Every month, our podcast receives questions from our listeners (which we love by the way, keep them coming) and we take the time to respond to each individually. After 8 months of being on the air, we thought it might be fun and valuable to dedicate an episode to reflect and respond to some of these questions in a new series we’re calling “TLN Table Talk.” In this episode of Trial Lawyer Nation, sought-after trial lawyer and fellow partner at Cowen | Rodriguez | Peacock, Malorie Peacock, flips the script and puts Michael in the “hot seat” for an open discussion to answers questions from our listeners.
Malorie digs right in with a note from a listener that asks – “Knowing that we all need to try more cases to get better, and sometimes you just can’t get to trial for one reason or another, how do you practice for the big moment of going to trial?” Michael reveals how he personally prepares for each trial and his approach toward different types of cases and jurors, along with his thoughts on prepared scripts. He goes on to share outstanding insights about planning and practicing for voir dire, where you don’t know what the jury panel is going to say; and allowing the truth to be acknowledged without letting it throw you off your intended path. Interestingly enough, Michael’s use of pizza and beer to get a deeper understanding of a case, while simple in practice, can also be incredibly useful in the courtroom. Michael also opens up about his rekindled respect for inclusive voir dire with a recent example of a case that turned a $125k offer into a $1.25M verdict, seemingly built in voir dire, before any evidence was ever discussed.
From there, Malorie talks with Michael about the firm’s strategy in trying most cases in pairs and asks him why he believes it’s better. His answer is perhaps not what you might expect, and the discussion shifts toward courtroom perceptions. Michael and Malorie both agree that every perception matters: from how you dress, to how you interact with your staff, to how people see you drive away in the parking lot. The same goes for your client too! Both also agree that understanding visual communication is extremely important as a trial lawyer.
Trial technology seems to be a hot topic for our listeners with all kinds of questions around what types we use, how we utilize them, and the thoughts around why we use them (or not). Michael is quick to point out that we all need to remember the purpose of the tech and the need to tailor the tech to the case, so you don’t look too slick when the other side brings in a manila folder and a legal pad. He does recommend that if the courtroom, and your budget, allows, there are some specific pieces of technology that are far better in his opinion in helping jurors understand pieces of evidence, so long as you are comfortable with it and prepared to proceed when it doesn’t work.
Michael and Malorie close the conversation in talking through strategies on figuring out how much money to ask a jury for and how to actually ask for it, the details of which you’ll have to listen to learn. Trial Lawyer Nation plans to do more “Table Talks” in the future as this podcast has always been about inclusive learning for all in our industry, which includes learning from each other! Please keep submitting your questions, comments, and topic suggestions to email@example.com; and be sure to like, share, and subscribe to get the latest from the Trial Lawyer Nation podcast!
For more information about Michael Cowen, go here.
For more information about Malorie Peacock, go here.
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By Michael Cowen — 2 years ago(7 votes, average: 4.57 out of 5)
In this Trial Lawyer Nation podcast, Michael Cowen sits down with prominent Texas attorney, Jim Adler, AKA “The Texas Hammer,” for a discussion on building a law practice on a solid reputation.
Running an efficient law firm that has allowed him the ability to spend quality time with his large family (4 kids and 9 grandkids) didn’t happen overnight. Having started his practice doing everything by himself, learning to delegate and understanding the business and marketing side of running a firm are two areas where Adler has focused on the most to build the successful law firm he has today.
Adler recalls back in “those days,” when he was starting out, thinking that it would have been ridiculous to believe he would ever make $100,000. When he started, he was struggling to support his family and manage to do everything himself. He initially started advertising in the “green sheets” and got a little business. But it was when he started using a company called “Lawyers Marketing Services,” that he saw more success. He was told to “try it, you’ll like it,” and went into TV advertising which quickly had his phone ringing off the hook. Of course, it didn’t come without its fair share of social pressures not to advertise to the public back then, due to the stigma that other attorneys attached to the tactic. Adler has also found himself bearing the brunt of parodies on TV, even being referenced on Beavis & Butthead as “Joe Adler.” To which Michael points out, “you know you’ve made it when a national tv show is referencing you.”
Now going on his 5th generation of TV viewers, The Texas Hammer has found himself up against finding the attention of younger people who don’t want to pay for TV, AKA “cord cutters.” These are the individuals who are watching entertainment on their Slingbox, Roku, PlayStation, Netflix, and YouTube, which makes it especially hard to reach them. People don’t have “TV” anymore, so you have to find them elsewhere, which is why Adler has a saying in his firm, “if we’re not changing, we’re dying.” It is this mindset and desire to continue to learn and adapt (more on that later in the episode), which continues to keep his name and brand so strong.
The conversation then turns to when Adler became partners with a well-known U.S. District Judge, Robert O’Connor, who wanted to get back into practice. Judge O’Connor knew that Adler was wasting his time doing divorces, bankruptcy, and real estate and this was “the age of the specialization.” Taking that advice and focusing on personal injury cases has grown his firm to a staggering 30 attorneys and roughly 300 staff! Michael and Adler both agree that having so many people working for the firm is a lot of moving parts. But as Michael points out, it can be “a lot harder to run a business than to be a lawyer.”
Adler goes on to describe the way his firm has created a departmentalized system to take care of clients every step of the way. His intake department has specialists that only take new client calls and are separated from an operator who accepts all calls. His case management department with case managers who are assigned to each case and are supervised by a lawyer essentially works like a mini law practice within his law firm. The packaging department with specialists in preparing settlements and gathering all the hospital records, are all just the tip of the iceberg when you look at the organization he’s built.
In fact, evolution has been long and everchanging with the times. Adler recalls how all of these departments work well, but he received feedback that clients hated being passed around. Since then he has utilized his case managers to tee up the transition better and give the client a clear sense of what each step in their case is going to be. He goes on to describe their closing department, as well as their administrative departments and accounting departments, a strong litigation department, and an internet department, which ties into the firm’s marketing efforts. Over time, the evolution from having one secretary and an assistant, to set up all the different departments, developed through the use of statistics and formulas. From assessing how many cases a case manager could handle, to how many calls can an intake person handle, to how many cases can a lawyer try and/or settle, all of his operations were fine-tuned through statistical analysis. Adler describes himself to be a big believer in customer service and tries to promote their “service marketing” agenda to everyone throughout the firm in order to provide “over the top service” to their clients. He points out that if a lawyer does a good job for a client, he or she will likely be referred, 7 new people. Whereas the “bad-mouthers” are likely to tell 100 people if they didn’t have a good experience, regardless of the end result of their case.
Michael becomes curious about whether Adler had to figure these things out on his own or if he brought in any kind of consultants. Adler shares how he has read tons of books on business, such as The CEO Nextdoor by Elena L. Botelho and Kim R. Powell, Good to Great by Jim Collins, FOCUS by Daniel Goleman, as well as many other business publications like The Wallstreet Journal and Forbes Magazine. Thinking back to law school, Adler also recalls that they teach you how to be a good lawyer, but they don’t teach you how to become a good business owner. Adler has learned a lot from talking to people who were trying to sell him something, talking to other lawyers about how they do things, and going to TTLA meetings. Michael points out his own evolution from the mentality of being “a great lawyer and people should just line up at our firm’s door” to opening his mind to see other successful practices like Adler’s, and how they keep clients happy and run their firm in general. He also notes that although he doesn’t do TV advertising, he still spends hundreds of thousands of dollars on marketing to his referral partners.
Both Adler and Michael reflect on the importance of treating people with respect and dignity, even down to the importance of returning a phone call. The 45 seconds you take to let someone know you received their call and you are looking into their question or concern, can have a dramatic impact on the attorney/client relationship, even if just to tell them that you are in trial and will get back to them as soon as possible. Adler also goes a step further to ask for referrals when a case concludes and to remind their clients of all the different cases they handle.
The conversation certainly would have been remiss if Michael hadn’t brought up the obvious question – How did you come up with the name “The Texas Hammer?” Adler explains that it was Hayden Bramleigh, from the lawyer marketing service, who first suggested to him that he needed a trademark, similar to how every big brand has a trademark. Moreover, “The Texas Hammer” went through some evolution of its own through various focus groups and seeing how people around the country responded to the name being associated with other lawyers in different states. Admittedly, although some people might not know Adler’s name, they can still associate him with “The Texas Hammer” which is still an effective marketing tactic for him. Adler also points out that it’s been a long road, fighting battles with others who don’t agree with legal advertising, which oddly enough, he points out, tend to be other lawyers and not the end consumer.
The conversation with Adler goes on to talk about his strategies on developing lawyers in his firm, the tests they give to new lawyers joining their firm, transparency in reporting to the firm on settlements and new cases, professional training they’ve developed, the resources they use for case management, getting over the fear of public speaking, and so much more. The organization that Adler has built over the years is nothing less than astounding and we are so appreciative of the time he spent with us on this episode.
“Please note the TLN19 discount code mentioned in this show has now expired.”
BACKGROUND ON JIM ADLER
Famously known as “The Texas Hammer,” injury lawyer Jim Adler has been hammering for victims for over 40 years, championing “the little guy” against big corporations and big insurance companies which would deny their legal rights.
That mission is why he launched his own law firm in 1973 with a one-man office in downtown Houston. Today, Jim Adler & Associates has offices in Houston’s Uptown/Galleria area, Channelview, Dallas, and San Antonio, with two dozen attorneys and more than 250 legal support staff. They share Jim Adler’s mission of helping injured Texans get the money they deserve from those who were at fault.
Family Man, Giving Back
You may know Jim Adler only from his media appearances and tough-talking TV ads. But he’s more than that. He’s also a family man who loves children and devotes much time and his firm’s resources to children’s charity causes.
In 2009, former Houston Mayor Bill White appointed Jim Adler to the Board of Directors of the Joint City/County Commission on Children, recognizing his lifelong devotion to helping children.
“I believe we all should give back to our communities,” said Adler, a Dallas native who speaks fluent Spanish. “I believe in helping people and doing good works.”
In fact, unlike his fierce TV image, Jim Adler is “a people person. I enjoy being around people from all walks of life. I love the joy of life – of just being alive.”
He’s also even more active than his busy legal work suggests.
“I love to sweat,” says the avid tennis player, snow skier, jogger and golfer. “I love sports of all kinds, and I work out five or six days a week — 30 minutes of cardio and 30 minutes of weightlifting. I’m also really big on nutrition and watching what I eat.”
Boosted by this commitment to health, he has no plans to retire — even now that son Bill Adler has joined the firm as an attorney.
Son at His Side
“Having my son at my side at the firm is the best thing that’s ever happened to me,” Jim Adler says. “He’ll ensure that all the work I’ve put in over the years and the family’s tradition of serving underdogs will continue.”
That family includes Jim Adler’s wife of 38 years, their four children and their five grandchildren.
Bill Adler was raised in Houston, but Jim Adler was raised in Dallas. He went to Austin to earn his undergraduate degree from the University of Texas, followed by his law degree from the UT School of Law.
He then served in the U.S. Army and U.S. Navy and was appointed a judge for the Office of Civilian Health and Medical Programs United Services (OCHAMPUS), adjudicating health and medical disputes for Army, Navy, Air Force, and Marine personnel. He then launched his law practice in Houston, home of his principal office today.
Jim Adler was admitted to practice law by the Supreme Court of Texas and is licensed to practice in the U.S. Courts of Appeal for the Fifth Circuit and U.S. District Courts for the Southern, Eastern, Northern and Western Districts of Texas.
He is a member of the State Bar of Texas, Houston Bar Association, Texas Bar Foundation, Dallas Trial Lawyers Association, Dallas Bar Association, American Bar Association, and American Trial Lawyers Association.
He’s also a director of the Texas Trial Lawyers Association and the Houston Trial Lawyers Association.
As a passionate advocate for injury victims, Jim Adler has handled lawsuits involving auto accidents, trucking accidents, offshore accidents, Jones Act cases, refinery accidents, construction injuries, burn injuries, brain injuries, on-the-job accidents, slip-and-fall cases, railroad accidents, electrical accidents and many other types of personal injury.
Getting payments for victims can be a battle. But Jim Adler became a lawyer to fight those battles.
“I always had a desire to help underdogs, the little guy, against big corporations and big insurance companies, and to level the playing field for accident victims,” he says.
Jim Adler’s good works also include many charitable causes. He’s contributed to the American Cancer Society, Armed Forces Relief Trust, Association for Community Television, Alzheimer’s Disease & Related Disorders, Arthritis Foundation, American Heart Association, American Health Assistance Foundation, Special Olympics, Child Advocates of Fort Bend County, The Center for Hearing & Speech, Covenant House, Easter Seals Society and Galena Park Choir Boosters.
Still more of his causes include the Habitat for Humanity, Juvenile Diabetes Research Foundation, Federation of Greater Houston, Guild for the Blind, Leukemia & Lymphoma Society, March of Dimes, MD Anderson Cancer Center, Multiple Sclerosis Society, Primera Rosa De Saron, Susan G. Komen Breast Cancer Foundation, St. Jude Children’s Research Hospital, Texas Bar Foundation, Texas Children’s Hospital, US Olympic Committee, University of Texas Law School Foundation and UTMB Burn Care Research.
“I wish there were more hours in the day,” says Jim Adler. “I always want to do more.”
“Basically I believe in doing good works. Seeing families whose child was injured by an 18-wheeler or a defective drug puts me in a fighting mode. My good works then are about helping them recover financially. Those good works are my life’s mission.”
Thus, after decades of fighting for justice, Jim Adler is still on the case, helping those who need it the most. As thousands of injured Texans have learned when he fought for their legal rights, there’s only one “Texas Hammer.”Post Views: 9,089
By Michael Cowen — 3 months ago
In this episode of the Trial Lawyer Nation podcast, Michael sits down with renowned trial lawyer John Sloan. They dig into the vast experience John has acquired in his 40-year career as a trial lawyer, focusing on how he got where he is today, using role reversal techniques to better understand both clients and defendants, and his jury verdict on what he calls his “favorite case ever.”
Michael and John start the episode with a look at where John started and how he became successful. He shares how his boss right out of law school told him to figure everything out for himself, something that was tough at the time (especially when he announced ready for a murder trial just 5 weeks after being sworn in!) but instilled in him a work ethic which has served him well. He continued to learn all he could from other prominent lawyers in town and work countless weekends until he built his skillset up enough to focus on personal injury cases. When it comes down to it, John insists there is no substitute to putting in the hard work of learning both your case and trial skills.
The pair continues this note with some advice for young lawyers who want to get in the courtroom. While John concedes that it’s harder to try cases than when he started, he insists the opportunities are out there if you’re willing to work for them. Michael agrees and adds that young lawyers need to be willing to “pay their dues” by trying some not-so-great cases before getting to try awesome cases. He and John then discuss how they cope with losing at trial, and even highlight a shocking benefit of taking cases to trial even if you lose them.
Michael then moves on to ask John about how he uses role reversal techniques to get to know his clients on a deeper level. It comes down to really taking the time to get to know your client, instead of just asking them questions to elicit facts about the case. It not only makes the attorney-client relationship more meaningful, but it also helps the lawyer be a better advocate for the client. John then elaborates why you don’t need to do a full-day psychodrama to use these techniques. You need to learn the skills first, but you and your staff can use role reversal techniques with your clients in everyday conversations.
Among those techniques is something John calls “listening with a 3rd ear,” which he describes as listening for the story beneath the words being spoken. It’s the emotional content of what you’re hearing from the client, whether it’s actually stated or not. Michael shares when he does this, he makes a point to check in with the client and confirm it’s actually representative of how they’re feeling. John agrees and adds some more interesting strategies for building this connection with your clients.
Michael then shifts gears to the defendant- can you use these role reversal techniques with the people on the other side of the case? John says, “Absolutely.” He explains how he likes to do this introspectively before a deposition. What would they say to their lawyer that they would never say to you? Then, frame the questions you ask around that. Michael tries to approach the defendant (especially the defendant driver) from a place of understanding, which allows the jury to get mad at the defendant company in their own time.
After a brief but insightful conversation about the importance of treating each of your cases as individuals, John and Michael discuss the power of saying no to cases which don’t suit you. John reflects on when he first started his own firm and would take any case just to bring some money in. To this day, that mentality has made saying no to a good case tough for him. But he and Michael agree there comes a point in your career where you need to prioritize your time.
If you’ve listened to Trial Lawyer Nation, you know Michael loves a good trial story; and John’s jury verdict in Tampa, Florida couldn’t be left undiscussed. Between being able to try the case with his nephew, the low-ball offer the defense made right before trial, and the client being one of the most genuine and hard-working people John had ever met, this trial story will resonate with every trial lawyer listening. John says it was one of those trials where “everything just went right,” and the result is an inspiring way to end the episode.
If you’d like to learn more from John Sloan or contact him about a case, visit his website or give him a call at (800) 730-0099.
This podcast episode also covers why sharing information benefits everybody, the importance of training your staff to use role reversal techniques with clients, how to frame the defendant driver as a victim of the company, disciplining yourself to say no to cases, and so much more.
As a boy growing up in Henderson, John Sloan thought he might become a preacher some day. However, by the time he began his undergraduate studies at Baylor University, John made up his mind: He was going to be a trial lawyer.
John received his Bachelor of Business Administration degree from Baylor in 1977 and enrolled at Baylor Law School, where he began to hone his trial skills in the school’s renowned Practice Court.
He earned his J.D. in 1980 and returned to East Texas, joining a firm in Henderson. John immediately began trying cases, including a murder trial just five weeks after he received his law license.
Two-and-a-half years after he started work at the law firm, John decided that he wanted to focus on personal injury cases. He moved to Longview and opened his own practice. He has been trying cases in East Texas and courts across the country ever since.
At the time he established Sloan Law Firm, John says, he wanted to create a law firm that would provide exceptional personal service to its clients.
“I wanted us to not be a mill where people are just numbers and don’t have a lot of contact with the lawyers,” he says. “I wanted to be able to know my clients personally.”
In addition to offering clients a personal touch, John also provides zealous advocacy. He has achieved several significant verdicts and settlements for his clients. His cases generally involve truck and auto accidents, defective products, and oilfield accidents. He also focuses on brain injury cases.
While courtroom victories are satisfying, John finds that his practice provides many other rewards.
“I like the people I get to work with—the clients—and I like the people here in the office. I like the variety. I like the competition, the battle, the mental gymnastics, being able to outwit and outwork my opponents,” John says.
John’s commitment to the trial lawyer profession has extended to the prestigious Trial Lawyers College. John attended the College in 1998 and joined the teaching staff in 2002. He was named to the Board of Directors in 2010 and as President in 2014.
John also engages in community service. For several years, he served on the Board of Directors of Habitat for Humanity. He has also worked with Justice for Children, which provides pro bono legal advocacy for criminally abused children. He has coached kids in just about every sport.
In his personal time, John enjoys being active and has participated in numerous triathlons. His primary interest is his small farm outside Longview, where he grows trees and unwinds from his busy law practice. He is married to the former Dee Anne Allen from Tyler, Texas, and they have two children, Trey Sloan and Veronika Sloan.Post Views: 823
By Michael Cowen — 2 years ago
In this Trial Lawyer Nation podcast, Michael Cowen sits down with Ohio attorney, Andy Young, who like Michael, specializes in trucking cases.
Andy’s journey over the past 20 years of practicing law and ultimately specializing in trucking cases started by accident when his hobby for rehabbing trucks, as well as starting a trucking company, turned out to be more valuable than he expected where he was being asked to speak at various trucking litigation groups. Essentially his passion for “anything on wheels” and his upbringing around big equipment propelled him toward the industry as well. He goes on to establish upfront that he indeed does not hate the trucking industry as some might conclude by having become a trucking attorney. Andy cares deeply for the truck drivers as well as the component of the industry that treats the drivers well while also explaining in great detail the parts of the industry he does not care for, which abuses the drivers and stokes safety issues all in the name of profits. He goes on to say that everything he does “ultimately is in favor of safety and in favor of the truck drivers too.”
Beyond filing lawsuits to try and improve the trucking industry, Andy is also involved in several advocacy efforts having originally become involved through some articles he had written and published back in 2011 on underride crashes, which have evolved all the way through giving testimony to Congress on the issue. He talks through some of the efforts that he’s been a part of in shining a light on the issues that surround truck crashes, specifically underride guards and rear guards, where the industry has made significant strides to reduce fatalities from crashes involving underrides in Europe, but continue to lack in the United States. While Andy has started to see the needle move a little bit in regards to instituting safety features that would prevent such fatalities, he also sees the trailer manufactures resist the urge to make their products safer while using federal regulations as a scapegoat for not making these life-saving improvements. This transitions into Andy sharing how helpful it can be for the families who have lost a family member to a truck crash to become active in safety advocacy as a way to give them some purpose to their loss.
Michael asks Andy, with his unique perspective as a truck driver and running a trucking company, what he’s learned to make him a better trucking lawyer. Undoubtedly, Andy refers to his time behind the wheel as being the most valuable and suggests that those who are looking to be great trucking lawyers do what Michael Cowen did and go to truck driving school to get a more intimate understanding of what truck drivers experience as well as a better understanding of what it’s like to maneuver such large pieces of equipment. Andy also continues to use his truck driving skills as a part of a small race car team where he drives the truck that carries the car and finds himself constantly thinking about his cases every time he gets behind the wheel. This has allowed him to more effectively communicate with truck drivers better and understand things that perhaps other attorneys might not consider. He goes on to describe several examples of how this has come in handy citing personal experiences that have helped him to debunk some theories placed on truck drivers in cases when it comes to the speeds they travel at in relation to what gear they are in, which he notes has “been very, very beneficial.”
The conversation shifts to Andy discussing his great results in the face of some fairly tough fact patterns, where Andy goes into detail regarding his litmus test on how he decides whether to take on a case. It’s worth noting that he does not think it matters whether his client has hit the back of a truck, has had a DUI, were speeding, or had some other issues going on. Instead, he looks at the truck driver and the truck company to see if they created a hazard whereby a crash would not have happened otherwise to determine if the case is worth pursuing or not. He goes into further details on case selection tips, including spending some money upfront to explore how the hazard was created and/or how it was confronted.
Moving the conversation into the courtroom, and wrapping up this podcast, Andy describes some of his techniques and analogies he uses to keep his case in a positive light including one he uses with his clients who are angry about their loss (rightfully so) but are in need of help to not become their case’s worst enemy by displaying their hostility. Another analogy he uses with his clients refers to how to determine what’s important and what’s not at trial, which he’s found to resonate well with his clients when he establishes the analogy with his clients early on. Andy also uses a technique where his client’s home is used as a witness, which is truly fascinating and the way he walks through it, literally and figuratively, can really give things a whole new perspective. Truly some incredible strategies and techniques worth listening to and incorporating into any case that’s going to trial.
Andrew (Andy) R. Young concentrates his practice on catastrophic truck crashes and wrongful death litigation. He holds an active, interstate, Class A Commercial Driver’s License (CDL) and regularly drives his own Peterbilt semi-tractor and 45-foot racecar trailer. He has testified as a Truck Safety Advocate before the U.S. House of Representatives, Subcommittee on Highways and Transit. He is a member of the Owner Operators Independent Drivers Association (OOIDA). He has testified on behalf of OOIDA and the Ohio Association for Justice’s Truck Safety Section before the Ohio Senate Transportation Committee. He serves as an Executive Officer of the AAJ Trucking Litigation Group and is the immediate, past-president of the Lorain County Bar Association (LCBA). Mr. Young is “AV” rated by Martindale-Hubbell, has been included in Ohio Super Lawyers, and has received numerous awards from AAJ TLG, OAJ, and was the LCBA Member of the Year in 2016. Mr. Young serves on the Board of Regents for the Academy of Truck Accident Attorneys (ATAA) and serves as the ATAA’s current Education Chair. He lectures frequently at continuing legal education programs on trucking litigation and trial advocacy. Mr. Young has served as a Moderator and on the Organization Committee for two industry “Truck Underride Roundtables” hosted at the Insurance Institute for Highway Safety (IIHS) at their crash test facility in Ruckersville, Virginia. Mr. Young is also member of the American Board of Trial Advocates (ABOTA). Mr. Young is a partner with Young and McCarthy, LLP, located in Cleveland, Ohio and works with attorneys throughout the nation.Post Views: 4,910