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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 viewpoint 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:
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35 – R. Rex Parris – Cognitive Science and the Persuasion of Jurors
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In this episode of Trial Lawyer Nation, Michael Cowen sits down an accomplished trial lawyer, speaker, and Mayor of Lancaster, CA, R. Rex Parris, for a conversation revolving around the intersection of cognitive science and the persuasion of jurors. Having acquired his knowledge over the course of his career, Rex has been able to leverage his deep understanding of cognitive science in obtaining dozens of 7, 8, and 9-figure verdicts and settlements, along with a historic and record-breaking $370,000,000 defamation jury verdict.
Michael’s curiosity starts the conversation off by asking Rex what he did do to obtain the skills he’s developed; which Rex breaks down his journey into its simplest form stating he first had to learn it was a “skill.” Many individuals think there are only a certain number of people who are born to be trial lawyers when the reality is they are just skills to be learned. Rex goes as far as to say that anybody who gets through law school has the capacity to learn those skills and do a magnificent job in the courtroom. He shares how he went on to Trial Lawyers College and continued on to attend many CLE seminars, public speaking and voice seminars, and began studying a lot of cognitive science, all of which to learn how people make decisions, how to persuade people, and how to interact and engage people. Michael shares how the more people he meets at the top of the industry, the more he sees the commonality of their constant desire to learn more.
Focusing on the things Rex has learned through his studies of cognitive science, Michael turns his attention to finding out the things most helpful to Rex in the courtroom. As Rex sees it, everything from where he stands, to where he looks, and what he does with his hands and body is important. He goes on to talk about keeping his fear level down by controlling his heartbeat, which he knows he wants to keep between 90-100 bpm in order to stay in “the zone.” He also knows how to lower his heart rate when it goes over 100 through a technique called “combat breathing” along with taking note of several other observations within the moment, in order to snap back into the present refreshed and ready to go. To that point, Michael shares how when he’s in a trial, he tries to feel the joy of being in trial and let the outcome take care of itself stating “the more I want to win and worry about the outcome, the less I trust the jurors,” which inevitably comes through in your body language or eye contact. Instead, Michael purposely decides he’s going to trust the jurors to do the right thing, and it always seems to work out better.
Rex then discusses his views on utilizing a classic reversal in the courtroom where he describes it as “in every scene of every movie or play there is a reversal of value” (using the example of how Star Wars starts in the desert and in the next scene you’re in the empire) the greater the contrast the better. In the courtroom, Rex talks through how he uses a lottery ticket analogy, where his client holds the “winning ticket” to the super big jackpot and the only thing he needs to claim it is to give up some things. He then proceeds to talk through all the things his client has to give up, stating everything that has been given up as a result of their injury without talking about the things that have been done to his client. The reversal then comes into play at the end, where Rex turns to the jury and asks if any of them want that ticket. They continue to discuss the differences of what a client has gone through and what they’ve lost, and Rex recognizes that most lawyers have been trained to present cases in a pain and suffering context as to what’s been done to their client but, he points out, in most cultures, “bad stuff” doesn’t have a value. Well-being is what equals wealth in America, citing what Steve Jobs would have given for a pancreas that worked. Which is why during the trial, Rex tends to focus on the parts of his client’s well-being which have been taken away. He also notes that juries are also much more inclined to compensate a plaintiff for things that have been taken away or the things they have been denied, rather than the things that have happened to them. Rex also goes so far and will sometimes even tell juries NOT to give his client a dime for the pain and suffering, just compensate his client for what was taken from them. The conversation continues as they talk about how you as a lawyer discover what exactly was taken from your client. Rex takes this well beyond the usual “get to know your client” and shares a technique even Michael is somewhat surprised at, but can’t wait to try. Rex points out, when it comes to relationships, “we’re not nearly as complex as we like to think we are.”
Keeping on the same path, Michael asks Rex how exactly he presents what’s been taken from his clients. Rex discusses why you don’t present it through your client, you present it through their relatives and neighbors in an effort to find the signals of trust for the jury that cuts through the general noise of a trial. He goes on to explain how there is no better way to send those signals of trust than through those who know your client best. As they discuss the topic further, Rex also reveals why he strives not to keep witnesses on the stand too long and tends to use a lot of video depositions to keep the case moving forward. In fact, he surprises Michael by sharing he uses as much video as possible when he goes to trial and his strategy to do so comes from learning “that the shorter the trial the bigger the verdict tends to be.”
Rex also shares some of the techniques and strategies he and his firm have been developing in the last few years based on a conversation he had with Robert Sapolsky, a neuroendocrinologist from Berkley and the author of “Behave – The Biology of Humans at our best and worst.” He later shares his technique for helping the jury value all that has been taken away from his client by relating those things to diamonds, and not just in his closing, but all throughout the trial starting in voir dire.
The conversation shifts to look at how lawyers don’t want their experience to work against them in looking that much better than the other side, as Michael puts it “you don’t want to look like Goliath.” And while Rex used to subscribe to this thinking, he has learned to move past that and focus solely on his credibility in the courtroom when it comes to the jury and being able to maintain his credibility throughout the trial. Rex explains that he is more than willing to admit in front of the jury when he is wrong, such as when an objection comes up and he realizes they are right, which helps to maintain his credibility. He also goes as far as memorizing the evidence section codes, not for the benefit of the judge, but again for the jury, so they can continue to look to him as the most knowledgeable and credible source in the courtroom.
Michael and Rex end with discussing extremely valuable topics such as: using the Warren Buffet method in regards to case selection; mind mapping to prepare for trial; visuals in the courtroom; why Rex avoids using “tricks”; the most important thing Rex does every day and how he balances work, life, and being a city Mayor; insights from Rex’s recent case which resulted in a $41.6M verdict; the extraordinary measures Rex’s firm has taken to practice EVERYTHING; the skills every lawyer needs to learn; Rex’s views on neckties (which is actually surprisingly insightful); and so much more.
“Please note the TLN19 discount code mentioned in this show has now expired.”
BACKGROUND
Pursuing a career that helps others has always been R. Rex Parris’ first choice and for good reason. Growing up, Rex’s father lost his leg in a motorcycle accident because of someone else’s negligence. He witnessed firsthand what happens to a family when the pillar of the household is severely injured through no fault of their own. This tragic event inspired Rex to pursue a life that helps people overcome the physical and financial burdens that result from any kind of accident.
Rex never had it easy growing up. His father left at a young age and his mother worked as a waitress to support him and his three brothers. They often had to collect welfare to make ends meet. Rex dropped out of high school and got a job as a busboy, but shortly after started using drugs and nearly ended up in jail. When he realized he had to make a change, he went back to school and turned his life around.
In 1977, Rex received a Bachelor of Arts degree in Law & Society from the University of California Santa Barbara, where he was a member of the prestigious UCSB Scholars’ Program. After receiving his Juris Doctor in 1980 from Southwestern School of Law in Los Angeles, he was certified as a Master Advocate in 1991 by The National Institute for Trial Advocacy in Washington, D.C. He has been a member of the California Bar since 1980 and is a member of several federal and appellate courts and multiple trial attorney associations.
In 1985, Rex and his wife Carrol founded PARRIS Law Firm, a personal injury law firm that has helped thousands of families recover from life-altering accidents. PARRIS Law Firm also helps aggrieved workers who have been wronged by their employers, and those affected by environmental catastrophes. Rex handles a wide variety of other cases as well, ranging from class actions to products liability and business torts.
Since its founding, Rex has tried over 50 civil jury trials in courts throughout California and has recovered more than $1.4 Billion in verdicts and settlements for his clients. He made history by being the first lawyer to obtain a million-dollar verdict in Kern County. Years later in 2009, Rex was lead counsel in obtaining a historic defamation jury verdict of $370 million against George Marciano, the founding designer of Guess jeans. Not only has he faced off against some of the world’s largest companies, he consistently wins.
At the start of 2018, Rex went into back-to-back trials and totaled a combined $94 million for his clients in a matter of just 90 days. During both of these cases, Rex worked tirelessly for years and demanded justice on behalf of his clients, obtaining $52,708,374 for two brothers and $41,634,170 for a young quadriplegic whose life will never be the same because of someone else’s actions. Although these clients’ lives will never be whole again, Rex never stopped fighting to restore their well-being. The strength and courage he showed during these trials allowed jurors to hear the real stories of the people behind the lawsuits.
Another one of Rex’s most notable cases involves the largest gas well blowout in U.S. history. Rex, along with thousands of residents of Porter Ranch, are still demanding answers almost three years after a massive gas well blowout was discovered near their neighborhood. Gas was injected underground by Southern California Gas Company into illegal wells. A well experienced a massive failure and blowout in October 2015. This was predicted by Southern California Gas based on public records. Public health officials still do not know if it is safe for people to live there. Residents have been experiencing major health problems, and many have relocated because of the dangerous gases contaminating the air. Rex and his team are dedicated to helping these residents get the financial compensation they need to get their lives back on track after this terrible catastrophe. In November 2018, the California Court of Appeal Second District called into question why Southern California Gas Company and the Los Angeles County District Attorney’s Office rushed into a plea deal that denied criminal restitution to the victims. Rex will see that they justify why the victims wait to recover their losses when the constitution says otherwise.
In addition to personal injury, environmental and employment cases, Rex has also served as counsel on cases involving the California Voting Rights Act. In 2012, Rex served as co-counsel and advisor to attorney Kevin Shenkman and Milton Grimes for a lawsuit against Palmdale, California in order to amend its election process to district voting. This lawsuit was on behalf of the diverse population of the Antelope Valley to have better representation in its city officials.
In November 2018, Rex obtained another successful verdict for the people of Pico Neighborhood in Santa Monica. The judge ruled that Santa Monica’s elections were intentionally designed to discriminate against minority voters. The Plaintiffs fought for Pico Neighborhood to have equal representation on the Santa Monica City Council to ensure accountability for the City’s actions. This ruling will allow the residents of the Pico Neighborhood to finally be heard.
PARRIS was the first law firm to file a class action lawsuit against Southern California Edison for starting the historically catastrophic Woolsey Fire in November 2018. The Plaintiffs are seeking economic and non-economic damages inflicted upon homeowners, renters, and businesses. Hundreds of people lost everything, and it is Rex’s mission to help restore the balance in these people’s lives.
As a successful civil justice attorney, entrepreneur, speaker, and published author, Rex is highly sought after to speak both nationally and internationally. Rex speaks at trial attorney seminars across the country, where he often teaches about the intersection of cognitive science and the persuasion of jurors. He always prepares for trial by using the latest science in persuasion skills. He regularly shares this knowledge as a guest lecturer at Loyola, Pepperdine, and Baylor Law Schools as well as state bar associations across the country.
In the midst of growing his practice into a legal powerhouse, Rex became the third directly-elected mayor of his hometown of Lancaster, California. Since his initial election, he has been re-elected three times, receiving 67% of the popular vote in 2016. Within two years of taking office, Lancaster’s crime rate plummeted 32% and gang violence declined by 81%. Rex has revitalized Lancaster’s historic downtown district and has been universally praised for establishing a family and business-friendly atmosphere. In 2013, Lancaster was named the Los Angeles County Economic Development Corporation’s Most Business-Friendly City in Los Angeles County for the second time in six years.
Rex travels around the world to share his vision of making Lancaster the Alternative Energy Capital of the World, and his successes in this arena have repeatedly garnered worldwide media attention. In October 2018, Rex traveled to Australia to be the international keynote speaker for the Cities Power Partnership Summit, Australia’s leading local government climate change forum. In partnership with Solar City, Rex successfully made City Hall the first building to use all solar power. The benefits were instant, as the cost of power dropped by half for the municipal building. Within two years, the technology was saving the city of Lancaster tens of thousands of dollars in utility costs and brought in close to $400,000. In 2017, the California State Senate designated the city of Lancaster as an Alternative Energy Research Center of Excellence.
As mayor, Rex launched a dynamic economic development division that aggressively pursued and successfully attracted manufacturing giants BYD and Morton Manufacturing, creating hundreds of jobs for the community. After gaining Morton Manufacturing, the city of Lancaster attracted high-tech manufacturing company Innovative Coatings Technology Corporation, which also brought new jobs that contributed greatly to the local economy. Rex’s economic development division continues to transform Lancaster through its Medical Main Street, LED Streetlight Conversion, and Green Energy Public Transportation initiatives. After partnering with IBM Watson the City of Lancaster projections for 2019 are for an additional 45-50% reduction in crime with the use of artificial software and technology. GQ magazine designated him one of America’s 10 most influential Mayors.
Rex also focuses his energy on philanthropy. He and his wife Carrol are the founders of the Parris Institute of Professional Development at Pepperdine Law School, and he is frequently a featured speaker and on the board of Gerry Spence’s famed Trial Lawyers’ College. In 2001 the high school district named the newest school R. Rex Parris High school in the city of Palmdale. The primary mission of R. Rex Parris High School is to serve those students who are significantly behind in meeting their high school graduation requirements so they can still graduate on time. He is the founder of a number of local charities including Lancaster Child Abuse Task Force, Antelope Valley War on Gangs, and Valley Volunteers Program. His law firm has a sister brand called PARRIS Cares, where he and his team focus on making a positive difference in the Antelope Valley through charities and local organizations.
Rex is a green energy champion, economic hero, and one of the most successful practicing attorneys and victim’s rights advocates in California. In addition to all of this, he has found the time to provide assistance and startup funding for a biotech company called Carthronix. A true champion of justice, Rex will continue to innovate and work tirelessly in everything he does to improve the service and results of his community, clients, and family.
RESOURCES
Never Split the Difference: Negotiating As If Your Life Depended On It
By Chris Voss with Tahl RazStart with Why: How Great Leaders Inspire Everyone to Take Action
By Simon SinekIn the Line of Fire: How to Handle Tough Questions When It Counts
by Jerry Weissman -
44 – Natalie Arledge and Dylan Pearcy – Insights on the 2019 ATAA Symposium
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In this episode of Trial Lawyer Nation, 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 episodes 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.
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51 – Malorie Peacock – Preparing Yourself and Your Case for Trial
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In this episode of Trial Lawyer Nation, Michael Cowen talks with his law partner Malorie Peacock to discuss trial prep. Trial prep has been a topic many of our viewers asked to hear more about, so this episode covers everything from file organization, to witness prep, opening and voir dire, visuals, your exhibit list, and the mental toll trial can have on you personally.
To begin, Malorie starts with how important it is to be organized. She begins her organization process 30 days out by putting her exhibits together, printing out the jury charge and witness list, then looking at everything and thinking about the game plan. Her goal from there is to create a 1 or 2 page “order of proof for trial” with exhibits, list of witnesses, and the key points to be made in the trial. Michael agrees and shares a common mistake he sees a lot of lawyers make when they “put every possible piece of paper from the case on their exhibit list.” He suggests lawyers ask themselves: A) is this an exhibit necessary for the jury to see, or B) do I need this to protect the record? Then review how many exhibits you have and what is their order. “If the focus of your case is trying to get the medical bills in your case, then your first exhibit is a summary of all of the medical bills and the medical treatment in the past … so the jury knows when they open the binder ‘this is what we’re focusing on and this is the focus of the case.’” Malorie continues. Michael also shares how he organizes his complete list of exhibits on his laptop, so if at any point in trial he needs to pull up an exhibit on the fly he can quickly find it.
It takes a lot of time and energy to write a good opening and prepare for voir dire. Which is why Michael and Malorie discuss how changes in your story throughout a case, can affect the opening and voir dire work you do early on. Michael gives an example of this on a case he will try in February with Malorie. Months before trial they worked with a consultant on the case, had a theory on the case, graphics already prepared, then after they developed all of the evidence they decided it wasn’t the best story to tell. Creating a new story and theory may be extremely difficult to do after investing lots of time, money, and energy, however it’s an important part of the trial preparation process.
Which leads to a conversation on storyboarding, creating visuals, and how Sari de la Motte helped Michael rethink his use of the phrase “a simple case” when talking to the jury and using visuals. Malorie brings up just how important it is to tell your witnesses where they should be looking when they answer questions. We as attorneys may think it’s obvious a witness should talk to the jury when answering a question, but in reality it’s normal for you to look at the person you are talking to. “I think people believe that trial lawyers are natural public speakers, but if you’ve ever been to a conference you know that’s not true,” Malorie explains. You might think “it’s only 12 people,” but when your entire case relies on those 12 people, on a really important matter, and your client is watching you, the nerves start to creep in so you have to practice. And practice does not apply simply to speaking, Michael shares his reasoning for adding several solid black slides in his PowerPoint in order to command the attention of the jury when visuals are involved.
Michael then transitions the conversation by expressing his opinions on why every case will have a different order of witnesses. You should determine the order of witnesses based on each case, start strong, think about a witness who can prove the defendant did something wrong, think about when a witness goes on (time of day and when the jury has low energy), and be sure to end with a message of the harm that was caused but a hope of what a verdict can do to help. But emergencies happen and people are late to court, so Malorie reminds you to be flexible.
And the only way you can be flexible is when you are mentally and emotionally prepared for trial. Malorie suggests you spend time with family and decompress the day before trial. Which Michael agrees with because you “spend so much time during trial staying up until 2 am” preparing for that next day, you cannot risk the exhaustion and mental fog and need to be in bed at a decent hour and fully rested.
Being aware of your energy after trial, is equally important whether you win or lose the case. You need to take a day off and recognize it is not possible to be 100% on every day. Or maybe you come in to work and just talk to people in your office. But Michael very bluntly shares “it’s hard because when you’re in trial all the other shit piles up” so when you’re out of trial you feel like you need to play catch up. “It’ll wait a day you need to take care of yourself,” he adds. After each case you should re-evaluate the parts that went great and where you can improve in your next trial, but again it’s important to give yourself space. Michael’s NFL quarterback analogy for this is spot on and reminds attorneys not to value yourself differently after a trial, instead focus on the work you put in.
This episode on trial prep truly is detailed and also discusses: thinking about your clothes, glasses, how to prep lay witnesses, saving money on images by using Google and Adobe, thinking about the Rules of Evidence, and trying cases with other people. And with Michael and Malorie’s jury trial (mentioned in this episode) resulting in a 7-figure verdict, podcast listeners can expect to hear another episode discussing trial soon!
