In this Trial Lawyer Nation podcast, Michael Cowen welcomes board-certified and award-winning personal injury lawyer, Marion Munley of Munley Law. Marion describes the long family history of strong female influencers who impacted the direction she took in becoming a trial attorney, as well as the inspiration she has drawn from them when giving back in a male-dominated industry.
Marion looks back at some of her more prominent cases in the trucking industry and recalls the lessons learned from research and expert testimony. The sheer volume of interstate highways that converge in her geographic location uniquely, and unfortunately, provide ample trucking cases which have only made her expertise in this focused field more honored. As the Chair-Elect of the AAJ (American Association for Justice) Trucking Litigation Group, Marion’s public speaking engagements have been vast in the trucking litigation arena.
Marion and Michael also explore some polarizing differences in approach when obtaining new cases or referrals and how egos, verdicts, and humbleness do not all fit into the same trial attorney personalities. Marion describes her approach to this and where it’s taken her over the course of her career. Hint, hint, her solid credentials tend to speak volumes, which they both agree are always to be added to in any successful practice.
Marion’s advice to lawyers moving into personal injury law is shared and she speaks directly to the importance of mentorship, training, and opportunities needed to be displayed to the next generation of trial attorneys. In fact, based on a study shared by the ABA, Marion sites that “we know that more women have to be groomed and mentored to become the first chair as there are women out there that are VERY capable and would be great trial lawyers who are just not getting the opportunity, and that all begins with just mentoring and trying to help young lawyers navigate what to do with their careers”… which is not often an easy task. It is clear and evident that Marion’s passion for mentorship comes from a desire to further add and build more equity into the industry.
Background on Marion Munley
Marion Munley is a senior partner in the Scranton law firm Munley Law. A champion of victims’ rights, Marion devotes her practice to representing individuals and families in personal injury litigation, with a special focus on cases involving a commercial truck and tractor-trailer accidents. Marion completed her undergraduate degree from the University of Scranton and earned her J.D. from Temple University School of Law.
Marion is an active member of the American Association for Justice and currently serves on the AAJ Board of Governors. She is Chair of the AAJ Women Trial Lawyers Caucus and the first female Chair-Elect of the AAJ Trucking Litigation Group. Marion also serves on the Board of Trustees for the National College of Advocacy. She is a member of the Pennsylvania Association for Justice where she serves on the Board of Governors and on its executive committee.
Munley is the second woman in Pennsylvania to become Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy. Among her other professional affiliations is the American Board of Trial Advocates and the International Society of Barristers. She has been named to the Best Lawyers in America list by Best Lawyers since 2012. Marion has been selected to the list of Pennsylvania Super Lawyers for the last 15 years and has been consistently recognized as one of the Top 50 Women Lawyers in Pennsylvania by Super Lawyers Magazine.
Marion frequently travels throughout the United States to lecture on trucking litigation, and recently published an article in Trial Magazine on retrieving electronic data from a crash.
Throughout her career, Marion has demonstrated an unwavering commitment to mentoring other women lawyers. In 2016, the Pennsylvania Bar Association honored Marion with the Lynette Norton Award in recognition of her excellence in the law and her dedication to mentoring other women lawyers.
Click here for more information on Marion Munley
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In this Trial Lawyer Nation podcast, Michael Cowen sits down with two attorneys from Cowen | Rodriguez | Peacock, Natalie Arledge and Dylan Pearcy, for another installment of TLN Table Talk to discuss the questions on the minds of our listeners. Today’s topics focus specifically on the Academy of Truck Accident Attorneys (ATAA) annual symposium and our biggest takeaways from attending.
A brief background on today’s guests reveals that Natalie has been with Cowen | Rodriguez | Peacock for almost two years after having come from a defense background where she worked on trucking cases, among others, from the other side. Dylan also came from the defense side of things where his docket was roughly 70% small car accident cases of which roughly 50% were trucking cases.
Seeing as the ATAA symposium was a multi-day event, Michael wonders which presentations Natalie and Dylan found the most value in. Natalie explains how she found Robert Collins “What is safety for a trucking company” presentation to be the most valuable for her. In that presentation, they explored many forms and regulations to better identify what safety culture really is for a company whereas previously it had been less defined for her. In other words, not just looking at an individual negligent act, but more so the question of – does this company really care about safety? On the other hand, Dylan gravitated more toward Ken Levinson’s presentation on representing a truck driver as a plaintiff where he gained a deeper perspective on trucking cases. He felt that Ken did a “good job of going into some details about how specific factors come into play when the truck driver is the plaintiff and how they might look at an accident and their responsibilities on the road differently than maybe somebody else would.” Michael points out that Cowen | Rodriguez | Peacock has also represented a number of truck drivers over the years and having done so, has learned the nuances that come into play when a truck driver is the plaintiff.
Natalie also found Jay Vaughn’s presentation on inspecting trucks particularly valuable as it was aimed at better preparing lawyers to know what to look for and ask about when examining a truck. She also gained useful insights on what he carries with him to better understand what he’s looking at, citing that there is always value in looking at a truck or the scene to fully understand the scale of what occurred. Dylan adds to this topic, sharing his experience of truck inspections describing the importance and value of getting dirty and getting involved in the inspection to bring some validity and credibility to the case down the road. This is in contrast to the attorneys who show up to an inspection in a suit while standing back and just observing an expert inspection.
The conversation shifts to technology with an observation by Dylan in regards to what was being used in presentations and how it was being received by the attorneys in the room. The observation is a critical one at it’s core as it is much like what we do in a courtroom when we either use or don’t use technology to deliver our story to the jury and keep them engaged and interested in what we’re presenting for our clients. Michael recalls one of his side conversations at the seminar with Michael Leizerman where he describes part of our job in the courtroom is to entertain the jury in order to keep them engaged, otherwise they’ll tune out.
Dylan flips the script and asks Michael what some of his takeaways from the seminar were to which he describes some of the smaller, yet extremely valuable, tidbits he picked up on in presentations that he’s already heard in the past, but found new value in by catching things he hadn’t heard before. Michael also explains the value he’s received from the seminars just by talking and networking with others in the hallways and at the mixers. He goes on to talk about the relationships he’s built over the years and how his network of attorney friends, now allows him the ability to bounce ideas off of some of the best in the industry, find experts, get insights on other state’s laws, etc., all with just a phone call or an email that is answered fairly quickly.
The conversation wraps up with a discussion on what first time attendees might consider or keep in mind when they attend their first multi-day seminar like the ATAA symposium and how to best leverage the tools and resources available at such conferences.
These Table Talk podcasts could not happen without the interaction and questions that are submitted by our listeners. We are eternally grateful for your feedback and encourage you to continue to send us your thoughts, ideas, and questions as we love sharing our experiences with them.Post Views: 3,244
In this Trial Lawyer Nation podcast, Michael Cowen sits down with a special guest, Dr. David Ball. David is a trial consultant, speaker, and one of the “fathers” of the book “The Reptile in the MIST.” His name and his books have been mentioned on numerous episodes not only Michael Cowen, but many of our Trial Lawyer Nation guests. With several books of David’s to choose from, Michael can’t help but note how “David Ball on Damages 3” has been very useful in helping him craft opening statements and serving as an outline for many trials. He also highly recommends all trial lawyers have this book within arms-reach of their desk (more on this later in the episode). And for those trial lawyers who don’t know David personally, it is important to also note he has probably done more good for trial lawyers than anyone else in the industry.
Having started down his path many years ago, David’s mission of trying to help trial attorneys make complicated things clear, originally came from his background in theatre, where much of what he had learned in theatre has been extremely useful for trial lawyers. In fact, working with a more classical repertoire theatre with works from Shakespeare, he wondered how he could make those plays crystal clear for the audience who is listening to it and how it might relate to the legal industry. His conclusion? “I realized lawyers have 2 problems: 1. They’re boring as hell and 2. They’re not very clear about what they’re talking about.” Today David describes what he does as helping to strategize cases to maximize the principles of what we’ve learned in the neurosciences and apply it to how people really make conclusions, how decisions are made, how we know things, and how logic has very little to do with any of it. Essentially, working as a bridge between the neurosciences and the courtroom.
So, how do we get jurors to see things the way we want them to? Logic doesn’t deal with the law school version of tell them your case, they’ll understand your case, and if you’re in the right, they’ll give your client a just verdict. Justice has nothing to do with how people make decisions. How do we translate that into things you’re allowed to do in trial and in a way that will motivate jurors to do what we want them to do? David says, people don’t make their decisions on the basis of “justice,” but rather justice is simply the result of something you think you want. He goes on to explain why trial lawyers need to look at what they’ve got and then put this “stew” together into something someone REALLY wants, for it to end the way we want it to. The whole process of trial, as David describes it, is an alignment.
David continues to describe this alignment by combining solid research along with all the things he’s learned in theatre about what real storytelling is. The fundamental thing about The Reptile, he describes, is by getting the jurors to want themselves to be safe and live in a safe world, that becomes their want. He also points out that in order to get their want, he also needs to get his client’s “want,” which is money. Michael adds to this by stating the only power the jury has in the courtroom is to give or deny money in the case. David goes on to say that if the attorney is presenting their case well, jurors will understand if they give a good verdict it will make their world safer, but also giving a bad verdict will make their world a more dangerous place than it is now. In other words, once the jurors walk into the courtroom, they will be walking out with either a safer world or a more dangerous world, but it will never be the same way as when they walked in. Furthermore, David explains when you ask a client why they are doing the case, not only will they say it’s because they need the money (compensation) but they also want to make sure this won’t happen to anyone else. To expand on his point, David shares an example from his early years watching the trial of a case involving a wealthy woman in North Carolina, who was rear-ended and clearly didn’t need the compensation from the case. The answer the woman gave him when he asked her why she was going through with the case, even though it was painful, is priceless. And it helps us understand why even the smallest cases are important in making the world a safer place. David also talks about the points he describes to the jurors regarding their potential complicities in what they allow the defense to get away with and the affects it will have on others who face the same situations in the future.
Which leads Michael to pose the question, “how do we figure out what the jurors want?” David goes through a laundry list of things we know about what jurors want, including through focus groups and the neurosciences what motivates us to want something. Boiled down to its core, David explains this with a great example of teenage boys as jurors, which will shock you and make complete sense. And he wraps up with describing the fundamental drives that keep us alive, as well as the impact of disrespect and humiliation.
The topic shifts at one point to talk about when the other side brings in what they call an “independent medical examiner,” three lies in one person’s title, David jokes (sort of). Rather than disagreeing with their conclusion, David proposes you show what they did wrong in their methodology, to show they purposely arrived at the wrong conclusion. He goes on to show how the right types of questions posed to your own experts can further point out the flaws in their conclusions without the need to call the defense’s independent expert a liar. Michael also adds how it can be very effective to discuss the idea of a defense’s witness as “independent,” when they’ve been picked and paid for by the defense, in helping the jury not feel like their intelligence is being disrespected. David continues to talk about the difference between describing the defense as someone who may lie in order to protect themselves vs. someone who is disrespecting the jury by insulting their intelligence and the impact this can have on a jury. He goes on to point out how it is analogous to the difference between a doctor lying to a patient, where the patient might be being disrespected but the juror is not vs. a doctor getting on the witness stand and deliberately misleads the jury, and as such, disrespecting them.
One of the things David describes as loving about what he’s been able to do, is when he started writing his first theatre for trial book, there was nothing. Nobody was doing anything in the way of teaching major overall strategy and there were certainly no books on damages or doing it. He’d like to think that the Damages book helped give rise to this whole other industry. In one hand he should hate it, he created all his own competitors, and on the other hand it is the greatest feeling in the world for him.
David also suggests for every attorney to page through their Damages 3 book on a consistent basis to examine it through the lens of the case you’re working on currently, in order to see things you never saw before. He suggests this, mainly because so much information is lost after seminars and reading other books, because the only things you likely retain are the things which pertain to the case you’re working on right now.
Michael and David move on to the topic of the principles of persuasion and how David has brought his theatre experience into the courtroom. Revisiting the idea of “real storytelling,” David talks through the actual history of storytelling and how it has evolved over time. He points out why you have to make people want to hear the next part of the story, AKA “narrative thrust,” using “dramatic tension” to create tension between this moment and the next moment, and the next moment could be an hour away or two minutes away. Crafting what David describes as “forwards” where everyone sees the anticipated moment in the story and wants to hear it for themselves. He also points out these forwards are very case specific, very particular to the story, and it is a relatively sophisticated thing to do for people who are not natural born storytellers, but you can learn to do it. And he describes why the context in storytelling and where you put pieces of information in the story matter significantly to shaping the story.
Michael and David touch briefly on social media and a trial lawyer’s first amendment right, where it is important to note David believes if you are a trial lawyer, you have accepted a fiduciary responsibility to your client which trumps your ability to have free speech. He also believes society has become so divisive these days on social media and now face to face, where we now have the challenge of bringing both sides together to fight for an even greater cause. David uses the example of 2 people fighting, but when someone comes in and tries to do harm to them, they will both unite because they are both in danger and need each other to save themselves. The heart of such a scenario, is the aim of every trial lawyer when working with diverse juries.
Digging deeper into David’s theatre background, Michael talks about how he has yet to see a trial lawyer facing a potentially multi-million-dollar trial rehearse as much as a community theatre where 30 people may be in the audience. David shares how being a trial lawyer is the only area of public performance where they don’t rehearse. He goes on to suggest you cannot fully rehearse on your own and, a full rehearsal, means a dress rehearsal. In the same way you cannot have football practice without eventually having a scrimmage with another side. When you are on the stage, you have a million other things on your mind, you’re being “Hamlet.” When you’re a lawyer, you’ve got your peers, the judge, and the jury all watching you. It distracts your attention from where it needs to be, so you seem very nervous. You cannot be a leader of human beings when you’re very nervous. And the best lawyers are leaders of human beings.
The podcast ends with a discussion on charisma in the courtroom as well as David’s important work in the criminal defense industry. And after spending this episode with David, it’s clear to see why so many trial lawyers look to him as a powerhouse in the industry.
“Please note the TLN19 discount code mentioned in this show has now expired.”
David Ball, who wrote trial advocacy’s best-selling strategy book – David Ball on Damages — is a litigation researcher and strategist with North Carolina’s Malekpour & Ball Consulting (JuryWatch, Inc.). He is the nation’s most influential jury consultant, communications expert, and advocacy teacher. His training is in science, engineering, and small-group communications, and he is a 30-year veteran of the professional theater.
Dr. Ball and his partner, lawyer/consultant Artemis Malekpour (firstname.lastname@example.org), consult on civil and criminal cases across the country. They are routinely credited with turning the most difficult cases into significant victories. They are the nation’s only trial consultants qualified to safely and comprehensively guide attorneys with Reptilian, David Ball on Damages, and David Ball on Criminal Defense methods and strategy. Their hundreds of brainstorming sessions – “WorkDays” – have become the gold standard for case-strategy development.
In addition to David Ball on Damages, Dr. Ball’s other landmark advocacy books include Theater Tips & Strategies for Jury Trials, Reptile (with Don Keenan), Theater for Trial (with Joshua Karton), Reptile in the MIST, and David Ball on Criminal Defense.
Dr. Ball has taught law students at North Carolina, Wake Forest, Pittsburgh, Minnesota, Roger
Williams, Loyola, and Campbell schools of law, and at Duke Law as Senior Lecturer. He’s an award-winning teacher for the North Carolina Advocates for Justice and the American Association for Justice’s National College of Advocacy. He has long been among the nation’s most in-demand of CLE speakers. His favorite job was taxi driver in the 1970s in Stamford, CT, and his Daddy was a Catskill Mountains bootlegger during Prohibition.
Dr. Ball is also a pioneer in adapting film and theater methods into trial techniques. His theater/film students have won Oscars, Obies, Tonies, and Emmies; his scripts have been staged at professional theaters off-Broadway, throughout North America, and overseas. He helped to lead the Guthrie Theater, as well as Carnegie-Mellon University’s renowned theater conservatory and, as Chair, Duke University’s Drama Department. His best-selling film and theater training book, Backwards and Forwards, has been the field’s standard every year since 1984, and is now in uses by trail lawyers as well. His crossover books, Theater Tips and Strategies for Jury Trials along with the new Theater for Trial, are the standards for the use of film and theater techniques in litigation.
Dr. Ball also wrote the cult classic film Hard Rock Zombies, though he made up for it by writing Swamp Outlaw, a novel about Civil War Era Lumbee hero Henry Berry Lowery, now under option for a motion picture. (TV viewers: Dr. Ball and Dr. Bull deny each other’s existence.)
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In this Trial Lawyer Nation podcast, Michael Cowen sits down with Tim Whiting, of the Whiting Law Group in Chicago, for a conversation exploring the journey which has led to Tim’s outstanding $9M settlement on a recent trucking case.
While Tim primarily handles trucking cases in his practice, this wasn’t always the case. Tim’s story begins from humble beginnings and feeling “poor” as a young boy. When given a homework assignment about what he wanted to be when he grew up, the only thing he could think of was not to be poor. In the process of researching what he wanted to be, he stumbled upon a book by Melvin Belli, a prominent lawyer known as “The King of Torts” which immediately locked him into the desire to become a lawyer and not feel poor.
Tim went on to law school on a wrestling scholarship, which also led to an introduction by his wrestling coach to a well-connected attorney who ultimately introduced Tim to his first job at a large insurance defense firm in Chicago. After about 5 years, feeling miserable as ever, still struggling financially, and watching some good and not so good plaintiff lawyers win large sums of money for their clients, Tim decided “that was the side of the fence I needed to be on” which led to his decision to be a plaintiff lawyer. Ironically, when he told his then boss that he was quitting to start his own plaintiff’s firm, his boss not only laughed at him, but also told him he’d fail within 6 months and he’d keep his chair open for when he comes back.
Starting his firm from his apartment, Tim was hungry for success and started calling up defense and plaintiff lawyers that he had met and taking them out to coffee to give them his sales pitch and tell them he would be very available to their clients and get great results for them. One case led to another and he found some success which led to his nomination for the Top 40 under 40 award in Chicago. Things continued to grow as he moved into an office suite, hired his first assistant, and brought on 4 other lawyers all to find himself several years later still feeling pretty unhappy, even though he was no longer poor. Having a kind of one-on-one intervention with himself, he thought inside “if this is what it looks like the rest of the way, this is not what I want” as he was running rampant doing all kinds of cases with a large docket and feeling some self-doubt having never really experienced any formal trial training. This is when he decided to scale back to 3 lawyers and take on about half the number of cases.
Feeling better already during this process, he happened to take on a trucking case where the company had $1M but the losses were much more. Having never been a part of any attorney organizations before, and as fate would have it, the AAJ conference was in Chicago that year and Tim decided to go. For those who have been to an AAJ conference before, you can imagine all the great information Tim was able to absorb through AAJ’s Trucking Litigation Group listening to people like Michael Leizerman and other top trucking lawyers speak, and also chasing down Joe Fried in the hall (a story that lives in infamy to this day). Tim credits this conference, Joe Fried, Michael Leizerman, and other great trucking attorneys for inspiring him to make the leap and have a more trucking focused practice.
This podcast continues through Tim’s journey going to Trial Lawyers College later in his career, with he and Michael then sharing their opinions on when is the right time for an attorney to devote the time and energy to Thunderhead Ranch. Tim also shares a quote he used to have on his mirror in his wrestling years “Champions aren’t born, they’re built” and how he continues to build himself in a way that is insightful and meaningful every day. His genuine and very honest conversation in this episode makes it clear Tim is proud of his work and has not only excelled in his journey to becoming a successful trial lawyer, he is still on his journey. Michael agrees that the journey is never over and adds, “You can’t just go to one program and become a master.” You need to continually be learning, bringing the conclusion of this episode together where Tim’s journey has resulted in a recent $9M trucking case and he describes how his continued learning has led to it all.
Timothy M. Whiting is a Nationally board-certified truck accident* trial attorney. Tim has received Board Certification in Truck Accident Law from The National Board of Trial Advocacy (NBTA). To qualify for this prestigious certification, Mr. Whiting was required to demonstrate extensive legal experience in truck accident law, as well and meet rigorous objective quality standards as required by the NTBA.
He is a graduate of the University of Wisconsin Law School and is licensed to practice in both Illinois and Wisconsin. As a trial lawyer, Tim has represented victims of trucking accidents, auto accidents, construction accidents, medical malpractice and serious personal injury cases across the country, winning jury verdicts and settlements in over 10 counties across four states. Since 2019, Tim has committed solely to the representation of individuals or their loved ones who have been harmed in trucking crashes.
To further his own understanding of representing victims of truck accidents, Tim obtained a Commercial Driver’s License (CDL). After passing intense testing and driver training, Tim is legally qualified to drive a 18-wheeler truck. This experience has allowed Tim to have a better understanding of how to safely operate a semi-truck and trailer and what may have gone wrong that led to his clients or their loved ones being harmed in a trucking accident.
Due to Tim’s success and commitment in handling serious truck wrecks in Illinois, Wisconsin and in several of the other parts of the United States, he is regularly sought out by other lawyers around the country to either co-counsel or consult on their respective clients’ cases who were harmed in serious trucking accidents.
Tim has been invited to join the nationally recognized Gerry Spence Trial Lawyers College (TLC) as part of the class of July 2019 – the 37th class to graduate from their 3-week program since the College began in 1994. 1,976 graduates have preceded Tim, and with an ever-increasingly rigorous pool of candidates, his selection was of the highest honor of a trial lawyer in the country.
As a result of his accomplishments in representing victims of truck accidents and serious personal injury, Tim has been recognized as one of the Top 100 Lawyers in Illinois by the National Trial Lawyers Association since 2008.
In 2015, he was named a Leading Lawyer for Personal Injury Law, an honor earned by fewer than 5% of attorneys in Illinois.
Martindale-Hubbell Law Directory, a top legal publication rating lawyer’s abilities, ranked Tim AV Preeminent, the highest rating a lawyer can receive for Legal Ability and Success in personal injury. (AV Preeminent is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.)
In 2018, Tim was named as one of the – Top 10 trucking accident trial lawyers by The National Trial Lawyers Association, for his tireless work and proven success in protecting the rights of those injured or killed in truck crashes.
Previously, Tim had been named by the Law Bulletin Publishing Company as one of the Top 40 Lawyers Under Age 40 in Illinois.
Tim has been appointed to the Executive Board, the Board of Regents, and the chair of the New Lawyers Division for the Academy of Truck Accident Attorneys (ATAA).
Tim also serves on the Executive Board of the American Associations of Justice (AAJ) Interstate Trucking Litigation Group.
Tim serves on the Board of Catholic Charities and its Legal Advisory Committee. He is also active in the National Kidney Foundation of Illinois by fundraising and raising awareness about kidney disease and live kidney donation. Tim serves on the Advisory Council for the Northwestern Medicine Comprehensive Transplant Center to promote and advance the mission of transplants to save lives. He also is committed to his local communities, by personally supporting a number of local organizations and their efforts to provide for the homeless and underprivileged people of Chicago.Post Views: 3,181