, emphasizing its role as a tool to help others understand and connect with one’s ideas rather than to force acceptance.

[47:34] The profound influence of mentors in the legal profession: Concluding with a poignant reflection on mentorship, Romano asserts its profound importance. Mentors, he says, offer more than just knowledge; they provide guidance, protection, and personal fulfillment, and can come from any walk of life.

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.