Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Android | Email | Google Podcasts | Stitcher | RSS | More
In this episode of Trial Lawyer Nation, Michael Cowen sits down with Founding Partner at The Penn Law Firm, Eric Penn. To start things off, Eric describes his decision to focus on trucking cases and how it came from the simple fact that we can all relate to them. In fact, everyone (including attorneys) share the road with 18 wheelers. Eric goes on to point out that the general view point of “cases never looking better than when you first work them up,” while true at times, seems to go the other way with trucking cases where they get consistently better the more you roll up your sleeves and dig into them.
Speaking of rolling up sleeves and digging in … Michael and Eric pull back the curtain on what turned out to be an $89.6M verdict for the bulk of this podcast, which in and of itself is enlightening, educational, and impactful.
The brief synopsis of the case would likely have many attorneys passing on the case from the very start considering how things looked on the surface – A mother with 3 children in the car, running errands on a Texas highway, hit a patch of black ice, loses control of their vehicle sending them through the median into oncoming traffic and is struck by an 18 wheeler, and the police report indicating that there was no fault to be placed. Michael suggests that more than 98% of personal injury attorneys in the state would likely not take on such a case and the others might even look at it and see a $1-2M settlement, which obviously wouldn’t be enough once you hear the unfortunate circumstances the victims faced moving forward. But not Eric!
Eric’s reasoning behind taking the case stemmed from getting to know the case on a deeper level, understanding that the injuries were dramatic, and having an in-depth knowledge of the Federal Motor Carrier Safety Regulations (the green book) and CDL Manual’s Safety Rules that are in place to protect all of us who share the road with 18 wheelers, citing one of the chapter’s intent is literally to “prevent crashes and save lives.” One might think that this type of case would revolve around the approximate 3 second sequence of the crash itself, but Eric’s explanation of how their focus became everything but those 3 seconds really shed a light on how this type of case can quickly grow to a much more substantial and just verdict. Spoiler Alert: Eric notes that EVERY case he has come into has 100% of the time been about the company behind the truck driver and how that company operates its fleet, making them much more responsible than they may like to admit. The compassion Eric demonstrates in describing his mental process in the decision to take on a case like this is palpable.
The details surrounding this case that Michael and Eric discuss are apt to be a significant learning tool from which any attorney can stand to learn.
Background on Eric Penn
Eric T. Penn believes that in order to keep our families and communities safe, we have to hold people or corporations who choose to violate safety rules accountable for the injuries and conditions they create. That is why he has been an outspoken advocate for seriously injured people for more than seventeen (17) years. He represents people who have been permanently and seriously injured through no fault of their own.
Eric is a born and raised Texan. He is a 1998 graduate of Baylor University. He received his Juris Doctorate (J.D.) from Baylor University School of Law. He was admitted to the practice of law in Texas and the U.S. District Court for the Eastern District of Texas in 2001.
A Trial Lawyer’s College (TLC) graduate, Eric is a frequent lecturer on Trucking litigation throughout the country. He is a member of American Association for Justice (AAJ) Trucking Litigation section, Attorney Information Exchange Group (AIEG), Academy of Trucking Accident Attorneys (ATAA) and the Texas Trial Lawyers Association (TTLA).
For more info on Eric Penn visit:
-
07 – Matthew Wright – Finding Additional Liability in Shippers and Brokers
Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Android | Email | Google Podcasts | Stitcher | RSS | More
In this episode of Trial Lawyer Nation, Michael Cowen sits down with Tennessee trial attorney, Matthew Wright who discusses finding additional liability in shippers and brokers.
Matthew hits the ground running with an all too familiar scenario where a trucking case is brought to your attention, only to find out the trucking company is small with minimal insurance (most people are shocked to learn these companies only carry $750k of insurance). Unfortunately, in these cases it generally doesn’t make sense for a family who has suffered a catastrophic loss to go after these small companies, however, this is where Matthew’s keen awareness of liabilities lying with other parties involved (brokers and shippers) comes into play, and it’s not always obvious. In fact, it’s taken Matthew some time to understand it all, but there is a business model that surrounds the industry regarding how cargo flows from the shipper, ultimately to the receiver, and he’s found it “interesting” how these small trucking companies are getting these loads from the large shipping companies. In these cases, a simple $750k verdict can turn into a $2M, $5M, or even as much as a $10M verdict when the overall liability is investigated beyond just the “mom and pop” trucking company for the sake and benefit of the client.
Michael continues the conversation while overlaying specific scenarios with Matthew to fully understand this process, the parties involved, and investigative tactics trial lawyers can specifically use when combing through documents relating to the case. Matthew even goes into detail by drilling down to the specific terminology used in these cases, such as the differences between a “bill of lading” and a “load tender.” Matthew continues to unveil, piece by piece, some of the pervasive maneuvers used throughout the trucking industry which can jeopardize public safety. Truly an informative and enlightening conversation, even for trial lawyers who only run across these cases every so often. One that will help you gain knowledge about these cases, so you don’t pass over millions of dollars in verdicts for yourself, and more importantly your clients.
The episode concludes with Matthew sharing his journey: the start as a law student to becoming a trial attorney focused on trucking cases … the explanation will likely either surprise you or be completely relatable to your own path as a trial lawyer. Nonetheless, Matthew and Michael alike are always willing to share their knowledge and point to several periodicals and groups that have been instrumental in both their success throughout the years as sources for great knowledge of the industry in the truest form of sharing.
Background on Matthew Wright
Matthew E. Wright devotes his career to representing victims of catastrophic truck crashes and improving roadway safety. Frequently associated as co-counsel across the country, he helps identify adequate insurance coverage by exposing the key corporate actors in the supply-chain, including primary motor carriers that attempt to shield themselves from liability through captive brokerage divisions and other shell games.
An alumnus of Vanderbilt Law School, Mr. Wright currently serves as Chair of the AAJ Trucking Litigation Group Journal, serves on the group’s Executive Board and has given several talks on truck safety and contributed articles to trucking-related publications. Mr. Wright has served on the Tennessee Trial Lawyers Association Board of Governors, is a member of the Multi-Million Dollar Advocates Forum, the Gerry Spence Trial Lawyers’ College, the Academy of Truck Accident Attorneys, and the National Trial Lawyers Top 10 Trucking Lawyers.
Mr. Wright lives in Franklin, Tennessee with his wife Lindsay and four children, Helen, Sadie, Isaac and Celie, and is the founding member of Wright Law, PLC.
For more info on Matthew Wright visit https://www.truckinjurylaw.us/about-matthew-wright/
-
16 – Devin Herz and Delisi Friday – Legal Marketing that Stands Out
Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Android | Email | Google Podcasts | Stitcher | RSS | More
In this episode of Trial Lawyer Nation, Michael Cowen sits down with Devin Herz, Chief Creative Consultant and Founder of Dynamic Marketing Consultants (DMC), along with the Marketing Director of Cowen | Rodriguez | Peacock, Delisi Friday. Devin describes his passion for marketing from a very young age as he watched his family build a small empire of retail stores taking particular notice of the marketing that made them so successful and later leveraging his creative genes and marketing strategies to help businesses multiply their revenues.
Devin talks through how his firm prides itself on developing marketing initiatives that stand out from the average industry niched pieces and credits some of their versatility to the fact that they don’t just work with attorneys, which helps to keep things fresh. When asked by Michael about the “silver bullet” of marketing that will bring in all the cases he needs to retire in a matter of years, Devin points out several realistic views that can achieve the same result and mentions if there were such a “bullet,” we’d all likely be retired already.
Seeing as the Trial Lawyer Nation podcast is aimed at personal injury lawyers, Devin is asked about the marketing tactics he’s seen that have worked and not worked in this specific industry to which he gives the example of looking at a website. He describes the differences between a legal firm’s website that is just like all the rest, touting the attorney’s credentials, and how they’re the best and will win every case; versus one that speaks more to the intended audience on a human level while balancing the authority-building credentials, which ultimately projects a much more successful image of that firm. Delisi also points toward delivering a consistent message to your audience, citing a recent referral from an attorney they have been marketing to for a long time whom they are now excited to work with more regularly. “It’s the marathon, not the sprint” as Devin puts it. And Delisi applies this same thought process to the attorneys who advertise with bus wraps and billboards. Michael agrees with both as he recalls the different “slow burn” strategies he’s implemented with Dynamic Marketing Consultants over the years that have proven to be successful at varying rates.
Devin describes the prioritization of audiences and the group that most attorneys, and business owners in general, tend to overlook when determining the best ROI for their practice. This parlays nicely with his discussion with Michael for those who may not have a 6-figure marketing budget, where Devin describes the internal marketing processes that are important to have in place and refined BEFORE targeting tons of new clients or cases.
The topic of social media also comes up, as the three discuss the importance of being relatable online in an era where every potential new client does their due diligence before calling a lawyer. Delisi talks about being personable because “someone is going to call you if they feel like they can actually relate to you.” Michael is of the same opinion sharing the importance of not always being about business and Devin eloquently states “social media is called ‘social media’ for a reason.” With social media being a necessity for lawyers, the conversation transitions into the different ways to automate this marketing technique and topics (like politics) to be careful discussing.
Michael and Delisi conclude the episode with a look back at how they started working together with DMC and the trials and tribulations they went through (like the split testing “trial by fire” of having multiple firms market an event), before partnering with DMC in a substantial way to become a valuable extension of their marketing team.
Background on Devin Herz
With 25+ years in marketing, Devin has not only been able to hone the craft of ROI-based marketing but has accrued the knowledge required to build a world class team of consulting and marketing experts. Early on in his professional career, he became the owner of one of Tampa’s most successful event promotion and marketing companies, during which time he was the design and/or print firm for Quiznos, Exit Realty Corporate, Engel & Volkers Corporate, Tampa Bay Lightning, Tampa Bay Super Bowl, over 50 national recording artists, and many other successful individuals and companies. He won Addy Awards for a Dairy Queen marketing campaign and for a brochure for Exeter International, and a Gold Ink Award for design. He is also the Best-Selling Author of “ROI Secrets Revealed,” and continues to share his expertise with the public in books, through blogging, and in interviews.
Book a one-on-one call with Devin:
http://dynamicmarketingconsultants.com/schedule
Background on Delisi Friday
As the daughter of a trial attorney, Delisi is no stranger to the legal industry and has over 10 years of legal experience. Her strong ties to the legal community, along with a deep understanding and respect of the litigation process, have helped her succeed in her role as Marketing Director for Cowen | Rodriguez | Peacock. With a passion for legal marketing, Delisi is regularly working on branding initiatives, seminar planning, communications, business development, and the podcast Trial Lawyer Nation. She currently serves as Chair of the San Antonio city group and on the southwest regional conference committee for LMA (Legal Marketing Association). With a previous career in television and film, including a degree from the famed AADA (American Academy of Dramatic Arts), Delisi uses the experiences she learned from shows like Friday Night Lights, That’s So Raven, and Saturday Night Live to help the firm effectively tell a client’s story to a jury.
For more info on Delisi Friday 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
(2 votes, average: 5.00 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.
