Episode

If you practice law long enough, you are bound to come across a difficult client. On this episode of Trial Lawyer Nation, Michael and Malorie tackle setting expectations for communication, documenting actions taken in each case, and laying the groundwork early for client satisfaction.

The episode also explores the challenges of identifying the source of clients’ demands and concerns, and reminds listeners that it is ultimately the client’s case and that they have the final say.

Additionally, Michael and Malorie discuss the essentials to a successful law practice such as: the importance of keeping promises and the significance of clients who are willing to trust their lawyer’s advice.

Finally, Cowen’s Big Rig Boot Camp CLE Trucking Seminar is discussed, where interested parties can register to learn about topics such as maximizing value in trucking cases, proving corporate negligence in company vehicle cases, and more! Visit Cowen’s Big Rig Boot Camp to register.

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 Peacock

Connect: LinkedIn

Episode Highlights 

[04:31] Trial guide book and Boot Camp announcement: Michael shares his upcoming trial guides book, his mini-method, opening statements guide, & key resources, all available at the Big Rig Boot Camp. 

[06:54] Into the mind of a difficult client: Understanding the reasons behind their clients’ challenges with empathy will enable lawyers to better navigate their clients’ needs during their toughest times. 

[08:28] Navigating demands and emotional challenges of both yourself and your clients: Approach difficult conversations with patience, and focus on getting in the right headspace to listen and to care. 

[11:22] Effective client communication is key to retention: Set clear communication expectations, such as frequency and preferred method of communication, to ensure client satisfaction.

[19:21] Case management programs: Highlighting the benefits of using case management programs to document conversations, provide records, and clarify who spoke with the client.

[22:17] Boundaries and Expectations: It is important to tell clients how and when their lawyer is accessible, and their lawyer’s preferred work style, such as whether they can expect their lawyer to answer an unscheduled phone call from them.

[25:34] Client decision-making in legal cases: Discussing instances where clients demand extreme settlement amounts or engage in negotiation strategies that may hinder the possibility of reaching a favorable resolution.

[33:30] Surviving toxic clients: Is the juice worth the squeeze? Michael and Malorie discuss the importance of identifying when a client is not the right fit, and taking appropriate measures to address such situations.

[40:53] Keeping clients happy: Sharing insights regarding instances where clients may prioritize closure, healing, and emotional well-being over maximizing financial outcomes, and strategies lawyers can use to build trust with their clients.

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.

On this episode of Trial Lawyer Nation, host Michael Cowen is joined by Peter Anderson, a former insurance claims manager, renowned trial lawyer, and founder of the Law Offices of Peter M. Anderson. 

They discuss Peter’s innovative use of simple props and analogies to convey complex medical information to juries, the importance of being calm and prepared in trials, and the challenges of selecting arguments. They also delve into the significance of empathy and respect in depositions, Peter’s approach to calculating damages, and the value of self-care in maintaining a successful legal career. Peter shares insights from notable cases he has worked on, emphasizing the importance of knowing oneself and mastering the art of oration, as well as understanding insurance companies’ tracking methods in settlement negotiations.

Featured Guest

Name: Peter Anderson

About: Peter M. Anderson “PMA” is a former insurance claims manager, national trial tactics lecturer, and expert dirt bike racer. He has tried jury trials every year for two decades, and during this time he’s won over 96% of his jury trials. Attorney Anderson has received money in 16 straight jury trials, and in the past two years he has tried five 18-wheeler semi-truck jury trials. Colorado-based attorney Anderson co-counsels large semi-truck cases, and this year, in 2023 alone, he’s received over $12M in jury verdicts, and with his truck crash settlements this year has exceeded $40 million.

Company: www.coloradopersonalinjury.com

Connect: LinkedIn

Episode Highlights

[07:42] Effective communication with props and analogies: Peter uses props and analogies to explain things like nerves carrying pain or illustrating the weight of the human head, to help jurors understand complex concepts.

[13:56] The importance of self-education and personal growth: Peter engages in constant learning through reading trial guides and holding seminars. He also dedicates himself to self-improvement, waking up early to practice voir dire and voice work. 

[25:40] Developing an emotional connection with juries: Peter builds credibility, trust, and emotional connections with jurors by sharing vivid scenes and stories that resonate with them.

[28:27] Gathering powerful stories: Peter spends time listening to clients, seeking powerful moments that emotionally resonate. He uses the “20-20-20 rule” to identify critical aspects of the case.

[33:15] Respecting experts and delivering strong closing arguments: Respecting experts, choosing the moral high ground, and delivering compelling closing arguments that connect with jurors’ emotions are all important.

[49:36] Distinction and board certification for trial lawyers: Peter and Michael discuss the possibility of a distinction or board certification for trial lawyers to recognize the specific skills and dedication required in trial work.

[54:18] Uncertainty and change in the legal industry: Peter and Michael express uncertainty about the future of the legal profession. They discuss the rise of trial teams in advertising firms and the potential impact of non-lawyer ownership of law firms.

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.

In this week’s episode, Michael Cowen and Malorie Peacock discuss the importance of accurately valuing personal injury or wrongful death cases.

They recommend lawyers form groups to discuss and share insights on case valuation, using a carefully curated form to identify critical factors influencing a case’s value.

The round table can also provide a more confident and persuasive stance when negotiating with insurance companies or at mediation. Michael and Malorie emphasize the importance of determining when a case is ripe for settlement and the need for sufficient information to be gathered before engaging in negotiations. They challenge the notion that sending a demand letter makes a lawyer look weak and highlight the importance of considering all relevant factors, such as medical bills, potential for future treatment, insurance coverage, and the likelihood of winning at trial.

Case valuation is an art that requires careful analysis and consideration of all available information. The attorneys also encourage lawyers to form mastermind groups to share ideas and perspectives on cases, improving their knowledge and skills.

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 Peacock 

Connect: LinkedIn

Episode Highlights 

[01.11] Accurately valuing personal injury cases: The hosts emphasize the importance of accurately valuing personal injury cases to ensure that clients receive fair compensation for their injuries.

[06.12] Considering all relevant factors in case valuation: Correctly valuing a case requires considering all relevant factors, including liability, damages, insurance coverage, and potential jury verdicts

[08.11] The importance of gathering sufficient information: Engaging in settlement negotiations without adequate information can result in missed opportunities, undervaluing or overvaluing a case, and a less favorable settlement outcome

[11.07] Challenging the notion that sending a demand letter is weak: Sending a demand letter can be a powerful negotiation tool that can demonstrate a lawyer’s confidence in their case and their willingness to fight for their client’s rights

[20.23] The round table approach to case valuation: The round table allows for a more comprehensive analysis of a case and helps lawyers prepare a stronger negotiation strategy.

[30.41] Improving knowledge and skills through mastermind groups: The hosts encourage lawyers to form mastermind groups for improved knowledge and skills. They discuss the benefits of collaborating with other lawyers and provide tips for finding or creating a group. 

[32.39] Using a carefully curated form to identify critical factors: Using a carefully curated form to identify key factors can help lawyers systematically and objectively evaluate a case’s strengths and weaknesses, which can lead to a more accurate valuation.

[36.43] The benefits of sharing knowledge within the plaintiff’s bar: Plaintiff attorneys shouldn’t see each other as competitors but rather as colleagues who can collaborate and share knowledge to improve their skills and the quality of legal representation for their clients.

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.

When asked how he won a $66.6 million dollar verdict, Lee Hunt attributes much of the victory to the intelligence of the jury — and his ability to forge real, human relationships with his clients.

On this episode of Trial Lawyer Nation, host Michael Cowen talks about trial law with the founder of Hunt Law in Santa Fe, New Mexico. The two discuss Lee’s latest big victory, covering everything from his client’s injuries, liability, and the trust he placed in his jury. They also discuss Lee’s background and his passion for trial work. 

“I try very hard never to go, at the very least, more than a year without significant trials,” said Lee. “It is absolutely terrifying, trying a case where you know your client’s future life is at stake. It’s terrifying. But as long as you’re in the mode of it and haven’t been that far removed from it, it’s a fear you know how to deal with.”  

For Lee, the trial process is personal. Not only does he dedicate time and energy into every case, he also puts the same effort into knowing his clients on a personal level. He believes clients and lawyers should trust one another, and he credits that trust for much of his success over the course of his lengthy career.  

Featured Guest

Name: Lee Hunt

About: Lee Hunt is the founder and lead attorney at Hunt Law. He graduated from the University of Kentucky School of Law, where he received the Order of Coif award. For the past 20 years, Lee has proven himself time and again with a winning track of successful jury awards for injury victims. 

Almost above anything else, Lee stresses the value of the relationship between attorney and client. He believes that by the end of a case, the client and lawyer should trust each other, know each other, and genuinely care about each other. Lee wants to know his clients on a personal level and not just as another case number.

His reputation precedes him as a compassionate, caring lawyer, who offers his clients more than just top-notch legal council. He vows to stand with his clients every step of the way and won’t give up until he sees their trial through to the end.

Company: Hunt Law

Connect: LinkedIn  

Episode Highlights 

[02:06] An intro: Lee tells Michael and listeners some background on the big case he won in New Mexico, which involved a movie set, a production company, a moving crane, and a man pressured into making a life-altering decision.

[07:57] Negligence costs money: Lee discusses how the production team ignored warnings from local New Mexicans about the safest way for his client to move a crane up a mountain. 

[12:26] Relatability: One of his strategies with the jury was to make the case relatable for any blue collar worker who has been put in tough situations rather than focusing on the case’s specific location on a movie set.

[14:57] The jury: Lee describes the process of selecting the jury pool and the focus groups that were involved. 

[17:36] Comparative fault: From the jump, Lee wanted to really own his client’s culpability in the case, which ultimately played out in their favor. His client was found only 19% at fault.

[22:15] Damages: Lee breaks down how he came up with the different damage costs. 

[28:16] Trust the process: Whether to give the jury an exact number in payouts or leave it up to them ultimately comes down to each individual case.

[33:26] Personalization: Lee really puts the time and effort into getting to know his clients, as well as their families. He spent time with his client’s family in California leading up to the case and discussed their worries and concerns. 

[37:50] Zoom vs IRL: Lee discusses how New Mexico’s COVID protocols impact trials and how witnesses are perceived by the jury via Zoom versus in person. 

[46:53] In his nature: Having grown up an athlete and continuing to be an avid runner, Lee attributes some of his trial success to his natural competitiveness and ability to go the distance.

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.

Although technology has improved our quality of life, there are negative consequences, such as the increase in automobile and truck accidents stemming from distracted driving.

Despite the benefits of GPS tracking, specialized brake systems, and virtual logging of hours, there have been issues with falsified data, unassigned drive time, and “phantom drivers” in the trucking industry.

Fortunately, telematics has helped mitigate some of these problems by providing real-time notifications and useful data. However, the proliferation of apps and systems has also increased distractions for drivers, leading to safety risks.

In this episode of Trial Lawyer Nation, Malorie J. Peacock, Partner at Cowen Rodriguez Peacock, and host Michael Cowen discuss the intersection of technology and driving. They examine the pros and cons of technology on the road, how it affects truck drivers, and how telematics data can assist lawyers in automobile and trucking cases.

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 Peacock 

Connect: LinkedIn

Episode Highlights 

[2:40] Electronic systems for the road: Malorie provides an overview of the technology available in modern vehicles.

[4:40] Electronic logging devices: In the past, truck drivers would record their hours of service on paper. However, this approach became fully digitized a few years ago and now involves GPS data. Despite its benefits, there are also drawbacks associated with this system.

[7:54] Cheating the system: Despite their apparent reliability, electronic logging devices can be manipulated by truck drivers to falsify their driving hours.

[12:30] A problem of perverse incentives: The trucking industry faces a significant issue with the fabrication of logs, as it benefits both truck drivers and trucking companies.

[14:58] The benefits of telematics: Electronic systems equipped with GPS tracking, known as telematics, can collect and transmit a wide range of data to a central location, providing transparency and enhancing safety measures.

[18:52] Investing in telematics: Telematics offer numerous benefits, including increased safety, reduced insurance claims, video evidence, and economic advantages.

[21:38] Getting the data: Obtaining data from telematics can be a complex process, dependent on the system, procedures, and company. Malorie and Michael delve into the various capabilities and recommend seeking expert assistance.

[26:42] The downside of technology and truck driving: While technological advancements offer benefits, they also pose an increased risk of distraction. Malorie and Michael discuss the potential use of phone data in distracted driving cases and the complexities surrounding data ownership.

[33:26] Distractions from driving apps: Certain applications, such as electronic logging devices, can distract truck drivers, while other job-specific apps may elevate the risk of distraction for delivery drivers and rideshare drivers.

[35:16] Examining driving apps: For those seeking to learn more about designing an app for their needs, Malorie suggests conducting a Google search to access videos exploring specific apps and their creation. She cautions against investing too heavily in apps or data that will not significantly impact their case.

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.