Episode

30 – Mark Kosieradzki – Galvanizing Depositions

Mark Kosieradzki – Galvanizing Depositions

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with well-known attorney, author of 30(b)(6) Deposing Corporations, Organizations & the Government  and Deposition Obstruction: Breaking Through, and long-time presenter at countless legal events, Mark Kosieradzki. This is the best legal podcast for new lawyers.

Mark recalls growing up with parents who were scrappy, rightfully so given their startling history, who instilled in him to stand up for principles, ultimately leading him down the path of becoming a trial lawyer. He points out that many go into the field with a “win at all costs” type mentality, but his father always told him that “if you cheat to win, you really didn’t win,” which he continues to carry with him throughout his successful career in law today.

Mark describes one of the most successful tools he has learned to use in the courtroom are the rules themselves. He finds it to be a lot less stressful when you use the rules to get to the truth and if you play by the rules, you can force the other side to play by them too, which most times is not to their advantage. When Michael asks him how he might know if the opposing side is hiding something from you or not telling the truth, Mark very candidly replies that he starts with the premise that they are, and that trial lawyers want to tell the jury a story whereas a litigator wants to hide evidence. He goes on to impart that when they say they are going to give you “everything,” it’s really more like code for saying we’ll give you everything that doesn’t hurt their case.

Mark shares his evolution of new techniques regarding how he approaches depositions. He starts with a lot of case analysis, storyboarding, puts all his information in “buckets,” and then looks at what he’s trying to accomplish. With that, he starts with the assumption that one person could provide all the information, then structures an outline of what this one person could tell him and works at it to identify what documents are being electronically stored. Then he creates a request for production but doesn’t serve it, knowing there will be immediate objections. Next, he creates a 30(b)(6) designee deposition with a schedule of documents in it but doesn’t request the documents. We’d like someone who can provide all known documents in the organization that exist in this category, Mark continues. Where are they located, how are they organized, and most importantly, what are the methods available for searching? Without having requested anything, we are establishing the most effective and efficient way to request the electronic information, while also preempted all the boilerplate objections before we ask for them. Michael wonders about getting any push back regarding doing discovery on discovery to which Mark explains there is no discovery on discovery because you haven’t asked for the documents yet. Which is brilliant!

Michael asks how Mark structures his life to where he has time to storyboard, plot out cases, take depositions, and then craft his cases. The simple answer, Mark replies, is to just say “NO” to cases, continuing to say that his firm currently turns down 6-8 cases a day and work with small caseloads. Mark remembers starting out as a volume lawyer with 250-300 cases and works with the mentality of getting as many cases as you can and then you settle them based on getting each case’s fixed value with as little work as possible. That type of nonsense, however, assumes that the other side determines the value of each case. He’s also found that by spending more time up front on a case, their hourly value has gone up significantly because they take the time to get the evidence and prove each case. Michael relates his own firm where he’s found the fewer cases each of his lawyers have, the more revenue each lawyer generates. Settlements have gone up, the time from intake to the settlement has gone down, and the personal satisfaction of being able to be a craftsman of doing good for clients is significantly rewarding. It wasn’t until he got rid of the fear in his own mind that if you tell a referring attorney “no” on a case, they will disappear forever. When, in fact, the more time you can spend on the right type of case for yourself, the better the outcomes will be, and the more people will respect you and your practice. It also allows you more time to communicate with your clients which allows them to trust you more by knowing you have their best interests at heart.

The conversation shifts to talk about storyboarding cases. Mark describes the process as for where you lay out what your story to the jury ultimately will be and how you will focus the jury to consider the information which is important in your case. Mark points out that there are many great resources like Cusimano, Wenner, Rick Friedman, Carl Bettinger, and David Ball who have different methods of storyboarding cases, all of which are great, but he doesn’t subscribe to just one method. He explains how he tries to learn ALL the different methods because this is not a checkbox profession, but rather one requiring you to stay nimble in your approach in order to be able to counteract whatever gets thrown at you from the other side. In general, he starts first with a chronological account of the case from beginning to end, which admittedly isn’t always the most persuasive one. Then he begins to craft what he would like the jury to focus on first which in most cases is the decision making that has taken place by the wrongdoer. Mark shares a story using the information availability method that really drives the point home on the importance of sequencing details. Then to take things even a step further, they begin to formulate through whose eyes will they tell their story which is equally important given that there are hundreds of perspectives a story can be told…just ask Stephen Spielberg.

Michael and Mark round out this episode hitting on hot button issues including how to structure your questions to establish if the person being deposed is prepared, what you are really trying to get out of a deposition, and how to prove your oppositions unpreparedness. Mark also talks through a real-life example of how all these different techniques were used in a past case of his: Boswell v. Sherman County. The details of which are simply astounding and need to be heard for yourself. They wrap up with a brief discussion on what the future holds for Mark and even sneak in a little surprise at the end.

“Please note the TLN19 discount code mentioned in this show has now expired.”

 

BACKGROUND ON MARK KOSIERADZKI

Mark Kosieradzki is a trial lawyer from Minneapolis, MN.  His 40-year career has spanned a vast array of cases throughout the United States.  Mark’s landmark civil right case on behalf of an incarcerated woman resulted in the application of section 1983 protections to detainees. His work on sexual abuse was featured in a CNN series on Rape in Nursing Homes.

http://www.cnn.com/interactive/2017/02/health/nursing-home-sex-abuse-investigation/

The Minneapolis Star Tribune has described him as “one of the nation’s most feared elder abuse litigators.” http://www.startribune.com/meet-the-minnesota-lawyer-taking-on-the-senior-care-industry/450626193/

He is recognized in the “Best Lawyers in America”.  He is certified by the National Board of Trial Advocacy as a Civil Trial Specialist.

Mark is recognized as one of the country’s leading authorities on deposition technique, strategy, and law.  He is the author of 30(B)(6): Deposing Corporations, Organizations & the Government, published by Trial Guides. His book Deposition Obstruction: Breaking Through has been described as the hornbook for dealing with deposition obstruction.

Mark has joined trial teams throughout the United States in a wide variety of wrongful death and catastrophic injury cases, including malpractice, bad faith, construction injuries, nursing home abuse, interstate trucking accidents, and products liability.

When Mark turned 50, he had a midlife crisis and started playing the blues harmonica. At 63 he took up salsa dancing in Havana.

29 – Keith Mitnik – Thoughtful Prep for Winning Cases

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with renowned attorney, host of the Mitnik’s Monthly Brushstrokes podcast, and author of Don’t Eat the Bruises – How to Foil Their Plans to Spoil Your Case published by Trial Guides. With a $90M verdict, ten 8-figure verdicts, and a ton of 7-figure verdicts under his belt, Keith’s vast knowledge of trying civil court cases is truly extraordinary, to say the least.

Michael hits the rewind button right up front to ask Keith how he learned to become a trial lawyer. Keith recalls how he knew from a very early age that he wanted to become a lawyer, but always assumed he would become a criminal lawyer. It wasn’t until he asked a professor of his about connecting with some of the best lawyers in Orlando, which happened to be partners of his professor, that Keith learned about other opportunities outside of criminal law. His journey to becoming a civil trial lawyer was organic but swift, having interned for the lawyers his professor introduced him to, and trying his first case only 2 months after becoming licensed with the firm. Keith attributes much of his learning back then to being allowed to dig right in and learn from being “in the trenches” versus following someone around for 10 years before getting any “real” experience. It also helped that both his mentors were exceptional lawyers who came from opposite schools of thought, where one was the type to turn over every stone and simply outwork the other side, and the other was a brilliant free thinker in the courtroom. Michael also points out the myth that it is hard to get trial experience these days, whereas he suggests doing what he did in the beginning: get out there and tell other lawyers you’ll try their Allstate cases, and there are a lot out there to get experience from. It is also important to recognize there is value to taking a case to trial well beyond the verdict or settlement that is reached, especially for attorneys looking to get experience. Keith also advises young lawyers going into the courtroom that “it’s not about being pretty.” Jurors are not deciding about things based on how polished you are. They are deciding it based on your integrity, believability, honor, honesty, AND the preparation you did to get there. Not just in the hard work, but in the mental preparation of thinking through how it’s all going to play out and putting yourself in the best framework to maximize your chance of winning. And all of that happens outside of the bright lights and intimidation of the courtroom.

Michael notes that one of the things he’s taken away from Keith’s books, podcast, and other teachings, is that he really takes the time to think through his cases and the best way to present them, but asks Keith exactly how he structures his life in a way that allows him to have enough uninterrupted time and deep focus to do the case right. Keith says anyone can learn to be a good talker, but what separates you from the pack is the thinking that goes on before you enter the courtroom. Most of the good talkers he’s seen have just gotten good at repeating the same, somewhat canned “routine,” or have gotten good at memorizing those lines. Whereas the exceptional lawyers separate themselves from the others because of the mental process of planning before they ever walk in and recognizing that the other side is going to put up a good defense, as they always do. Essentially preparing to dismantle their defense and ideally leave them with nothing. Keith goes on to explain not only will that set you apart, but it’s also the fun part of trying a case because you can be working toward solving the problems of the case no matter where you are in litigation. Keith then reminds us of Sherlock Homes and how his greatest gifts were not his analytical strengths or his extraordinary knowledge of science, the arts, math and physics, but rather it was his ability to focus on a problem long enough to solve it. Ideas and practices like this are good reminders not to shortchange yourself on one of the true joys of trial work and will likely also be included in Keith’s upcoming book. Before leaving the topic, Keith talks about one other core principle that he uses on every contested point of a case, which he calls “the wisdom of the whys,” where he asks why are we right and why are they wrong? Of course, you need to be brutally honest with yourself with these points, so you can see the times when the opposition is right on a point here or there, and then be able to take things one step further for those points to ask, even though they are right on one point, how are we still right overall, which Keith refers to as the million dollar question.

The conversation shifts to talk about the methods used to persuade a jury to give full damages in a case, or as Keith refers to it, maximum justice. Keith uses a two-pronged approach for this, the first being that you as the attorney need to believe in the number you are fighting for, and the second being that you need to present the jury with a reasonable damage model. This approach of believing and validating to the jury why your client deserves the damages you are asking for, and in some cases may seem like an extremely high number at first, allows the jury to gain perspective on the numbers instead of smelling the fear of those who might be inclined to just pick a big number out of the air that even they don’t understand or believe their client is deserving of. Keith also suggests if you can lay out a damages model that the jury can understand, even if they disagree with it, they can at least have the ability to discuss it in a format that makes sense instead of punishing you or your client for damages no one believes are just. To drive the point home even further, Keith describes the “pep talk” he’s given himself in the past about why he is trying this case in the first place and the thoughts he needs to be overcome, especially in the early years of a practice, in order to have the full and deserving confidence for what is being fought for in the courtroom. Truly inspiring and passionate words.

Keith and Michael are able to fit almost a full day’s worth of topics into this episode that every lawyer is likely to learn from including connecting with the jury through the power of analogy, tips and tactics for approaching voir dire to establish the ideal jury, the burden of proof, and the detailed strategy Keith uses to prepare for closing that gives him all the confidence in the world by design. Keith also is kind enough to offer an emailed version of a memo he drafted internally for his office regarding putting an end to the defense belittling the pain of your client just because you can’t see it. Michael had a terrific time talking with Keith and is excited to share this episode with everyone.

“Please note the TLN19 discount code mentioned in this show has now expired.”

 

BACKGROUND ON KEITH MITNIK

 

Keith Mitnik is the author of Trial Guides’ bestselling book, DON’T EAT THE BRUISES:  How to Foil Their Plans to Spoil Your Case. https://www.trialguides.com/products/dont-eat-the-bruises

He is also known for his popular audio tape series “Winning at the Beginning” and for his monthly podcasts.

He is a frequent keynote speaker at seminars for trial lawyers across America.

Keith is Senior Trial Counsel for Morgan & Morgan. In that role, he is in trial almost every month, often times 2 or 3 times a month, trying everything from suits against cigarette companies, medical malpractice, and product cases to car crashes and premises cases.

His list of verdicts is staggering.

He has been a commentator on many national television broadcasts and has been interviewed by Mike Wallace on 60 Minutes.

Keith is recognized for creating and teaching systems that simply work – for any lawyer, in any case.

Lawyers all over the country attribute significant verdicts to his methods.

 

28 – Malorie Peacock – Storytelling in the Courtroom

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with Cowen | Rodriguez | Peacock partner, Malorie Peacock, for another installment of TLN Table Talk to answer the questions of our listeners. Today’s topic focuses on storytelling in trial and identifying the “characters” in your case.

They begin with the most obvious question on today’s topic, why do we want to tell a story instead of just presenting our facts? Michael explains that people don’t learn through cold, clinical facts and if you want a juror to connect to your client’s situation, they must relate to it. The easiest and most effective way for them to relate is oftentimes through a story. Michael adds that we are genetically programmed to think in story, going all the way back to the campfire in the cave scenario, also noting that people can tell when a story is not right. Malorie also describes what stories are on a very basic level, in that they aren’t something that is made up for a trial, but rather something that is very specific and still based on facts. A sequence of events with a beginning, middle, and an end with characters who have motivations for doing things.

Conversely, the real danger of not having a story, Michael explains, is that the jurors are going to come up with a story. For Michael’s team, the story might be about the greedy trucking company who pushed their drivers to drive more hours than are safe on the road, just to make more money. Whereas, a different story that could be formulated by a juror on their own might be about a greedy plaintiff’s lawyer who took a case and is trying to make a lot of money from it. And because the juror wants to be the “hero” of the story, they might stop the attorney from getting that money. This puts even more importance on the story that gets told, for the client’s benefit.

Does every story need to have a hero? Yes, and it’s always the same group of heroes (the jury). Michael refers to a book written by Carl Bettinger called Twelve Heroes, One Voice, that has really helped him to understand the dynamics of storytelling, heroes and villains, and how the jury must be the hero in a trial. He also notes that this book transformed his thinking from where he had thought he, as the attorney or his client needed to be the hero when in reality, the only ones who can do anything heroic are the jurors, because they’re the ones who can save the day.

Michael points out that it is important when starting to storyboard your case that you carefully consider who the “villain” is while also keeping an open mind to the idea that it could always change before going to trial. Michael has gone so far as to research and study playwriting and screenwriting books to find out what the common characteristics of villains are since most people have learned about heroes and villains through watching movies or tv and he wanted to be able to give people a story structure that they can relate to. He lays out his findings of the 5 ideal characteristics of a villain as he found them to relate to the courtroom, those being that they are: Powerful, Intelligent, Immoral, Deceptive, and an Individual (not a collective or an entity). Michael and Malorie go on to talk more about the immorality of these villains and the selfish quality that they portray, while also pointing out that these people are not typically evil just for the sake of being evil (like in some movies), but rather are just willing to risk others for the sake of their own gains. Again, it’s not that they actively set out to kill someone that adds to their guilt, but rather the act of knowing something is wrong and then doing it anyway, also known as conscious indifference, or as Malorie points it out, as a selfish quality to such villains.

Why is it so important to make the villain an individual versus a company or a collective? Michael explains that we just haven’t been programmed in our upbringing to see the villain as a corporation or collective and therefore it doesn’t translate as well into the courtroom. Corporations are not actual “people” and thereby do not have emotions or individual thoughts, again making it hard for them to take on the responsibility for making a decision. So, if you can find the person that made the decision, who knowingly endangered the public, it becomes so much more impactful to a jury, especially when that person is powerful, intelligent, deceptive, and immoral.

The focus shifts from heroes and villains to what role you, as an attorney, and your client (the plaintiff) play in the typical courtroom story, to which Michael sees the plaintiff as the survivor or the one who needs rescuing by the jury, and the attorney as the ones guiding the jury to the truth…like a courtroom Yoda. As a part of that Yoda-like role, Malorie and Michael discuss the need to stay calm and collected when dealing with people who are trying to be deceptive and allowing yourself to place the trust in the jury to see things for what they are and that they will do the right thing. Michael goes on to point out that going into the courtroom without that trust in the jury or suspicion that they may not do the right thing, will almost always do more harm than good to your case. It will show unconsciously in your body language, a tone of voice, and you will have a disconnect with the jurors. Michael also credits Joe Fried and Michael Leizerman on helping him to understand that concept as well.

This TLN Table Talk continues with vital conversations on how you structure a story for a trial where the jury can come to their own conclusions about the villain on their own so not to “tell them what to think;” why it is less impactful to accuse someone of being deceptive, versus exposing it; being aware of the other stories being told in the courtroom so not to seem like you’re beating up the defense and inadvertently become the villain yourself; along with many other real-life, and some fictional, stories to illustrate Michael and Malorie’s insights. Clearly topics they both have a lot of experience with and knowledge that any attorney can find helpful.

 

27 – Michael Mogill – Becoming the Obvious Choice in Your Market

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with author of The Game Changing Attorney How to Land the BEST CASES, STAND OUT from Your Competition, and Become the OBVIOUS CHOICE IN YOUR MARKET, and legal marketing expert, Michael Mogill, for a discussion on how he’s helping law firms drive meaningful results. Mogill and his team at CRISP Video produce videos for attorneys across the country in order to help them differentiate themselves and stand out from their competition. Which, in short, means they do everything from filming videos and editing to running ads and driving leads for their attorney-only clientele. Essentially, everything from start to finish in the legal video marketing space.

Mogill’s beginnings started when his family immigrated from Europe when he was 4 years old. They didn’t speak English and basically came with just $500 in savings. And while he’s always been entrepreneurial, having started a web company at age 13 writing HTML out of his house, he actually studied to be a doctor, took the MCAT to get into med school, but wasn’t sure if that was the path for him despite the pressures of his Jewish family. So, he took a year off and got a job first washing dishes at a dive bar and then washing lab equipment at the CDC. In the meantime, he bought a camera that he figured would just be a hobby and perhaps a good life skill to have. Then, in 2008, he started a video company, called CRISP, again with outside pressures of people telling him it wouldn’t work and if it did, he’d never be able to compete with the big agencies. This was also a time when YouTube was just starting to take off and videos were nowhere close to as accessible as they are today. Mogill explains that it wasn’t the simplest sell back then, nor was it easy (recounting 21 failures before the company really got off the ground); citing that his big breakthrough finally came to him through the hostess at a Texas Roadhouse at a time when he didn’t even have enough money for next month’s rent. The story he tells of his rise from rock bottom is one you simply have to hear to believe. Spoiler alert: He’s made it pretty big in the video production space having worked with companies like Coca-Cola and Red Bull. His shift to work 100% with attorneys and law firms wasn’t necessarily expected or even planned at the outset, and also came from unlikely beginnings paired with the drive to succeed.

Digging right in, Cowen asks Mogill the big question, as in millions of dollars big, of how can solo and small firms compete with their marketing (video or otherwise) and not get lost in the noise of the big firms that have $5M+ marketing budgets? And while Mogill boils it down to simply differentiating yourself, his insights on the content being produced in order to create an emotional connection with potential clients, versus joining the “we’ll fight for you” crowd, are thoughtful and CRISP (pardon the pun). Mogill uses Ben Glass’s video as a great example where his video talks more about the children that he has adopted in order to create a connection, with the viewer with little information about his firm. Which may seem to counterproductive when trying to promote a law firm, but to Mogill’s point, it’s much more effective to draw people in, using emotions and feelings they can relate to instead of a laundry list of the services your firm can provide. That “why” behind an attorney’s journey into wanting to practice laws also helps to create a sense of authenticity as well as to humanize each firm.

Mogill talks about the state of legal marketing along with the saturation of many firms focusing on the aspect, that it is all about the money and boasting about the size of cases won. He notes how today’s society wants to work with companies who go beyond the money and care about individuals, especially the millennial generation that loves to see businesses contribute to their community and pay things forward.

Once you’ve found your great story that differentiates you or your firm, how do you get that story out there, asks Cowen, while noting the extremely high prices of pay per click (PPC) in the legal market? Mogill agrees that PPC is not likely the answer but has found social platforms, like Facebook and YouTube, have worked very effectively for video marketing because you can target your audience fairly specifically. From a cost perspective, especially when talking about video content, Mogill points out how he has generally been able to push traffic at a rate of about $0.01 per view, and goes on to discuss the paradigm where if an attorney was to take what they would spend on just one billboard and put the investment, instead, into getting their video content out via YouTube and Facebook ads, the reach, and level of targeting would be similar to the reach of 100 billboards. All of which you can specifically target and track.

Mogill talks about the tactic of playing the long game, where on 364 days through the year, a personal injury attorney is not relevant to your audience, but on the one day, when something happens to them, it becomes extremely relevant, but how do they know who to call? Was it the last billboard they saw? Or, more likely, it’s the person who stays top of mind on social platforms where they then remember all the things they’ve seen you do for the community and have seen your story and are reminded of it consistently. And if they don’t remember, they reach out to a friend, who also has potentially been targeted and been exposed to your information. Most firms are marketing in a way with Google PPC toward the 3% of people who are ready to hire an attorney on that specific day while hitting the other 97% with the exact same messaging, for whom it’s not very relevant. In short, Mogill’s belief is you have to make someone a fan before you make them a client, by producing consistent content that nurtures someone’s perception of you or your firm over time.

Cowen and Mogill discuss a myriad of other legal marketing topics, including how attorneys can create great content that puts a spotlight on their “why,” the importance of living up to your marketing, predictions for where legal marketing is headed, and several other results-driven insights. The energy and expertise Mogill brings to this episode is a great resource to learn from for any attorney looking to compete with their marketing in, what we all know too well as, an overcrowded and noisy marketing space.

 

 

BACKGROUND ON MICHAEL MOGILL

Michael Mogill is Founder and CEO of Crisp Video Group (www.crispvideo.com), the nation’s fastest-growing legal video marketing company and the author of the “The Game Changing Attorney” (www.gamechangingattorney.com). He’s helped thousands of attorneys — from solo and small firms to large practices — differentiate themselves from competitors and earn millions in new revenue. Crisp has been named to the Inc. 500 list of America’s fastest-growing companies and has been awarded Best Places to Work. A sought-after speaker, Michael often presents at national conferences on innovative ways to create exponential business growth. His advice has been featured in publications such as Forbes, Inc., Avvo, ABA Journal, The Trial Lawyer, Huffington Post, and Wall Street Journal.

26 – Jack Zinda – Success by Design

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with an accomplished trial attorney, Jack Zinda, for an inside look at his bustling personal injury law practice. Built from the ground up in a county where seemingly no one wanted to start a law office because the juries are so conservative, Jack has built his practice up to include 3 offices with 63 people on his team, 23 of which are lawyers.

Jack’s humble beginnings working in his father’s restaurant washing dishes and waiting tables, contributed to him becoming a great trial lawyer by teaching him to learn how to talk to people, which he says was “great training.” Michael admits that he actually looks for “waiting tables” on the resumes of his potential lawyers as he understands that such experience comes with being able to deal with people, even when they are being unreasonable, among other reasons.

As they dig in deeper to Jack’s practice, he directly correlates the growth of business to an exercise he did after reading the book “The E Myth” where he laid out a plan for where he wanted his firm to be in the future and worked backward from there in order to develop a plan of action. He also made sure to account for his core values and not giving up practicing law seeing as one of his top motivators for getting into Personal Injury law was to help people, and he never wanted to lose that. Michael and Jack also talk through their views regarding the use of consultants and how egos sometimes get in the way of success in this industry. Jack makes it extremely clear that “none of what [he’s] done is original” and that he’s simply taken what he has learned from others and built upon it to become successful. It also, from Jack’s perspective, comes down to the systems that get put in place and following them consistently; an example being that each lawyer in his firm is highly encouraged to attend two networking events per week in order to continue to build relationships.

As Jack reflects on the continued growth of his practice over the years, one of the most important decisions he discovered was who he hired to work at his firm. To prove his point, he describes the scenario where if you hire the most brilliant and amazing people to work for you in every aspect of your business and you have poor systems in place, chances are that you will likely still be successful. Whereas, even if you have the most robust and well-oiled systems in place, if you hire people who are unmotivated and don’t want to work hard, you are likely to fail. He goes on to say that even experience can be overrated when looking to hire someone. At the core, when looking to add people to your organization, people need to be hungry and driven, they need to be smart and organized, and they need to be hard working. Michael and Jack also talk through their hiring processes to get the “right people” into their firm. Surprisingly, the interview has very little to do with it and sometimes… neither does a candidate’s aspirations of working with your firm!

The conversation shifts to internal systems where Jack has gone so far as to hire a developer to create their case management system to his specifications. And not only has he found it to be a great way to customize his practice to run the way he wants it to but also works as a great training tool for everyone in his firm, even the most seasoned attorneys. Jack points out that even the simplest of things go into the firm’s checklists and procedures such as “read the local rules,” which, as easy as that might sound, he points out that it can be vital when working in as many jurisdictions as his firm does. Jack has also raised the bar on training and development within his firm by creating a position that solely focuses on it. Listening to Jack’s description of how he came up with and implemented this position is likely to deliver shock and awe to anyone who runs a firm, as it did for Michael during this podcast.

Michael wraps up the podcast with the question that is likely on everyone’s mind – How much of a “life” do you get to have, running a firm of this size and as successful as yours? Jack boils it down to really deciding what success means to you, first and foremost. What do you want to get out of the practice (note the sentiment of beginning with the end in mind)?  Jack explains that he sets hard and fast rules on family time and personal time and has become VERY intentional about it, down to the alarm on his phone that goes off at 6 pm that reminds him to “go home.” Michael points out that there is also a difference between being in the room with your kids and being present with your kids. Jack goes on to describe how he turns off his phone when he gets home and puts it in a drawer, making it harder for him to somehow “find” it back in his hands, IE: working when he shouldn’t. “Willpower is overrated. I think you’ve got to set yourself up for success by setting the atmosphere to do what you want to do in order to be successful,” which is certainly a great mantra for us all to take away from this conversation with Jack.

 

John C. (Jack) Zinda is the founder and senior trial lawyer at Zinda Law Group.

Jack has served as lead attorney on a wide range of complex catastrophic injury cases across the United States, including:

  • Fire death cases
  • Gas explosions
  • Wrongful deaths
  • Governmental torts, including wrongful death cases caused by law enforcement
  • Federal tort claims act cases
  • Traumatic brain injury cases
  • Commercial litigation
  • Motor vehicle collisions
  • Premises liability
  • Interstate 18-wheeler collisions
  • Product liability

As a trial attorney, Jack takes tremendous pride in giving a voice to individuals and families who need help battling Fortune 500 companies and large insurance conglomerates. His firm balances aggression with a strategy to maximize the outcome for clients, and every case is handled with a focus on getting ready for trial. He also knows the importance of communicating with his clients and ensures that they are part of the process. He is dedicated to always putting the needs of his clients first.

A native Texan, Jack graduated with a bachelor’s degree in business and political science from Southwestern University, where he distinguished himself as president of the Interfraternal Council and as a member of the Student Congress, the Student Judiciary, Phi Delta Theta, and the Pirates basketball team.

Jack went on to earn his Juris Doctorate from the prestigious Baylor University School of Law, which is perennially ranked as one of the top law schools for trial advocacy in the nation by U.S. News & World Report. While there, he was one of the finalists in the Bob and Karen Wortham Practice Court Competition.

Over the years, Jack has earned a reputation as a thought leader in the legal industry, and he has been featured as a speaker for numerous groups across the country, including the Brain Injury Association of Texas, the Williamson County Bar Association, and Mothers Against Drunk Driving.

Jack has also benefited his professional community through leadership positions in a variety of legal organizations. He has served as president of the Capital Area Trial Lawyers Association, as a member of the board of directors of the Texas Trial Lawyers Association, and as a member of the American Association for Justice, the Texas Bar Association, the Austin Bar Association, and WCBA. He is also involved with a number of consumer advocacy organizations.

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