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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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09 – Artemis Malekpour – All-Inclusive Trial Strategy
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In this episode of Trial Lawyer Nation, Michael Cowen sits down with a nationally renowned trial consultant, Artemis Malekpour whose strength lies in her trial litigation strategy consulting. She describes it by boiling it all down to, “we help your case.”
However, the sheer magnitude of the scope of her work ranges from before you even file a case, to the end result, and everything in between, including focus groups, trial strategy, mediation strategy, discovery, pre-suit issues, voir dire, and opening statements to name just a few. Artemis describes her entry into the profession as coming initially from a background of psychology and starting down the pre-med path when realizations came to her, along with a pretty dramatic chain of events, that aligned her studies with a passion toward the legal industry. Her dilemma with the situation turned into learning more and taking in feedback from many different subsequent cases and being introduced to them from the inside, which eventually confirmed she was heading in the right direction for herself.
Empathizing with Michael, who also has a psychology degree, Artemis describes several of the cases she’s been through where the emotions start to take over and the desire to help everyone kicks in. Both Michael and Artemis give several examples of intake processes now firmly in place to help avoid accepting cases which are not suitable to take on both for the good of the firm or for the good of the client.
Artemis also opens up about her focus group experiences across the country, averaging sometimes around 40 per year, and divulges some of the trends she is seeing as a result of our current political climate. An interesting moment is a conversation between her and Michael about the power of silence, be it in the courtroom or with a focus group, and how it can be used to benefit your case. And while this technique and others are discussed, Artemis reinforces the importance of understanding there is no “magic formula” for success and describes what she believes the best trial lawyers do after trial.
The insights Artemis shares throughout the conversation are not just insightful, but practical toward any case. Michael jokingly refers to these insights as a “list of the things we do to screw up our own cases.” But we also know even that depiction is sometimes an understatement, which is why talking with Artemis was such a pleasure in this episode. She tells it like it is, and we all come out better on the other side.
Background on Artemis Malekpour
Artemis Malekpour is a partner in the litigation consulting firm of Malekpour & Ball. With a background in psychology and psychiatric research, she specializes in focus groups, case strategy, damages, and jury selection. Artemis did her undergraduate work at the University of North Carolina at Chapel Hill, then earned a Master’s in Healthcare Administration from UNC’s School of Public Health and a law degree with honors from Duke University. She has consulted on a wide variety of cases across the country, with a knack for identifying potential landmines, incorporating her knowledge from years of watching jury deliberations and talking with jurors.
For more info on Artemis Malekpour visit https://www.trialguides.com/authors/artemis-malekpour/
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12 – Eric Penn – $89M Worth of Experience
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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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54 – Michael O’Neill – Delivering Justice: From UPS Defense Attorney to Plaintiff Trial Lawyer
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In this episode of Trial Lawyer Nation, Michael Cowen sits down with former defense attorney for UPS and current plaintiff attorney, Michael O’Neill. This show covers an array of topics, including the defense’s advantages in catastrophic injury cases, why O’Neill switched sides of the courtroom (and why it made him such a good plaintiff attorney), what companies can’t defend against, and why referring out cases can make you more money.
The episode kicks off with Cowen asking O’Neill why large companies use the same defense firm for cases around the country. O’Neill says the lawyer needs to know a very specific field, know the company well, and have a consistent defense. O’Neill would receive a call in the middle of the night or on a weekend and would need to travel immediately to the scene of a crash. UPS would refer to this as “boots on the ground.” He emphasizes that marshalling evidence while it’s fresh is pertinent to the success of any case. O’Neill shares a story of a time where he went to the scene and pointed out a detail the police missed which would have hurt their case on liability. He was also there while the police were writing their reports and describes how he could influence what was written. Cowen and O’Neill discuss the defense’s role in shaping the narrative of the case from the start, the role of psychology with the first responders, the defense’s advantage in this, and what plaintiff lawyers CAN (but most DON’T) do to combat this.
Cowen then asks what everyone’s thinking; why did O’Neill switch to the plaintiff’s side? O’Neill replies that the curiosity has always been there. He then describes a scenario, not uncommon to him, where he had a defense verdict on a case he believed “that’s an easy 7-figure case that should have been won and we zeroed them.”
The conversation shifts to what companies CAN’T defend. Both agree on exposing poor training programs as the key to winning “nuclear verdicts” in commercial vehicle and trucking cases. They discuss this and other factors which make the case about the 3 months before, as opposed to the 5 seconds before the crash. O’Neill then brings up a defense trucking podcast by FreightWaves which recently discussed the defense’s fear of “the second lawyer” and the impact of referral attorneys on the insurance industry. As a “second lawyer” himself, Cowen shares a recent example of an insurance company who learned once he became involved all prior negotiations at a much lower number were out the window.
One of the most important details for a successful catastrophic injury lawyer to accomplish is to make the case about the company, not the individual. Cowen shares a story of a case where the CMV driver was high on meth at the time of the accident. The case against the driver was already strong, but when asked by a colleague why he was working so hard on the case Cowen replied, “It doesn’t take much money to teach a meth head a lesson. It needs to be about the company and what it takes to teach the company a lesson.” O’Neill echoes this with another great example of a strong case that he made even stronger by putting in the work.
O’Neill and Cowen then praise trucking trial lawyer Joe Fried and how instrumental he has been on creating the current “abundance mentality” of the Academy of Truck Accident Attorneys (ATAA). The ATAA abundance mentality encompasses the idea that there are plenty of trucking cases to go around, and we all perform better when we share information and establish good law. “The tide raises good ships,” O’Neill eloquently responds. When comparing this to the defense bar, O’Neill says the difference is night and day. Information on the defense side is kept from one another because there are fewer clients and essentially everyone can be your competition. He goes as far as to say that the way the plaintiff’s bar shares information “terrifies the defense.”
They then move into a discussion on the transition process from defense to plaintiff lawyer. Cowen asks O’Neill what it has been like changing into a role where he works at a firm that now funds cases and isn’t paid by the hour. O’Neill discusses some transitional difficulties, but insists he has been made confident through his experiences as a defense attorney, stating, “You start giving big checks to mediocre lawyers and you start to wonder, why am I not on the other end of this conversation?” Cowen then describes his history of funding cases by sharing his expertise in finance management and smart firm growth.
The conversation concludes with a discussion on package car cases- What makes them different from trucking cases? Why can they be so complicated? O’Neill highlights the necessity for specialized knowledge in this area, stating, “There’s a million ways to skin a cat, but you have to know how to skin the cat.” Because shipping companies usually work with subcontractors as delivery drivers, it can be difficult to make the case about the company. O’Neill shares valuable insight into how he’s overcome this barrier.
This episode also covers efficient docket size, the order of your depositions, networking, direct to public marketing versus B2B marketing, and much more.
ABOUT THE GUEST
A northeastern Pennsylvania native, Attorney Michael O’Neill handles catastrophic injury litigation, including representing those who were in motor vehicle and truck accidents, medical malpractice, product liability, and premises liability. A former senior litigation associate at DLA Piper LLP, and a founder partner at a national litigation boutique law firm, O’Neill has served as first chair trial attorney in over 25 jury trials, or their equivalent, in ten different states. All of these complex litigation matters involved disputes of seven figures or more and resulted in successful verdicts or settlements.
With more than 20 years of complex litigation experience, O’Neill has appeared multiple times on NBC-10 television in Philadelphia, numerous radio broadcasts and national podcasts as a legal expert and to discuss cases he is handling on behalf of catastrophically injured people.
O’Neill is admitted to the Supreme Court of Pennsylvania, Supreme Court of New Jersey, and the Supreme Court of New York, as well as the United States District Court for the Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, District of New Jersey, and the Northern District of Texas.
O’Neill also has a distinguished military service record as a veteran of the United States Army. He is an honors graduate of the U.S. Army Officer Candidate School and the U.S. Army Aviation and Warfighting Center, was commissioned as a second lieutenant and trained to fly helicopters for the Army and the Pennsylvania National Guard. He remained active in the National Guard until 2005 and is a member of the First Troop Philadelphia City Cavalry, one of the oldest recognized organizations in the United States military.
O’Neill earned his Bachelor of Arts degree at the University of Scranton and received his Juris Doctor from the Villanova University School of Law in 1998. While at Villanova, he focused on litigation-related curriculum and after graduation taught trial advocacy for seven years as an adjunct professor. A lifelong athlete, he played collegiate football and baseball and was inducted into the Wayne/Pike County Area Sports Hall of Fame in 2018. He also has held a civilian aviation license for more than 30 years.
Michael O’Neill joined the offices of Fellerman & Ciarimboli in Philadelphia on March 1st.. He can be reached by phone at (215)776-5070 or by email at mjo@fclawpc.com.
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.