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In this episode of Trial Lawyer Nation, Michael talks with one of the nation’s top trial attorneys, Mikal Watts about his pursuit of the goals he established at a very young age which forced him to make some tough decisions early on in his career. Fear, exhilaration, and even his wife thinking he was crazy couldn’t keep Mikal from doing what had to be done before it was too late in his career.
Mikal describes the choices that were made when he initially started his own practice and their unlikely, yet practical, reasoning. Mikal also recalls his first big solo case and how literally moving some furniture around helped him put his best foot forward and became a pivotal moment for his practice. Mikal offers advice on the do’s and doesn’t for those looking to start their own firm, in addition to some of the sacrifices and deferred gratification that comes with the territory.
While there have been many to date, Mikal shares with Michael some of the verdicts that he has been most proud of thus far, such as his first case against Chrysler, and how those cases have added to the value of his practice beyond just the dollars and cents. Mikal delivers practical keys to success for the courtroom and how to truly connect with the jurors in the room, which by the way, have become keenly proficient in detecting BS (both factual and unscrupulous).
At the same time, both Michael and Mikal recognize and discuss the absolute need to break subjects down into their simplest terms (Mikal’s metaphor for tire tread is simply priceless). Humility and modesty shine through as Mikal describes his firm’s ethos and attitude for sharing with other lawyers, not unlike Michael and his firm, and the inherent benefits that come with such an inclusive environment, for both the firm and more importantly the clients they serve.
This podcast concludes with an important discussion of the biggest threats to the legal industry to which Mikal’s thoughts may surprise even the most seasoned attorney.
Background on Mikal Watts:
Mikal Carter Watts is the founding Partner of Watts Guerra LLP. He was born in Corpus Christi, TX in 1967. Mikal attended The University of Texas in Austin where he completed his undergraduate degree in two years. He then went on to the UT School of Law, where he also graduated in two years at the age of twenty-one. Following college, Mikal accepted a position working for The Honorable Thomas R. Phillips, Chief Justice of the Supreme Court of Texas, as a briefing attorney from 1989-1990. In 1997 Mikal opened his own law firm in his hometown and in 2006 he relocated to San Antonio.
Mikal was married in 1993 to his lovely wife Tammy. Together they have three children, Taylor, Hailey and Brandon as well as two grandsons, Caleb and Austin. His interests include spending time with his family, attending church, Spurs basketball games, and Longhorn football games.
For more information on Mikal Watts visit http://www.wattsguerra.com/lawyers/mikal-c-watts
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50 – Sari de la Motte – Voir Dire & Opening: Forming The Best Jury Possible
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In this episode of Trial Lawyer Nation, Michael Cowen invites Sari de la Motte back to the show. Sari was one of our top episodes in 2019, so to celebrate 50 episodes and over 100,000 downloads we invited her to be our first returning guest. This show will cover voir dire, opening, the concept of group communication, and how all of these concepts help you form the best jury for your case.
To start things off, Sari shares that her book “From Hostage to Hero: Captivate the Jury by Setting Them Free” is now available for purchase. She reveals how her desire to help trial lawyers understand why jurors “don’t want to be there” (summoned for jury duty), how to deal with this, and then lead them from their “hostageness – their inability to say no to this process” to choosing to be a part of the jury, was how the idea for the book began. Michael adds how initially this reminded him of Carl Bettinger’s book “Twelve Heroes, One Voice” in that both Carl and Sari believe it is important to help your jury become the hero in the case. But after working with Sari, Michael sees how she focuses more on the hostage aspect, shows you how to release the jury panel from this, works to help you understand how important nonverbal communication can be, and gives practical tips to use in the courtroom.
Jumping right in Michael introduces the highly debated topic of “inclusive voir dire” versus “exclusionary voir dire.” He reveals how in the past he has used exclusionary voir dire to find his bad jurors, but understanding Sari’s thoughts on the “hostage mentality” has made him rethink his voir dire technique. Putting it bluntly Sari gives the example of “when you come in with the mindset of ‘who here is out to kill me and how do I kill them first’ that is like a poison and a disease” which then spreads and has your potential jurors wanting to find a way to get out of being selected for your jury. A different mindset where you find the people who want to help you can change this and Sari’s analogy involving hiring a new paralegal and sorting through resumes helps put everything into perspective.
Michael pivots the conversation into how important mindset is for trial lawyers. Sari truly believes “how you’re thinking, affects how you act, which affects your results” and explains how the CTFAR model can help. Michael gives the example of his mindset before his upcoming jury trial and how he is reminding himself “jurors are good people and want to do the right thing and help my client.” This example leads to Sari sharing just how useful the mindset of “the jurors love me” was for a client of hers and how the success of this led to a $10 million dollar jury verdict. And if you are thinking “this is bullshit” Sari explains the communication science behind it and why it works.
Moving from mindset back to voir dire, Sari and Michael discuss how frustrated potential jurors are in the jury selection process. When jurors are not sure why they are there and what is happening it’s critical to get to the point and say what they are in court to do. The next step is to then think about voir dire as a group process and not an individual process, because you are there to create a group and you want a group to reach a verdict in your case not 12 individuals. Michael adds how equally important it is to think about the information you share with the group, the order in which you share it, and how you shape the conversation. The order in which you share your information is crucial and your timing is too, which leads to Sari explaining how jurors will immediately think whatever principle or fact (good or bad) you bring up first is the most important part of your case.
Michael wraps up this episode with a discussion on managing energy. He shares his experiences as a trial lawyer by describing his energy level as a young attorney as being extremely high energy at all times, but then when he tried to slow down he came across as “low energy and passionless,” and now he has learned about “managing energy” to keep the jury engaged and never bored. “Ringing the bell” is an engaging way for attorneys to keep the jury on the edge of their seat and is described as a tool for great storytelling in your opening. However, these techniques are not natural and as Michael points out you have to practice before you do this in front of the jury successfully. Practice should not be confused with scripting an opening, so Sari reminds listeners this is for “the ease and the delivery of information not rehearsing it word for word.”
The episode is filled with additional great advice ranging from the importance of videotaping yourself, why it is imperative to rehearse saying the dollar amount you want a jury to award, thinking about the principles in your case, how journaling can help you in your mindset, using devils advocate questions, thinking about voir dire and how it connects jurors to you in your opening, and so much more. It’s truly a show any attorney will want to listen to more than once.
BACKGROUND ON SARI DE LA MOTTE
Sari de la Motte is a nationally recognized coach, speaker, and trial consultant. She has trained extensively with an internationally recognized authority in nonverbal communication and is an expert in nonverbal intelligence.
Sari specializes in helping trial attorneys communicate with jurors.
Sari speaks to audiences of a few dozen people to audiences of over a thousand. A sought-after keynote speaker, Sari is often asked to headline conferences across the United States.
Sari consults with trial attorneys all over the country, assisting with trial strategy, voir dire and opening statement. She conducts mock trials in her studio in Portland, Oregon and assists with jury selection on-site.
Sari has spoken for, and works with, several members of the Inner Circle of Advocates, an invitation-only group consisting of the top 100 trial attorneys in the United States. She’s has been a featured columnist for Oregon Trial Lawyer’s Magazine, Sidebar, and has also written for Washington State Association of Justice, Oregon Criminal Defense Attorney, and other legal publications. She provides CLEs for various state association of justices around the country. Because of her unique ability to help attorneys communicate their real selves, she has been dubbed “The Attorney Whisperer.”
Sari is regularly interviewed on TV, radio, and in print, and has appeared in the Atlantic, Huffington Post, The Oregonian, Willamette Week and other publications. Her book, From Hostage to Hero: Captivate the Jury by Setting Them Free was released by Trial Guides in November, 2019.
For more information on Sari de la Motte you can visit http://www.saridlm.com/
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38 – Wayne Pollock – The Court of Public Opinion
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In this episode of Trial Lawyer Nation, Michael Cowen sits down with attorney and founder of Copo Strategies, Wayne Pollock, for an in-depth discussion on the court of public opinion [copo] and how it can affect your clients, cases, firm, and reputation.
Having graduated college and working in public relations for a PR firm for about four years, he was introduced to the legal world through one of his clients at the time, Fox Rothschild, now an AM Law 100 law firm, which inspired Wayne to go to law school. Graduating law school from Georgetown University, he went to work at a big law firm for six and a half years as a litigation associate while he never stopped liking public relations. Wayne describes himself as an attorney focused on the court of public opinion, which really means he helps other attorneys and their clients, ethically, strategically, and proactively engage public opinion in order to help those clients resolve their cases favorably. Wayne does this work to help the attorneys build their practices, he also goes in as a consultant to law firms, and other times as limited scope co-counsel to the actual clients. Overall, his goal is to help clients resolve their cases favorably through the media and through outreach to the public, essentially blending media strategies with legal strategies, and ethical compliance with defamation avoidance.
Wayne describes the launch of this offering from his firm, mainly because he didn’t see this kind of fixture being offered to attorneys and clients. Often, he describes seeing, attorneys and clients who are talking to the media in connection with active litigation, but they didn’t seem to have a strategy. They don’t seem to be thinking about what’s happening in court when they’re saying things publicly. They certainly aren’t always thinking about the ethics. And he’s also seen plenty of press releases where the PR firm or the law firm is clearly defaming the other side. So, he took that need in the market and thought his services could be used in a different way, thereby launching his firm a couple of years ago, to do just that.
When it comes to being in the media, Wayne admits it’s daunting for many attorneys, mostly because unlike a normal litigation practice, there are no rules. There are literally no rules of evidence, no rules of procedure, and it’s somewhat of an “every person for themselves” type environment, and that’s difficult for attorneys to get used to. He points out there are obviously ethical rules and defamation rules, but in terms of how you engage with the media and what you say, there’s really no set core set of practices that are established. Regardless, Wayne still encourages his clients, and their end clients, to always be thinking about the court of public opinion and engage it head on as a part of their legal toolkit, because often times, they find that what happens in the court of public opinion impacts what happens in the court of law in this era of social media, online news, and the viralness of both. From Michael’s previous experience, he’s also found competing mindsets of the ego of wanting to be on TV and wanting to be quoted, pitted against the fear of not wanting to cause harm to anyone, especially his clients. Wayne goes on to discuss the privilege issue and how it is a huge problem when law firms hire outside PR firms. He explains it all in detail, but once he realized that he could help get around the privilege issue by serving as an attorney, the light bulb went off and he said to himself, “I guess I’m just going to have to do this myself.”
Wayne defines the “court of public opinion” as people who are not parties to a legal dispute, but whose perceptions of the dispute could impact how the dispute is resolved and how the litigant’s reputation or prosperity could be affected. He goes on to describe the many different types of pools of people who can be affected by the court of public opinion, as well as organizations who stand for the same kind of qualities a client, or their case, do which can help bolster a case by piggybacking on the case and drawing more attention to it. Wayne also describes the effects of the ripple far and wide when information is spread in the court of public opinion, whether it is compelling others to call in with crucial evidence or even developing additional suits with others who have experienced the same thing being tried in a current case, all of which adds to the snowball effect that is created. He’s even had judges tell him they will dot their i’s and cross their t’s that much more closely when they know they’re involved in a high-profile case because they know more eyeballs are on them. And he adds exactly how plaintiff attorneys can use the court of public opinion to their advantage to fight the David v. Goliath fight against the big law firms hired to represent defendants.
From a marketing perspective, Wayne talks about how being seen in public media outlets can give an attorney instant social proof of the work you’re doing, by literally seeing you in action. “It’s not just you sending a press release or someone visiting a website. They see you quoted in an article, they see you being an advocate for a client, and they think to themselves, wow, he/she really knows what they are doing. Maybe I should contact them. That’s a lot different than just Googling ‘trucking attorney in Texas’ and hoping that somehow they get to you.”
Michael and Wayne explore a myriad of topics surrounding the court of public opinion throughout this episode, including: the ethics surrounding being in the media and the change of societal narratives and perceptions; anchoring – a tactic rooted in psychology and persuasion; the rules of professional conduct when engaging with the media; getting consent from a client, especially with the understanding that there are many mean-spirited people in the world who are ready to say bad things; core factors to consider when determining if a case is newsworthy and how to frame cases to be “sexier” in the eyes of the media; and so much more. This episode is one to listen to several times for attorneys who are thrust into the spotlight feeling unprepared, as well as for attorneys with cases that could have greater potential through exposure from the court of public opinion.
“Please note the TLN19 discount code mentioned in this show has now expired.”
BACKGROUND
Wayne founded Copo Strategies in 2016 after spending over a decade achieving favorable legal and public relations results for his clients.
Prior to starting Copo, Wayne was a litigator at Dechert LLP, one of the largest and most prominent law firms in the world, with more than 900 attorneys worldwide, and more than $1 billion in annual revenues. In his more than six years at the firm, he obtained favorable outcomes for clients by analyzing and presenting complex legal and factual issues. While at the firm, Wayne worked on high-stakes, high-profile matters that were often reported on by local, national, and international media outlets. For example, he was on the Dechert team that represented the ten former independent directors of Lehman Brothers in the wave of investigations and litigation triggered by Lehman’s September 2008 collapse. He was also on the team that represented Takata, a leading automotive parts manufacturer, in litigation and regulatory investigations related to the company’s recall of tens of millions of potentially defective airbags. And, Wayne was on the team that represented the Marshall family in litigation against Vickie Lynn Marshall (a.k.a. Anna Nicole Smith).
Before law school, Wayne practiced public relations at The Star Group, a one-time Advertising Age “Top 100” marketing communications firm. In his four years at the firm, he developed and executed public relations and marketing initiatives on behalf of regional, national, and international clients. While at Star, Wayne cultivated relationships with journalists and secured dozens of placements for clients in national and regional media outlets including USA Today and The Wall Street Journal, regional television network affiliates, and national trade media outlets.
Publications, Media Appearances, and Speaking Engagements
Please click here for a list of Wayne’s publications, media appearances, and speaking engagements.
Education
Wayne graduated in 2009 from Georgetown University Law Center, where he was Senior Special Projects Editor for The Georgetown Law Journal.
Wayne graduated magna cum laude in 2002 from the S.I. Newhouse School of Public Communications at Syracuse University, where he majored in public relations.
Court Admissions
Wayne is admitted to practice law in all state courts in Pennsylvania and New Jersey. He is also admitted to practice in the U.S. District Court for the Eastern District of Pennsylvania, the U.S. Court of Appeals for the Third Circuit, and the U.S. Court of Federal Claims.
Personal
Wayne resides in Center City Philadelphia. If you keep an eye out, you might find him running on one of Philadelphia’s numerous running trails, desperately trying to keep Father Time away from his knees.
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01 – Joshua Karton – Turning off the “Act” in the Courtroom
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In this episode of Trial Lawyer Nation, Joshua Karton joins Michael for an introspective discussion on trial psychology and communication.
Joshua’s perspectives on turning off the “act” in a courtroom and getting back to just being (real) are deep and enlightening to listeners at all levels of the industry. The idea of “getting out of your own head” is turned upside down as Joshua challenges attorneys to embrace their role not as one there to protect themselves or their own ego, but rather as someone who is there to defend and protect their client and thereby connect with jurors who could see themselves in the position of the client one day and wanting the same protection.
Joshua shares what he believes allows people to trust through using everything you’ve got and not leaving anything in reserve. Joshua also breaks down the concept of not using negative objectives (such as not wanting to bore the jury, not wanting to piss off the judge, not wanting to embarrass yourself) that can’t be done, and instead of committing to objectives that are incompatible with the negative. Michael shares an application of this concept through the evolution of his own practice and how it’s propelled his success and allowed him to alleviate many of the stresses that tend to plague and follow most lawyers.
Joshua expounds on the power of goodness and how the recent political landscape has challenged this approach of connecting with jurors and how deep the need to be right has become a critical hurdle in the courtroom. Michael takes these ideas a step further by discussing how they have affected even the validity of eye witness testimony and the influences of psychodrama sessions. Self-awareness weaves its way throughout the podcast as the main theme that bolsters the success of attorneys in the right frame of mind and holds back others.
The episode concludes with a thoughtful discussion on the lens jurors see things through and how being aware of how you are setting yourself up to be perceived can change dramatically based on a single choice all attorneys have control over.
Background on Joshua Karton:
JOSHUA KARTON, president of Communication Arts, specializes in the application of the communication techniques of theatre/film/television to the art of trial advocacy. He serves on the faculties and develops curriculum for AAJ, the Gerry Spence Trial Lawyer’s College, NITA, the JAG Corps, ABA, NACDL, National Criminal Defense College, Loyola and California Western Schools of Law, state t.l.a.’s and criminal defense associations, as well as maintaining a professional practice of individual case consultation and witness preparation. Thirty years of work in this field culminated in his preparation of the winning oral argument to the United States Supreme Court in Hamdan v Rumsfeld, and the 2016 Lifetime Achievement Award for Excellence in Advocacy from Stetson University College of Law’s Center for Excellence in Advocacy. He co-authored Theater for Trial, released by Trial Guides November 1, 2017.
For more on Joshua Karton visit: https://www.trialguides.com/authors/joshua-karton/
Just listened to Michael’s interview with Mikal Watts. What a great interview! Thank you both for sharing your knowledge and for your willingness to mentor others. I need to find a friend with a shiny head in case I pick up a tire case! Haha. Thank you for your candor as well in the lessons you learned as you grew your practice.