Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Android | Email | Google Podcasts | Stitcher | RSS | More
(1 votes, average: 5.00 out of 5)
Loading...
In this episode of Trial Lawyer Nation, Michael Cowen sits down with a licensed attorney and founder of Preferred Counsel, Morgan Matson. Morgan specializes in connecting job seekers with great firms and vice versa for law firms and legal departments in companies of all sizes who are looking for legal talent.
Starting as a litigator doing mass pharma defense work, then moving on to work for a smaller boutique firm handling medical defense litigation, Morgan found his purpose to be more of a “connector” than a “divider” which then drove him to start working for a recruiter and ultimately owning his own recruiting firm since 2007. He notes his enjoyment for working with small to mid-sized law firms mainly due to finding that “all the boxes that need to be checked” when those firms are looking for a candidate, become amplified when the office dynamics are much more close-knit than in a larger firm.
In a world that has taken “digital” job searches to seemingly every corner of the globe, Morgan is not only happy to be a legal “headhunter” but explains that his localized, relationship-driven recruiting tactics actually have an even greater competitive advantage in this day and age. Morgan leverages his experience as a litigator to find the needle in the haystack for law firms, oftentimes finding the people who are NOT actually looking to make a move to be the best candidates as they are happily working … until Morgan calls with a very unique opportunity. Michael also points out from his own experience the troubles that come with having to sift through hundreds of resumes and find many with exaggerated qualifications.
For those who are looking to break into the legal industry, Morgan sites that recruiters can be an extremely good resource along with professional social media platforms, such as LinkedIn. Morgan elaborates on LinkedIn as being a fairly under-utilized resource in that there are many groups you can join and ways you can find commonalities with others who are doing what you want to be doing, at which point you can connect with them and find out if there is an opportunity foreshadowing or being hired at their firm. Michael and Morgan also discuss the need to get involved and start having conversations with those who you aspire to work with, whether that’s through attending CLE courses and starting conversations, or by simply picking up the phone and politely pursuing those who are either in the position you want to be in or who may have the ability to hire you. All of this contact, of course, should be done with respect and in search of understanding what it may take to achieve your career goals.
Morgan reveals several other tips for candidates and those looking to hire talented legal professionals throughout the podcast and ends with a striking description of his firm’s fee structure, for both candidates and employers, which is likely not how you think … remember, “relationship-driven.” Michael also uncovers a particularly beneficial reason to utilize a recruiter which ALL law firm partners can certainly relate to. All in all, Morgan is the type of recruiting resource any candidate can appreciate and any sensible law industry employer needs.
Background on Morgan Matson
Morgan is a 1999 graduate of The University of Texas School of Law. From there, he worked as a litigation associate with Fulbright & Jaworski (n/k/a Norton Rose) and later Ball & Weed, a litigation boutique where his practice focused on the defense of healthcare professionals in civil litigation matters and before the state licensing boards. In 2007, he founded Preferred Counsel, a legal recruiting firm focusing on the placement of lawyers and support staff in law firms and corporate legal departments throughout Texas on a direct hire, contract, and part-time basis.
For more info on Morgan Matson visit:
-
29 – Keith Mitnik – Thoughtful Prep for Winning Cases
Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Android | Email | Google Podcasts | Stitcher | RSS | More
(5 votes, average: 4.80 out of 5)
Loading...
In this episode of Trial Lawyer Nation, Michael Cowen sits down with renowned attorney, host of the Mitnik’s Monthly Brushstrokes podcast, and author of “Don’t Eat the Bruises – How to Foil Their Plans to Spoil Your Case” published by Trial Guides [TLN users can use discount code “MITNIK19” to purchase the book]. With a $90M verdict, ten 8-figure verdicts, and a ton of 7-figure verdicts under his belt, Keith’s vast knowledge of trying civil court cases is truly extraordinary, to say the least.
Michael hits the rewind button right up front to ask Keith how he learned to become a trial lawyer. Keith recalls how he knew from a very early age that he wanted to become a lawyer, but always assumed he would become a criminal lawyer. It wasn’t until he asked a professor of his about connecting with some of the best lawyers in Orlando, which happened to be partners of his professor, that Keith learned about other opportunities outside of criminal law. His journey to becoming a civil trial lawyer was organic but swift, having interned for the lawyers his professor introduced him to, and trying his first case only 2 months after becoming licensed with the firm. Keith attributes much of his learning back then to being allowed to dig right in and learn from being “in the trenches” versus following someone around for 10 years before getting any “real” experience. It also helped that both his mentors were exceptional lawyers who came from opposite schools of thought, where one was the type to turn over every stone and simply outwork the other side, and the other was a brilliant free thinker in the courtroom. Michael also points out the myth that it is hard to get trial experience these days, whereas he suggests doing what he did in the beginning: get out there and tell other lawyers you’ll try their Allstate cases, and there are a lot out there to get experience from. It is also important to recognize there is value to taking a case to trial well beyond the verdict or settlement that is reached, especially for attorneys looking to get experience. Keith also advises young lawyers going into the courtroom that “it’s not about being pretty.” Jurors are not deciding about things based on how polished you are. They are deciding it based on your integrity, believability, honor, honesty, AND the preparation you did to get there. Not just in the hard work, but in the mental preparation of thinking through how it’s all going to play out and putting yourself in the best framework to maximize your chance of winning. And all of that happens outside of the bright lights and intimidation of the courtroom.
Michael notes that one of the things he’s taken away from Keith’s books, podcast, and other teachings, is that he really takes the time to think through his cases and the best way to present them, but asks Keith exactly how he structures his life in a way that allows him to have enough uninterrupted time and deep focus to do the case right. Keith says anyone can learn to be a good talker, but what separates you from the pack is the thinking that goes on before you enter the courtroom. Most of the good talkers he’s seen have just gotten good at repeating the same, somewhat canned “routine,” or have gotten good at memorizing those lines. Whereas the exceptional lawyers separate themselves from the others because of the mental process of planning before they ever walk in and recognizing that the other side is going to put up a good defense, as they always do. Essentially preparing to dismantle their defense and ideally leave them with nothing. Keith goes on to explain not only will that set you apart, but it’s also the fun part of trying a case because you can be working toward solving the problems of the case no matter where you are in litigation. Keith then reminds us of Sherlock Homes and how his greatest gifts were not his analytical strengths or his extraordinary knowledge of science, the arts, math and physics, but rather it was his ability to focus on a problem long enough to solve it. Ideas and practices like this are good reminders not to shortchange yourself on one of the true joys of trial work and will likely also be included in Keith’s upcoming book. Before leaving the topic, Keith talks about one other core principle that he uses on every contested point of a case, which he calls “the wisdom of the whys,” where he asks why are we right and why are they wrong? Of course, you need to be brutally honest with yourself with these points, so you can see the times when the opposition is right on a point here or there, and then be able to take things one step further for those points to ask, even though they are right on one point, how are we still right overall, which Keith refers to as the million dollar question.
The conversation shifts to talk about the methods used to persuade a jury to give full damages in a case, or as Keith refers to it, maximum justice. Keith uses a two-pronged approach for this, the first being that you as the attorney need to believe in the number you are fighting for, and the second being that you need to present the jury with a reasonable damage model. This approach of believing and validating to the jury why your client deserves the damages you are asking for, and in some cases may seem like an extremely high number at first, allows the jury to gain perspective on the numbers instead of smelling the fear of those who might be inclined to just pick a big number out of the air that even they don’t understand or believe their client is deserving of. Keith also suggests if you can lay out a damages model that the jury can understand, even if they disagree with it, they can at least have the ability to discuss it in a format that makes sense instead of punishing you or your client for damages no one believes are just. To drive the point home even further, Keith describes the “pep talk” he’s given himself in the past about why he is trying this case in the first place and the thoughts he needs to be overcome, especially in the early years of a practice, in order to have the full and deserving confidence for what is being fought for in the courtroom. Truly inspiring and passionate words.
Keith and Michael are able to fit almost a full day’s worth of topics into this episode that every lawyer is likely to learn from including connecting with the jury through the power of analogy, tips and tactics for approaching voir dire to establish the ideal jury, the burden of proof, and the detailed strategy Keith uses to prepare for closing that gives him all the confidence in the world by design. Keith also is kind enough to offer an emailed version of a memo he drafted internally for his office regarding putting an end to the defense belittling the pain of your client just because you can’t see it. Michael had a terrific time talking with Keith and is excited to share this episode with everyone.
BACKGROUND ON KEITH MITNIK
Keith Mitnik is the author of Trial Guides’ bestselling book, DON’T EAT THE BRUISES: How to Foil Their Plans to Spoil Your Case. https://www.trialguides.com/products/dont-eat-the-bruises
He is also known for his popular audio tape series “Winning at the Beginning” and for his monthly podcasts.
He is a frequent keynote speaker at seminars for trial lawyers across America.
Keith is Senior Trial Counsel for Morgan & Morgan. In that role, he is in trial almost every month, often times 2 or 3 times a month, trying everything from suits against cigarette companies, medical malpractice, and product cases to car crashes and premises cases.
His list of verdicts is staggering.
He has been a commentator on many national television broadcasts and has been interviewed by Mike Wallace on 60 Minutes.
Keith is recognized for creating and teaching systems that simply work – for any lawyer, in any case.
Lawyers all over the country attribute significant verdicts to his methods.
TRIAL GUIDES
Trial Lawyer Nation is a proud partner with Trial Guides, leader in continuing education for civil plaintiff and criminal defense trial lawyers, with books, DVDs, CLEs, live webinars & more.
Visit https://www.trialguides.com and use code “MITNIK19” at check out to receive 10% off Keith Mitnik’s products. This Trial Lawyer Nation discount includes “Don’t Eat the Bruises: How to Foil Their Plans to Spoil Your Case” and “Winning at the Beginning: The Untapped Power of Voir Dire, Opening, and Beyond.”
Discount expires on August 31st, 2019.
-
13 – Ben Glass – Great Legal Marketing
Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Android | Email | Google Podcasts | Stitcher | RSS | More
(1 votes, average: 5.00 out of 5)
Loading...
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:
-
24 – Michael Leizerman – The Zen Lawyer: Winning with Mindfulness
Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Android | Email | Google Podcasts | Stitcher | RSS | More
(3 votes, average: 5.00 out of 5)
Loading...
In this episode of Trial Lawyer Nation, host Michael Cowen sits down with a brilliant trial lawyer, national speaker/lecturer, and author, Michael Leizerman. Cowen has learned an enormous number of methods and approaches over the years from Leizerman who takes mindfulness to a whole new level in and out of the courtroom.
The discussion begins with an in-depth look at the “beginner’s mind” and understanding how it adds to a case, and life, infinitely. Leizerman uses the example of the hierarchy of karate, where becoming a “black belt” is commonly misconstrued as becoming a “master,” when it simply means you are at the first level of Dan, meaning you are now a beginner once again. He also points out that he takes it upon himself to know when he feels like he has mastered anything, he needs to remind himself he is just a “beginner,” otherwise the jury will, his wife will, or life, in general, will remind him. As the discussion progresses, Leizerman and Cowen discuss the idea that in the beginner’s mind, there are many possibilities, whereas, in the master’s mind, there are few. Leizerman likes to bring this mindset to many aspects of his work and discusses how he uses it in depositions, saying, “There’s a feeling like I’ve never done one before” while holding confidence about himself knowing exactly what he wants to get out of the time.
In each case Leizerman approaches, he works to become mindful of what he calls “the 5 core truths,” which are also the basis of his book The Zen Lawyer: Winning with Mindfulness, as well as an essential part of the workshops he puts on with Joshua Karton [link to his episode] and Jay Rinsen Weik. He describes the mindfulness around the 5 core truths (Physical, Emotional, Logical, Motivational, and Zen) as being seen as simultaneous truths in every case and with the understanding that each core starts with the lawyer and their own understanding and experience. Leizerman talks through examples of each core including a powerful example where emotional truth was used in a case to show where a father’s simple love for his son led them to put the case on the line and not ask any questions of a witness. He also reveals how he used the 5 cores in a case which led to a record wrongful death verdict in Ohio and also why he believes lawyers don’t get large verdicts or are disappointed in verdicts. Hint, hint, it’s all based on these core truths.
Cowen and Leizerman agree sometimes trial lawyers forget that jurors, in general, want to see good done and want to help people and these core truths can motivate jurors to see their way to the best outcome based on their own truths. Leizerman also talks through the “curse of knowledge” we, as trial lawyers, have when we’re in front of a jury and it sometimes goes over the jury’s heads to where they feel “submerged” or lost in all the details.
Leizerman recalls coming to the conclusion after dissecting a case post-trial: we tend to bring the anger of a case to the courtroom without allowing the jury to experience it. Having a beginner’s mindset allows him to be the one who is grounded and the one who people look to for guidance vs. seeing him as the angry attorney who gets mad when things don’t go as planned. He finds that allowing the jury to experience the frustration for themselves when a defendant tells different stories that are contradictory instead of the lawyer pointing it out and calling them a liar, can become the lynchpin in a case. It comes down to letting the jury experience it for themselves vs. the jury trying to experience it through the upset lawyer. He makes note that when you get angry, it takes away the anger from the other party, even in many other significant relationships. In other words, if you get angry in the courtroom, often times it takes the anger away from the jury, the individuals you really want to experience the anger. He also points out if we were just analyzing the facts of the case, we could use a computer for that. We’re in the courtroom to live through the case and be the case that gets decided by the jury.
Cowen extracts many more nuggets of mindful wisdom from Leizerman throughout their conversation, including a hint to a possible addition to Leizerman’s authorship with a book on transformational storytelling, as well as how listeners can learn firsthand from him at the various workshops he holds throughout the year. This was definitely an exceptionally insightful interview with Leizerman and we look forward to learning more from him in the near future.
Guest Bio:
Michael Jay Leizerman is the co-founder of the Academy of Truck Accident Attorneys (ATAA). He concentrates his practice in select catastrophic injury truck collision cases across the country.
Michael is the author of the Thomson West/AAJ three-volume treatise, Litigating Truck Accident Cases. He was the first Chair of AAJ’s Trucking Litigation Group. Michael attended truck driving school and obtaining his Commercial Driver’s License while managing his law practice.
He has taken 14 truck and bus cases to trial in the last decade. He has received record-breaking truck accident settlements and verdicts across the country, including multiple verdicts with punitive damages. He has received over thirty multi-million dollar settlements and verdicts, including six settlements and verdicts in excess of $10 million.
Michael is the author of the Trial Guides book The Zen Lawyer: Winning with Mindfulness, published in 2018. He puts on a series of workshops teaching his Core Method, including meditation, Aikido and theater skills for lawyers (along with co-teachers Jay Rinsen Weik and Joshua Karton).
Learn more at his website www.TruckAccidents.com.
