In this Trial Lawyer Nation podcast, 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 — 3 years ago(3 votes, average: 5.00 out of 5)
In this Trial Lawyer Nation podcast, Michael Cowen sits down with accomplished trial lawyer and national speaker, Tom Crosley, who has been incredibly successful in trying cases involving Traumatic Brain Injuries (TBIs).
Tom’s start in TBI-specialized cases began with a case involving a plumber who had a neck and shoulder injury with seemingly normal readings on his CT and MRI scans. The more he worked on the case, the more he found out through his client’s wife that his client just wasn’t the same as before the incident. It was when the defense lawyer was taking the plaintiff’s deposition that Tom realized his client likely had a TBI. All the things a plaintiff’s attorney cringes at in a depo were happening, from his client flying off the handle at the defense attorney, to forgetting his kid’s birthdays. Basically, all the things you think are going to be bad for your case. By the end of the deposition, Tom went from thinking this was a neck and shoulder injury case worth hundreds of thousands of dollars to thinking this could be a TBI case more than likely worth millions.
This sent Tom off to learn as much as he possibly could about TBIs, all in the face of having normal scan results, which back then were seen more as a barrier to proving TBI cases. His research inevitably led him to finding a case study where war veterans of Iraq and Afghanistan were not displaying outward signs of TBIs, nor were their CT or MRI scans showing any abnormalities, but were found to have TBIs through additional testing. Not to give the whole story away, but Tom tracked down the lead researcher, his client was tested and found to have a mild TBI, the case was won with a verdict over 20X the initial offer given pre-trial, and Tom’s specialty for TBI cases had begun.
Since then Tom attributes his ability to go from never having tried a TBI case to now being one of the country’s top TBI lawyers, to his penchant for reading medical literature and going to legal and medical conferences in order to gain knowledge of the cutting-edge science happening with TBIs. He also admits it’s not all brain science with TBI cases, but it also includes some very human nature elements sometimes overlooked. Things like before-and-after witnesses who can relay their own experiences with a plaintiff in a meaningful and impactful way, having nothing to gain from doing so. This puts the decision on the jury to conclude that this invisible injury (which many defense lawyers will proclaim isn’t real if it can’t be seen) either has a lot of people lying about it for the benefit of the plaintiff, or there is something very real about it given those who have first-hand accounts of seeing the plaintiff’s evolution from pre-injury to their current state. Michael shares his own firm’s experience about the timing of getting other witnesses involved in TBI cases and the hard lessons that experience has brought with it.
Next, Michael explores how Tom transitioned from having success with just one TBI case to building up the number of TBI specific cases to become successful. To which Tom explains that the sequence of your evidence at trial makes a big difference on the outcome of the trial and shares a perfect example based on his experience of the order where he has found the most success over time. Tom discusses the patterns which tend to work for him, although his process is nothing close to being cookie-cutter, and shares “just like no two snowflakes are alike, no two brain injury cases are alike.”
Michael and Tom both reference a shocking study which shows upwards of 56% of TBIs are misdiagnosed or go undiagnosed completely. Tom digs in and goes over some of the reasons WHY they get missed, starting with the most obvious in a traumatic medical situation where other orthopedic injuries tend to get the attention; i.e., someone goes to the ER with a bone sticking out of their leg and a concussion – the doctors focus on the bone first. Another challenge Tom points out is while a TBI is an invisible injury, their symptoms can also be described as things not brain injury related, such as age, depression, PTSD, psychiatric history, which also cause symptoms that mirror those of a TBI. So, the challenge becomes, in these cases, to figure out how those symptoms are related to brain damage and not related to something else. He goes on to discuss the lack of training most physicians receive on what to do with concussion patients, which adds another layer of complexity to many TBI cases.
Michael asks the question on all trial lawyers’ minds who work on TBI cases, and that is “what are some of the things that we should be doing when we get hired on these cases early in order to have the best possible chance of winning the case?” Tom explains the number one piece of advice when trial lawyers run into these types of cases is that as long as the plaintiff/patient is experiencing symptoms, they need to be getting documented in the medical records. You don’t want to go to trial with a gap in records where these life-changing symptoms are occurring, which Michael also points out is likely no different than the advice that you would give to a friend or a family member.
Michael and Tom explore several other nuances of TBI cases; but in the end, Tom explains, we are painting a portrait of a person whose life has been changed forever. Similar to a wrongful death case where the person who existed before is no longer; helping a jury understand the impact a TBI has on a person, their family, and the future and how this person no longer exists as they did before is EXACTLY what can turn a $100k case into a $16M case.
About Tom Crosley
Tom Crosley received his bachelor’s degree from the University of Texas in 1988, and his law degree from the University of Houston in 1992. He was admitted to the bar in the State of Texas in 1992 and is also admitted to practice in the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas, as well as the United States Court of Appeals for the Fifth Circuit. Prior to forming the Crosley Law Firm, P.C. in 2005, he was a partner with Branton & Hall, P.C. in San Antonio, where he worked for ten years. He began his legal career in Houston as an associate at Brown McCarroll, LLP.
Mr. Crosley is “AV” rated by Martindale-Hubbell, and is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy. He is a past president of the San Antonio Trial Lawyers Association in 2002. In 2001, he served under appointment by the Bexar County Commissioners Court to the Advisory Board for the Bexar County Dispute Resolution Center and he served in that position until 2006. He is a member of numerous legal organizations, including the American Association for Justice. He has been an active member of the Texas Trial Lawyers Association (Director, 2005-present, Advocates Director, 1999-2001), the San Antonio Trial Lawyers Association (Director, 2000-2001, President, 2002), the American Board of Trial Advocates, San Antonio Chapter (inducted 2004, Secretary, 2014, Treasurer, 2014, Vice President 2015, President-Elect 2016, and President 2017), the American Bar Association, the Texas Young Lawyers Association (Director, 1997-2001), the San Antonio Bar Association (President-Elect, 2018-2019, Vice President, 2017-2018, Secretary, 2016-2017, Treasurer, 2015-2016, Director, 2004-2006 and 2013-2016), the San Antonio Young Lawyers Association (Director, 1997-2001, Vice President, 2000) and the American Inns of Court. Mr. Crosley is a Life Fellow of the Texas and San Antonio Bar Foundation and is a member in good standing of the State Bar of Texas. Mr. Crosley has tried 50 cases as first-chair trial counsel, nearly all of them from the plaintiff’s side of the docket.
Mr. Crosley frequently serves as an author and speaker at legal seminars, usually on topics related to personal injury trial law. Mr. Crosley has been selected as a Texas Super Lawyer each year since 2004 and has been named as one of the Top 50 Lawyers in Central and West Texas by that publication for the last several years.
Mr. Crosley’s docket of cases includes personal injury and wrongful death cases arising from automobile and trucking accidents, defective products, medical malpractice, and related areas. In 2006 ($28,000,000), 2010 ($16,000,000), and 2016 ($11,485,000)Post Views: 6,888
By Michael Cowen — 9 months ago
In this Trial Lawyer Nation podcast, Michael Cowen and his Director of Marketing and Business Development Delisi Friday are joined by a VERY unique guest – David Koechner! David is a Hollywood actor and comedian who has starred in over 190 films and TV shows. He is best known for his roles as Todd Packer from “The Office” and Champ Kind from “Anchorman” and “Anchorman 2.” You may be wondering how David has any connection to attorneys, but we assure you this episode is full of timely advice for trial lawyers and is just what we need to hear right now. The trio will discuss David’s path to success and his advice for presenting to an audience (think: the jury) both in person and through a screen.
The episode begins with Michael briefly explaining the premise of this special episode. He explains how David comes from the TV/film world, and lawyers are now having to adjust from a live audience to an audience through Zoom. He shares how he’s excited to “learn how to communicate with other human beings through a screen,” or a jury spread out across a stadium or convention center for socially distant in-person trials.
Michael then asks David about his background and how he got into acting. David shares how he grew up in a small town in Missouri and began working for his father’s turkey coop manufacturing business at the age of 7, something he says instilled a strong work ethic in him from a young age. Being from a small town, David had no idea acting was a possibility for him having never met an actor himself. So, he decided to attend college with a political science major where he realized in his third year that “To be in politics, you either need to come from a political family, you’re incredibly wealthy, or you’re the smartest person in any room you walk into. I was none of those things.” He then dropped out of college and worked three jobs until he visited Chicago to attend a “Second City” performance and realized, “This is it. This is what I’m going to do.”
From that moment on, David spent the next 9 years on stage at least 4 nights a week, putting in his “10,000 hours” and citing the book Outliers by Malcolm Gladwell until he made it onto Saturday Night Live. Michael aptly compares this to up-and- coming trial lawyers – you have to try a lot of small cases before you get a shot at the big ones. They follow with an insightful discussion of the role of “luck” in being successful, which David believes is “really about hard work, isn’t it?”
They then move onto the topic on everybody’s mind right now – How do you effectively communicate with a jury when you’re either wearing a mask or limited to a screen? David recognizes the challenges of doing so, but emphasizes that the most important thing is always your connection to the story. He believes that is the compelling part of any presentation – whether in the courtroom or through a TV screen.
David continues with his recommendations for preparing to present while wearing a face mask. He suggests that lawyers preparing for an in-person trial in the COVID era start observing other people wearing face masks wherever they go. He explains how you can easily tell if someone is calm and purposeful, or agitated by looking at their body language.
Delisi then explains that Michael is going to be conducting voir dire in a football stadium in his upcoming trial. She asks David for advice on how to use your body in a venue that big to make everybody feel included. David suggests that Michael purposefully look at every single person he’s addressing, think about where his words will land, and pace around as he speaks so everyone feels included in the conversation. He also shares a very insightful strategy he uses when preparing for a show in a new venue, which will be helpful to every lawyer listening in future trials and other presentation preparation.
Michael then inquires as to how actors make the audience believe they’re reciting something for the first time when it’s actually been scripted and rehearsed countless times. David astutely replies – “I think that’s the point – rehearse.” He continues by explaining that if he has his lines completely down, he’s fully present and available because he’s not searching for his lines. This gives him (and every actor) the opportunity for “discovery” in a scene, where he is fully engaged with his scene partners and able to truly listen and react honestly to what they say. And it results in successful improv when he films with his comedy peers, like Will Ferrell and Steve Carell.
A brief discussion of the importance of letting silence sink in leads to a very interesting conversation about trusting your audience. Michael shares his experience of switching his mentality of “I need to say everything I have to say” to “It’s not about what I have to say, it’s about being heard,” and with that transition learning to trust the jury more and focus on telling the story, not on controlling the jury.
David then adds, “It’s about respect. You’re respecting the jury to make their own decisions. That will come across.” And while the difference between a crowd at a comedy show and a jury in a courtroom are apparent, the commonalities they share run deep. As Delisi so eloquently puts it, “at the end of the day you’re both storytellers.” David continues by explaining how if he hasn’t heard a laugh in 5 minutes, he knows he needs to change something about what he’s doing. While jurors don’t openly laugh or react, Michael insists “You know when you’re resonating with another human being. You feel it.”
They continue on this note to discuss coping with a loss. David shares how he always mentally prepares to fix what went wrong and assumes, “This is going to go well. Period.” David then describes his favorite adage to tell nervous actors, which is that you always hope the person presenting does well. While admitting it’s marginally different for lawyers, he insists that “they at least hope you’re competent,” which Michael agrees with wholeheartedly, ending this conversation by saying “People want to do the right thing.”
David, Michael, and Delisi end the episode by discussing David’s new business, “Hey, Good Meeting!” Michael and Delisi previously worked with David to surprise the audience at this year’s Big Rig Boot Camp with a comedic appearance by David. These types of events are exactly what Hey, Good Meeting specializes in and provides a unique experience with nationally recognized actors and comedians. If you’d like to book a live comedy experience customized for you and your guests at your next virtual event, holiday party, or referral partner gathering, go to www.heygoodmeeting.com for booking information.
This podcast also covers why all men are secretly 14 years old, what was so special about Chicago in 1996, the importance of listening, playing an outrageous character convincingly, applying the “Rule of 3” to the courtroom, David’s favorite improvised scene from “Anchorman,” using body language to communicate, how David deals with hecklers, and so much more.
Actor, writer and producer David Koechner grew up in Tipton, Mo. working for his father in the family’s turkey coop manufacturing business. He studied political science at Benedictine College in Atchison, Kan, and then transferred to the University of Missouri. After college, Koechner moved to Chicago, where he studied improvisation at the IO (formerly the ImprovOlympic) with Del Close and Charna Halpern. He went on to become an ensemble member of Second City Theater Northwest.
From there, Koechner spent one season in the cast of “Saturday Night Live” before moving to Los Angeles and landing guest appearances on “Curb Your Enthusiasm” and “Reno 911” and a recurring role on “Still Standing.” He co-starred in indie films such as “Dill Scallion,” “Wakin’ Up in Reno,” “Dropping Out” and “Run Ronnie Run” while also turning solid performances in studio comedies such as “Out Cold,” “My Boss’ Daughter” and “A Guy Thing.” Koechner, along with Dave “Gruber” Allen, developed and performed The Naked Trucker & T-Bones Show on stage at Club Largo in Los Angeles. The show later became a Comedy Central series.
Koechner’s first major film break came when he was cast as Champ Kind in “Anchorman: The Legend of Ron Burgundy” (a role he reprised in 2013’s “Anchorman 2: The Legend Continues”). Koechner has been seen in a variety of studio and independent films such as “Daltry Calhoun,” “The Dukes of Hazzard,” “The 40 Year Old Virgin,” “Waiting,” “Yours, Mine and Ours,” “Talladega Nights: The Ballad of Ricky Bobby,” “Snakes on a Plane,” “Let’s Go To Prison,” “Semi-Pro,” “Get Smart,” “My One and Only,” “The Goods: Live Hard, Sell Hard,” “Extract,” “Final Destination 5,” “A Haunted House,” “Paul,” “Scouts Guide to the Zombie Apocalypse,” “Priceless,” Legendary’s “Krampus,” the animated feature “Barnyard,” the critically acclaimed “Thank You for Smoking,” and the film festival award-winning thriller “Cheap Thrills.” He also starred in the Fox Atomic comedy “The Comebacks.” Recent film projects include “Then Came You,” “Braking for Whales” and “Faith Based,” as well as the upcoming indie horror thriller, “Vicious Fun.”
Koechner currently plays Bill Lewis on ABC’s “The Goldbergs” and recently appeared on ABC’s “Bless This Mess,” CBS’s “Superior Donuts,” Showtime’s “Twin Peaks,” Comedy Central’s “Another Period” and IFC’s “Stan Against Evil.” He also voices reoccurring characters on FOX’s “American Dad” and Netflix’s “F is for Family” and “The Epic Tales of Captain Underpants.” Koechner is well-known for his character Todd Packer on NBC’s hit comedy “The Office.”
When not filming, Koechner performs live stand-up comedy across the country and creates original content videos for his YouTube channel, “Full On Koechner.” He also co-hosts Big Slick Celebrity Weekend – an annual charity event benefitting Children’s Mercy Hospital of Kansas City – with fellow KC natives, Rob Riggle, Paul Rudd, Jason Sudeikis and Eric Stonestreet. Koechner currently resides in Los Angeles, California.Post Views: 2,831