In this episode of Trial Lawyer Nation, Michael Cowen sits down with a nationally renowned trial consultant, Artemis Malekpour whose strength lies in her trial litigation strategy consulting. She describes it by boiling it all down to, “we help your case.”
However, the sheer magnitude of the scope of her work ranges from before you even file a case, to the end result, and everything in between, including focus groups, trial strategy, mediation strategy, discovery, pre-suit issues, voir dire, and opening statements to name just a few. Artemis describes her entry into the profession as coming initially from a background of psychology and starting down the pre-med path when realizations came to her, along with a pretty dramatic chain of events, that aligned her studies with a passion toward the legal industry. Her dilemma with the situation turned into learning more and taking in feedback from many different subsequent cases and being introduced to them from the inside, which eventually confirmed she was heading in the right direction for herself.
Empathizing with Michael, who also has a psychology degree, Artemis describes several of the cases she’s been through where the emotions start to take over and the desire to help everyone kicks in. Both Michael and Artemis give several examples of intake processes now firmly in place to help avoid accepting cases which are not suitable to take on both for the good of the firm or for the good of the client.
Artemis also opens up about her focus group experiences across the country, averaging sometimes around 40 per year, and divulges some of the trends she is seeing as a result of our current political climate. An interesting moment is a conversation between her and Michael about the power of silence, be it in the courtroom or with a focus group, and how it can be used to benefit your case. And while this technique and others are discussed, Artemis reinforces the importance of understanding there is no “magic formula” for success and describes what she believes the best trial lawyers do after trial.
The insights Artemis shares throughout the conversation are not just insightful, but practical toward any case. Michael jokingly refers to these insights as a “list of the things we do to screw up our own cases.” But we also know even that depiction is sometimes an understatement, which is why talking with Artemis was such a pleasure in this episode. She tells it like it is, and we all come out better on the other side.
Background on Artemis Malekpour
Artemis Malekpour is a partner in the litigation consulting firm of Malekpour & Ball. With a background in psychology and psychiatric research, she specializes in focus groups, case strategy, damages, and jury selection. Artemis did her undergraduate work at the University of North Carolina at Chapel Hill, then earned a Master’s in Healthcare Administration from UNC’s School of Public Health and a law degree with honors from Duke University. She has consulted on a wide variety of cases across the country, with a knack for identifying potential landmines, incorporating her knowledge from years of watching jury deliberations and talking with jurors.
For more info on Artemis Malekpour visit https://www.trialguides.com/authors/artemis-malekpour/
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By Michael Cowen — 12 months ago(8 votes, average: 4.88 out of 5)
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.Post Views: 6,644
By Michael Cowen — 2 months ago
In this episode of Trial Lawyer Nation, Michael Cowen sits down with his in-house Director of Marketing and Business Development, Delisi Friday, for another Table Talk episode. This show focuses specifically on an inside look at what they’re doing to market their law firm, why it’s important to analyze their efforts every year, and how they determine when to pivot on specific marketing strategies.
Delisi starts the conversation describing why an annual review of their firm’s marketing is imperative and how it gives them a chance to see what’s working and what’s not. It also allows their team to see things early enough to allow for them to pivot in order to make something work better. Michael adds that they have also been known to double down on what’s working, in order to accelerate their success in receiving more cases. Although, the “sunk cost fallacy” occasionally gets in the way of making changes once you’ve put time, and money into an effort and continue with it even though (if it’s not working) you might be better off spending your time on something else. He uses their firm magazine as an example of this. “People tell us that it’s great branding all the time, but it doesn’t bring in big cases” Michael states. They detail how this marketing strategy costs $5,000 every month in printing and mailing, not to mention the time (another associated cost) spent on writing and designing. Which is why Michael states the money on this strategy can be much better, and successfully, spent in other ways benefitting their top referral attorneys. He also suggests that sometimes you need to try 10 things to find the 1 or 2 things that do work for your firm. “We gave it a good shot,” Delisi concludes.
The conversation shifts to a discussion on segmentation and how Delisi and Michael determine each segment and the strategies, and marketing costs, involved at each level. Delisi discusses her system for reviewing their mailing list each month to ensure those who are receiving their marketing are more likely to refer a case and thereby keep marketing costs down. This also goes to the point of spending more marketing efforts on existing relationships versus continuously dripping smaller efforts on those you’re trying to establish a relationship with, in hopes that someday they’ll start referring cases. Michael leans toward a 2 year rule, where if an attorney they are targeting hasn’t engaged with them in 24 months, then they stop using the more expensive types of marketing and simply let them continue receiving their emails, which costs almost nothing for them. Michael also describes some of the more elaborate ways they have fostered their existing relationships while finding the most important marketing tactic to keep in mind, is just to spend time with people and keep building relationships.
Continuing the topic of referral attorneys, Delisi brings up an important note about the customer experience being more than just the experience of the client at the center of the case. It goes to the deeper point of nurturing the relationships they have with their referral attorneys and not overlooking the experience they provide to them. Michael explains some of the hesitancies he’s heard from referral partners coming from “other herds” regarding cases being referred out and then having a lack of communication until a check was received or a problem arises in the case, or worse, a call to them describing the need to change the deal splitting fees. Michael and Delisi are both adamant those types of scenarios would never happen at their firm and Michael firmly disagrees with such tactics. Leading Delisi to say “your integrity is worth more than that.” They go on to discuss how their firm avoids surprises for their referring attorneys, the communication strategies they follow to keep everyone involved in each referred case, and why their relationships “truly are a partnership.”
One of the more interesting shifts in the Cowen | Rodriguez | Peacock marketing this last year was when they decided to have Delisi manage the intake department and marketing department. Delisi explains why she has been absolutely delighted by the change and how it has given her a more holistic view of their marketing efforts by not just seeing the number of cases referred, but also the value of those cases and other extremely useful insights to help her guide future marketing efforts. She describes how the relationships with the referring attorneys and their staff has grown after this decision and allows her a chance to help with each new case as it comes into the firm.
Michael segues from Delisi’s internal job of marketing to some external marketing factors and how some past experiences have led to the decisions they are making today. Delisi points out how Michael’s decision to no longer handle small auto cases which tend to settle in pre-lit has changed their marketing and also the success of their firm, but “it didn’t happen overnight.” Next, Michael discusses how they previously used a marketing firm that only did legal marketing but found their track record quickly became “triple the price for half the results.” Today, they use a marketing company with only a few legal clients, which they see as a benefit to them. But Michael adds this decision also leads to some disconnect on messaging, because the B2B marketing tactics used with attorneys is delicate and not a hard sell like other industries. They’ve also learned the same lesson by hiring a local graphic designer to help with visuals for cases, which again helps to get the perspective of someone who does not have a background in the legal world and can help to design trial visuals universally understood.
The TLN Table Talk comes full circle to a discussion on why it is important to analyze, measure, and decide on the next year’s marketing efforts before the new year begins. Michael describes their process of looking at ROI (return on investment) and how it drives much of his decision-making process as well as how it is slightly different for their firm, being that they do not market direct to consumers and focus all of their efforts on referral attorneys. Delisi ends by stating why it is important for attorneys to make time for marketing no matter how busy they are, why consistency can help during those slow business months, and shares a Henry Ford quote for everyone to keep in mind when considering a reduction of their marketing budget.
Trial Lawyer Nation plans to do more “Table Talks” in the future as this podcast has always been about inclusive learning for all in our industry, which includes learning from each other! Please keep submitting your questions, comments, and topic suggestions to email@example.com; and be sure to join our “Trial Lawyer Nation – Insider’s Circle” group on Facebook to privately interact with the show!Post Views: 1,414
By Michael Cowen — 1 year ago(1 votes, average: 5.00 out of 5)
In this episode of Trial Lawyer Nation, Michael Cowen sits down with author, trial consultant, and lawyer Phillip Miller from Nashville, TN.
Oddly enough, Phillip never planned on being a lawyer, being raised as a “military brat” traveling the country with his family that had a background in medicine in the military. It was actually the misfortune of dealing with attorneys in the wake of his father’s unfortunate passing, and subsequently, his mother passing 11 months later, which led him to want to go to law school at night while working during the day as a systems analyst. His practice started from humble beginnings to the point where he was paying overhead with no cases and not really knowing anyone in the field. However, his first case, which happened to be a car wreck, helped him to see his future in personal injury law.
Phillip credits his path to early success to his emphasis on education and taking as many CLE courses as possible. So much so that he began to have as much knowledge as those who were teaching the courses and soon after found himself invited to be on faculty with ATLA, which propelled his learning even more. Phillip notes that you don’t just get invited and start teaching. You first start out by writing a paper on the subject matter, which led to him reading more and becoming exposed to other great lawyers, and the cycle continued to help make him a better lawyer too. Michael also recalls a similar feeling of learning more from doing research and writing papers than from going to lectures to hear others speak on a topic.
Phillip discusses his views on learning from others and says that if you only talk with those who are practicing the same things in the same area, you’ll likely turn out to be just like them. Whereas he has sought to talk and learn from people from all over the world, just to get a different perspective on how others try those very same cases and continue to work cases from all four corners of the country and everywhere in between.
When asked by Michael about his approach to cases when he gets brought in, Phillip sites having worked with and picked up methodologies from Rodney Jew, like becoming an expert in taking depositions and the strategy behind them. As a great example of this, Phillip talks through the idea of “jury proof,” which goes beyond just the duty of breach, a duty of causation, and damages line of questions and instead delves into other questions that, if aren’t explored, resulting in a jury filling in their own answers. In other words, thinking beyond the obvious questions and answers that will help to win your case and looking at the case through the lens of a defense juror. Phillip goes on to say that these techniques are great for finding the “land mines” which could potentially damage a case. Then taking it a step further to use focus groups to help prioritize those detrimental pieces of jury proof, which helps to set up cases to be tried in an order geared towards a jury.
Phillip continues to talk through these “land mines” and the idea of working through the “bad” facts of a case to make them irrelevant or immaterial to the case, which sometimes includes just accepting them and moving on. He also notes that this does not always come easy to the plaintiff’s lawyers who are used to fighting for their client. Michael also points out (from something Phillip mentioned earlier in the day) that juries tend to make the trials about what you take time to make them about; so when the defense has something bad for your case and you spend time-fighting about it, you end up making the focal point of the case more about that item.
The episode concludes with a discussion of the 5 things Phillip has learned about focus groups and juries and their significance to every case. He even gives some great insights on a product liability case involving talcum powder he worked on recently that really drives one of those jury lessons home.
Background on Phillip Miller
Phillip is nationally recognized for his work as a deposition/trial strategist and has been hired by firms in 30 states and the District of Columbia to help them prepare their biggest, most significant cases. Phillip maintains an active practice in Nashville, TN. He has been certified and re-certified as a Civil Trial Specialist, he is AV rated, and has been designated as a Super Lawyer repeatedly. His innovative approaches and case strategy work, including techniques like the “Miller Mousetrap”, have earned him recognition among trial lawyers nationally. Although 70% of Phillip’s time is doing deposition/case strategy and focus groups for other firms, Phillip has personally tried to a verdict both a tractor-trailer case and a school bus case within the last 12 months.
His two most recent books (co-authored with his friend, Paul Scoptur) are “Advanced Deposition Strategy and Practice” released by Trial Guides in July 2013; and “Focused Discovery” in the newly published Anatomy of the Personal Injury Lawsuit, in 2015. His newest book “Focus Groups – Hitting the Bullseye” is published by AAJ Press and released in January 2017.
For more info on Phillip Miller, visit:Post Views: 8,971