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(2 votes, average: 5.00 out of 5)
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In this episode of Trial Lawyer Nation, Joshua Karton joins Michael for an introspective discussion on trial psychology and communication.
Joshua’s perspectives on turning off the “act” in a courtroom and getting back to just being (real) are deep and enlightening to listeners at all levels of the industry. The idea of “getting out of your own head” is turned upside down as Joshua challenges attorneys to embrace their role not as one there to protect themselves or their own ego, but rather as someone who is there to defend and protect their client and thereby connect with jurors who could see themselves in the position of the client one day and wanting the same protection.
Joshua shares what he believes allows people to trust through using everything you’ve got and not leaving anything in reserve. Joshua also breaks down the concept of not using negative objectives (such as not wanting to bore the jury, not wanting to piss off the judge, not wanting to embarrass yourself) that can’t be done, and instead of committing to objectives that are incompatible with the negative. Michael shares an application of this concept through the evolution of his own practice and how it’s propelled his success and allowed him to alleviate many of the stresses that tend to plague and follow most lawyers.
Joshua expounds on the power of goodness and how the recent political landscape has challenged this approach of connecting with jurors and how deep the need to be right has become a critical hurdle in the courtroom. Michael takes these ideas a step further by discussing how they have affected even the validity of eye witness testimony and the influences of psychodrama sessions. Self-awareness weaves its way throughout the podcast as the main theme that bolsters the success of attorneys in the right frame of mind and holds back others.
The episode concludes with a thoughtful discussion on the lens jurors see things through and how being aware of how you are setting yourself up to be perceived can change dramatically based on a single choice all attorneys have control over.
Background on Joshua Karton:
JOSHUA KARTON, president of Communication Arts, specializes in the application of the communication techniques of theatre/film/television to the art of trial advocacy. He serves on the faculties and develops curriculum for AAJ, the Gerry Spence Trial Lawyer’s College, NITA, the JAG Corps, ABA, NACDL, National Criminal Defense College, Loyola and California Western Schools of Law, state t.l.a.’s and criminal defense associations, as well as maintaining a professional practice of individual case consultation and witness preparation. Thirty years of work in this field culminated in his preparation of the winning oral argument to the United States Supreme Court in Hamdan v Rumsfeld, and the 2016 Lifetime Achievement Award for Excellence in Advocacy from Stetson University College of Law’s Center for Excellence in Advocacy. He co-authored Theater for Trial, released by Trial Guides November 1, 2017.
For more on Joshua Karton visit: https://www.trialguides.com/authors/joshua-karton/
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13 – Ben Glass – Great Legal Marketing
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(1 votes, average: 5.00 out of 5)
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In this episode of Trial Lawyer Nation, Michael Cowen sits down with the great legal marketing mind and Owner of Great Legal Marketing, LLC, Ben Glass. As an attorney and owner of his own law firm, Ben Glass Law, Ben shares a unique insider’s perspective on what marketing works and what doesn’t in the legal industry that many attorneys can appreciate.
Having started his legal career like most young attorneys do, by working in someone else’s firm, Ben recalls that first big step when he ventured out and started his own firm, remembering that he was good at trying cases but suffered, as most do when they start a firm of their own, in bringing on new cases. This led him to start thinking about how to attract clients without breaking the bank, noting that of course you can throw all kinds of money at your marketing, but he knew there had to be a better way. At that point, Ben began to study the impacts of marketing on legal firms and more specifically, looking outside of the lawyer world to what other successful businesses were doing and ultimately finding that achieving results didn’t require being the highest spender.
Michael and Ben discuss the critical stages of legal marketing, not only deciding what kind of practice you want for yourself but conversely, what type of cases you don’t want and getting over the mental hurdle of turning those cases away. The views from both Michael and Ben, looking back at their own implementation of these steps, are surprisingly similar and fortunately not as “scary” as either of them may have thought they were initially. Ben also tends to remind the attorneys he works with that there is no need to succumb to any peer pressure on the types of cases they need to take on. Similarly, Michael adds his own unique perspective on his firm’s transition to becoming one that only accepts the larger cases that they can add value to in that suddenly (along with his experience as an attorney) he became the one other attorneys now refer those larger cases to consistently, versus the smaller fender bender cases, just by the acknowledgment of the types of cases he will and will not accept. Furthermore, Ben explains, having a referral relationship with someone who specializes and loves taking on the types of cases you don’t, can also be highly beneficial to your practice as well as to the clients that are seeking your expertise in helping their case. Essentially creating a win-win-win marketing strategy by setting the standard on the cases that come into your firm and having a plan to guide the rest of the cases in the right direction toward those who are better equipped to provide value to them.
In digging a little deeper into legal marketing, Ben points out that many clients have never really given a thought about finding a lawyer prior to actually needing one – usually no real knowledge of what might constitute the best attorney for their situation, no experience in dealing with claims adjusters, etc… Many times, life is just moving along happily until that disaster strikes, totally disrupting their life, and thrusting them toward suddenly needing an attorney but, when that time comes, they don’t necessarily care (in Ben’s opinion) how many years you’ve been practicing law, or how many awards you’ve had, but rather the fact that they have a problem to solve – doctors are calling, insurance adjustors are calling, their family is giving advice on what to do, and they don’t know what to do. This is where Ben’s informational marketing comes into play, by providing useful information to help those people with what they need to know now, versus the other attorneys who are basically shouting “hire me” and “look at all my awards.” This dissemination of useful info, along with MANY other legal marketing topics Ben discusses with Michael, helps to build trust with you and your firm when trying to appeal to prospective clients in their unexpected time of need. Michael also relates this tactic to his own firm’s dissemination of valuable information to other lawyers through presentations well beyond the local bar association meetings others might be waiting to get invited to.
Michael wraps up the interview with a brief discussion on the tools and resources Ben offers through Great Legal Marketing, which Ben admits, no matter where you are with your practice, getting more leads and getting more cases is frankly not that hard or expensive once you know what to do. Ben is truly a talented resource to the legal community and his impact spreads far and wide to all those we are all passionate about serving.
Background on Ben Glass
Ben has spent his career practicing law in the courtrooms throughout Northern Virginia. He is a nationally-recognized, board-certified personal injury, medical malpractice, and disability insurance attorney in Fairfax, Virginia. He graduated from George Mason University School of Law in 1983 and has devoted his career to representing individuals against the insurance companies.
Through Ben’s experience in testing various marketing techniques for his own firm, he has discovered what truly works and has implemented his knowledge into the creation of Great Legal Marketing in 2005. Hundreds of lawyers in the United States and Canada have already joined Great Legal Marketing and are watching their practices take off.
For more info on Ben Glass visit:
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28 – Malorie Peacock – Storytelling in the Courtroom
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(4 votes, average: 5.00 out of 5)
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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.
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40 – Ken Levinson – Focus Groups and Metaphors
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In this episode of Trial Lawyer Nation, Michael Cowen sits down with Ken Levinson, a successful trial attorney who is also very active with his trial consultant focus group practice, for a discussion on how his unique practice is getting big results in the courtroom. Ken selfishly loves his “split practice” primarily because of its process of constant learning which comes with both sides of his practice, noting that he’d never want to give either of them up.
The conversation begins by exploring focus groups, as Ken talks through how they help in cases because lawyers are able to find out what resonates with people and then test it before ever stepping into the courtroom. “Over time, I’ve learned the better approach is to accept what people tell you. Listen, and in a neutral way, find out what’s going on.” Ken goes on to say “I don’t want to fall in love with my case or a witness or a theory without really stepping back and almost looking at your case in a different way” which is exactly what focus groups help him do while pointing to the teachings of Michael Leizerman [link to Michael Leizerman episode] of needing to have a “Zen mind” or a beginners mind. He adds “I think we get lost in the language of being a lawyer and I’ve really tried to train myself to talk like real folks in everyday life about our cases.” Michael then points out how it is incredibly important to be yourself, noting the power that authenticity brings to human communication both inside and out of the courtroom.
After working with so many great lawyers, Michael wonders what Ken has seen separates the good from the elite. Ken points out two factors he’s seen in elite lawyers: 1. They know their cases inside and out and although they may seem to talk very casually about things in the courtroom, they actually work extremely hard; and 2. The better trial lawyers he’s gotten to know are always learning. Ken goes on to point out there are some firms he might do 20+ focus groups for in a given year, and although they have been getting multi-million dollar verdicts for decades now, they are always learning, testing, reading, revising, and thinking about how to improve.
Michael speaks to his own experiences on learning and how over the years, while there are some basic human things that don’t change, many things do change over time and thus, lawyers need to be open to continuing to learn in order to be effective in the courtroom. Ken follows up to describe some of the other things he’s doing to continually get better, such as reading a lot on decision-making, psychology, and metaphors, then discussing what he’s learned with friends and colleagues, testing things for himself in focus groups, case preparations, depositions, and in the courtroom. He also goes to seminars and holds in-house trainings. Ken also discusses some of the ideas he’s learned from R. Rex Parris [link to Rex episode] on metaphors and how he’s been able to incorporate them into his courtroom proceedings.
Talking more about Ken’s experiences with focus groups and testing theories within them, he describes a few exercises he’s used to better understand the imagery that focus group juries associate with their case using simple techniques. Then he takes things a step further to discuss the findings, one-on-one, with the focus group participants. Through this process, he’s discovered many great metaphors and images that have helped his cases as well as some that needed to be tweaked or reworked for a case, noting that it’s better to find out and understand things which can negatively impact your case prior to trial, than during it, of course.
Beyond running his law firm and focus groups, Ken has also written books and articles, which begs the question – how does he have time for all of this? Ken describes his methods of time management which include getting up several hours before his wife and kids, but also includes time blocking and scheduling things based on his own understanding of the best times for him to get work done, which he details more in this episode. Michael also talks through the structures he’s implemented in his life and his firm to help to “move the ball forward” toward accomplishing his goals.
Michael turns the conversation toward what lawyers can do to set themselves up to achieve their goals, whether it is getting a $43 million verdict or a $6 million settlement, to which Ken turns the table a little bit and points out some great advice he had heard from Michael about taking on the right cases and turning away the others. Michael elaborates on this point and discusses the juxtaposition of the normal mentality associated with turning down cases, which really hits the nail on the head in terms of getting more of the types of cases lawyers want to get and building their practice.
Their conversation rounds out in a discussion revolving around the terms Ken has seen come up over and over in focus groups involving trucking cases specifically. Ken talks about terms he’s found to be important to focus groups and juries alike such as “professional driver,” and ideas revolving around vision and forgiveness. Truly insightful information that Ken discusses more in depth, which not only brings perspective to trucking cases at their face value, but also the impact focus groups can have in helping to bring another element of humanity into our cases by getting the perspectives of what’s important in the eyes of others.
BACKGROUND
Ken Levinson is a passionate advocate for accident survivors and child safety. For more than 20 years, he has represented disenfranchised clients against corporate giants. By using the law, the court system and his skill as a lawyer, his goal is to level the playing field for those facing the most challenging times of their lives.
Leadership
- Former Section Chair of the American Association for Justice Motor Vehicle Collision, Highway and Premises Liability Section
- Vice Chair of the American Association for Justice Trucking Group
- Board Member of the American Association for Justice National College of Advocacy
- Co-chair of Overcoming Jury Bias Litigation Group
- Regional Coordinator of the American Association for Justice Chicago Student Trial Advocacy Competition
- American Association of Justice Board of Advocates
- American Association for Justice Law Schools Committee
- American Association for Justice Voter Protection Committee
- Committee Chair of the American Association for Justice Litigation Group Coordination Committee
- Press Advisory Board American Association for Justice
- Chair Chicago Bar Association Solo & Small Firm Practice Committee
Ken also serves as chair of the section’s Practice Resources Committee, which compiles documents such as pleadings, research, expert reports and other information that might be helpful to fellow trial lawyers. As part of AAJ, Ken acts as Secretary of Motor Vehicle Collision, Highway, and Premises Liability Section and Chair of the newsletter committee; he has served as Education/CLE Vice-Chair of the Trucking Litigation Group (2014–2015) and Co-chair of Publications Committee (2013-2014). Additional memberships include the Chicago Bar Association, where Ken has also been the Solo & Small Firm Practice Committee Chair from 2009-2019, Vice Chair (2008 – 2009), and the Illinois Trial Lawyers Association, where he is currently a member of its Board of Managers. Under ITLA, Ken is also a co-chair of the legislative committee. In 2010, Ken was elected to serve a three-year term on the Trial Lawyers College Alumni Board. He is currently serving on the editorial board of The Warrior, the Trial Lawyers College magazine.
Ken has written numerous articles for prestigious lawyer publications and spoken at dozens of conventions for trial lawyers and American Bar Association organizations. Ken also recently appeared on an episode of the Trial Lawyer Nation podcast.
Honors and Awards
Ken is currently the Vice Chair of the American Association of Justice Trucking Group. Ken also formerly served as Chair of the American Association for Justice Motor Vehicle Collision, Highway and Premises Liability Section and Illinois Board of Governors for the American Association for Justice, a designation that carries Illinois Trial Lawyers Association (ITLA) Board status. He has been recognized by Leading Lawyers and Super Lawyers magazines as one of the top attorneys in Illinois, including the Super Lawyers Top 100 in 2012, 2016, 2017, 2018 and 2019. He is the co-author of Litigating Major Automobile Injury and Death Cases, a two-volume reference series designed to help attorneys build strong cases for their clients by highlighting real-life case studies related to Major Auto Injury and Death. The book is published by AAJ Press/Thomson Reuters.
Named one of The 40 Lawyers Under 40 to Watch in Illinois by the Law Bulletin Publishing Company, Ken is among a select group of trial attorneys that has graduated from legendary lawyer Gerry Spence’s Trial Lawyers College, which is dedicated to training and educating lawyers who represent people against corporate and government oppression. Ken is one of only 100 trial lawyers from Illinois selected for The American Trial Lawyers Association, where membership is by invitation only.
Education
After receiving his Bachelor of Arts degree from Hobart College in 1989 and his Juris Doctor in 1992 from Case Western Reserve University School of Law, Ken was appointed an Assistant Illinois Attorney General, representing state agencies and employees in civil matters, including both personal injury and civil rights cases. He has been admitted to practice before the Illinois Supreme Court and the Northern District of Illinois, United States District Court since 1992. Levinson is also admitted to the Federal Trial Bar.
Personal
Ken volunteers his time and resources to a variety of community and charitable organizations in the Chicago area, such as sponsoring the Tristin Speaks Benefit, which raised funds for autism awareness. Ken is a former member of The Citizens’ Council of LaGrange, a non-partisan community group that promotes better government through the recruiting and evaluation of candidates for local public office, having co-chaired the Council’s Qualifications Committee. Ken participated in the 39-mile, two-day Avon Breast Cancer Walk and the St. Jude Walk/Run to End Childhood Cancer. Ken also supports Art in Motion, an event hosted by the Associate Board to raise funds for the Rehabilitation Institute of Chicago, now known as the Shirley Ryan AbilityLab.
Ken is an area native, born in Chicago and currently living in LaGrange, IL. He is happily married and the father of three boys, keeping him very active in youth and sports-related activities. One of his favorite pastimes is to go with his wife to their sons’ high school varsity games and in-state and out of state tournaments for basketball and volleyball.
Ken can be reached at all hours via email: Ken@LevinsonStefani.com
RESOURCES
How Customers Think: Essential Insights into the Mind of the Market by Gerald Zaltman
Marketing Metaphoria: What Deep Metaphors Reveal About the Minds of Consumers by Gerald Zaltman
Metaphors We Live By author George Lakoff and Mark Johnson
