8-figure verdict

89 – Michael M. Guerra – From Guts to Glory

In this episode of the Trial Lawyer Nation podcast, Michael Cowen sits down with McAllen, TX trial attorney, Michael M. Guerra, to discuss his multiple 7 and 8-figure verdicts & settlements, recent “monster” settlement in a “legally tough case,” and advice on how to achieve verdicts like these in your cases.

Cowen and Guerra begin the episode by discussing Guerra’s background and how he got into doing plaintiff’s work. Guerra begins by explaining that he had an Allstate defense firm job waiting for him after law school and was “quickly terminated,” citing that his heart was not in it. Seeing as he was married right before starting law school, had a baby on the way and a mortgage to pay, he quickly took a job as a court-appointed lawyer; a position leading him to over 100 jury verdicts.

In 1995, Guerra was appointed Guardian Ad Litem in a death case in Plainview, TX, where he would meet Mikal Watts. This meeting would ultimately lead to Guerra opening Watts’s McAllen office, where we would work alongside Watts before going off on his own.

“Pushing trials and then just going in there and watching good defense lawyers do what they did. I learned a lot [from them].” – Michael M. Guerra

Guerra then goes into a harrowing story of a case he took on just after going off on his own; a case involving the death of his friend’s father, a high-ranking Sergeant Major in the Army who was killed after his RV exploded when he lit his morning cigarette. The explosion was due to a gas leak in the RV trailer.

Guerra began the case by enlisting the help of several experts; namely Mike Schultz (Illinois) to look at the trailer and Tim Dunn (Georgia) to investigate the gas system. Shortly after beginning the case, a call from a Sheriff’s deputy would change everything for Mike. “He [said], ‘Hey, Guerra, I’ve got to tell you. When we got into the trailer…we found the [gas] burner in the ON position.’” Understanding that the Sergeant Major had most likely left the stove on by accident, Mike’s original thought of a defect or leak causing the explosion was called into question. He couldn’t believe it.

Continuing past this unfortunate revelation, Mike began researching the trailer and oven manufacturers and came upon an interesting, and ultimately crucial, piece of information: the company sold the exact same trailer in Australia with one key difference, their stoves contained a “flame failure device.” This device, which automatically shuts off the gas once the flame goes out, was absent from American models of this trailer; a safety feature that would’ve cost the company only 99 cents per burner to install.

That case consumed me for 10 months, [as] we got it set for trial.” – Michael M. Guerra

The case was settled a week into trial for an amazing result and, more importantly, saw the trailer manufacturer agree to include the “flame failure device” safety feature in all future models.

The two then move on to discussing Guerra’s latest case out of the Port of Brownsville; a case involving “ship breaking,” the process of dismantling a ship to reuse parts or extract materials, a flash fire, and 2 men who suffered significant burns (one who was burned on over 80% of his body and passed away).

After discussing details of the case including the ship owner filing a Limitation of Liability Act, getting removed to federal court, and then returning to state court, the two begin to discuss Guerra’s invaluable 2-day, 36-person mock trial, which gave him the confidence to ask for huge numbers ($250-$300 million) in voir dire; a task that, Guerra confessed, scared him.

“It took a lot, for me personally, to [ask] for that kind of money; knowing people would throw hand grenades at me.” – Michael M. Guerra

When everything was said and done, calmed and confident from his meditations, prayers, and with some last-minute motivation from a Nick Rowley CD in his car on the morning of trial, Guerra couldn’t wait to get started. The jury was selected on Friday, presenting evidence was scheduled to begin on Monday, yet they would not have a chance to begin, as the case was settled on Saturday evening.

Cowen then shifts the conversation to what Guerra did to pressure the defense in the case. Guerra responds, “most jurisdictions from coast to coast have laws that create a duty for insurance carriers to use good faith when settling cases. In Texas, we call it the Stower’s Doctrine, which says that if an insurance company refuses to settle a case, that reasonably should have been settled within policy limits, the insurer can sue that carrier and they can be on the hook for the entire amount of verdict even above their policy limits.”

“It’s an everchanging, very dynamic area of law, in my opinion” – Michael M. Guerra

Guerra closes the discussion by talking about how he hired several different policy lawyers, including coverage lawyers specializing in reading insurance contracts, to help draft a demand to the carrier. “That really paid off in the end,” he says as he reflects on the impact of hiring those lawyers, including a quick note on the defense commenting on how expertly done the demands had been.

This podcast episode also covers the importance of working with and learning from great lawyers, advice for handling “monster” cases, why you should give your cell phone number to everyone, and much more.

Guest Bio

Michael M. Guerra was born and raised in McAllen, Texas. He received a Bachelor of Science degree from Texas A&M University in College Station and a law degree from Texas Southern University in Houston. While at A&M, he was a member of the Corps of Cadets. In law school, Mr. Guerra was an American Jurisprudence Award recipient in Constitutional law. Mr. Guerra has been licensed to practice law since 1993. He is certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and has served as a member of the Exam Commission. Mr. Guerra began his career by successfully trying dozens of criminal trials to jury verdict. He transitioned his practice to representing plaintiffs in civil litigation, including representing hundreds of landowners in an aquifer contamination case and representing the Plaintiffs in America’s first Ford Explorer – Firestone tire case to reach a jury. Since then, his efforts have been instrumental in compelling safety improvements in product manufacturing and premises management. Over his almost 30 year career, Mr. Guerra has generated hundreds of millions of dollars in recoveries for his deserving clients. His efforts have achieved astonishing results, including a $33 million injury verdict which was the record verdict in Texas for a case of its type, as well as multiple settlements of more than $20 million.

Mr. Guerra has been featured as a speaker in numerous civil litigation seminars and his articles have been featured in national publications. His cases have been profiled by, or he has been quoted by numerous major news organizations such as the New York Times, the Los Angeles Times, CNN, and Fox News.

Mr. Guerra is a fellow in the International Academy of Trial Lawyers and a member of the American Board of Trial Advocates (ABOTA,) as well as the Attorney Information Exchange Group (AIEG). He has been named Texas Monthly – Texas Super Lawyer in multiple and consecutive years and he was named to The National Trial Lawyers – Top 100 Trial lawyers. Mr. Guerra is on the Advisory Board of the Texas Agriculture Lifetime Leadership (TALL) program and is on the Advisory Board of the McAllen Pregnancy Center. He is also a member of the President’s Board of Visitors for the Cadet Corps at Texas A&M University. Mr. Guerra was selected as the 2018 Ronald D. Secrest Outstanding Trial Lawyer Award recipient by The Texas Bar Foundation. The award recognizes a trial lawyer who, in his or her practice, has demonstrated high ethical and moral standards and has demonstrated exceptional professional conduct, thus enhancing the image of the trial lawyer.

Michael Guerra is married to Mindy Guerra and has three children.

 

76 – Benedict Morelli – Never Deviate: Telling the Truth, Trusting Your Instincts & Taking Risks

In this episode of the Trial Lawyer Nation podcast, Michael sits down with legendary trial lawyer Benedict Morelli. With several 8 and 9-figure verdicts under his belt from a wide range of civil litigation areas, Ben’s track record as an attorney and advocate is known across the country, from suing Bill O’Reilly for sexual harassment and representing Tracy Morgan in his trucking case against Walmart. He and Michael discuss Ben’s story and path to success, a number of his high-profile cases, how he connects with the jury, and so much more.

Ben’s legal career started over four years before he passed his bar exam, while he was working at a law firm in an administrative role. There, he had the opportunity sit in on several jury trials and jury selections. Because of this, he had a head start in figuring out what strategies worked for him, namely authenticity in front of the jury. He continues to hone his craft today by researching other cases and their results. Interestingly, he doesn’t focus so much on the amount the jury awarded. Instead, he digs deeper into the facts of the case to analyze how great the verdict really was and encourages his team of young lawyers to do the same.

After Ben explains that he simply refuses to play by the insurance’s rules of offering about half of what you ask for, Michael digs deeper into where Ben gets his courtroom confidence from. Ben uses something he calls “Ben Morelli’s personal moot court” and seeks feedback from his friends and family. He also references Tracy Morgan’s trucking case against Walmart, eloquently stating “When I have a royal flush, I don’t play it as a pair of two’s.” If you have a strong case in a good venue, have the guts to stick to your number while also analyzing the risk vs. the reward.

Ben is now at the point in his career where his reputation precedes him, and he shares a SHOCKING story from his case against Live Nation where it worked to his advantage.

Michael then digs in to one of Ben’s biggest strengths, how skilled he is at connecting with the jury. His short answer is, “I am them. I’m exactly them.” He grew up like most of them, doesn’t talk down to them, and ALWAYS tells them the truth. He also NEVER uses jury consultants or a mock jury, which is in stark contrast with how many of our previous guests choose a jury. Instead, he goes into voir dire with no bag, paper, or even a pen and ALWAYS sticks to his theory. He insists that his own instincts and knowledge have served him better over the years, and that “When I bet on the jury, I win.” While a unique approach, this technique has served him so well that he’s been told my numerous judges that he won the case in jury selection. He concludes this topi by clarifying that the most important thing is that you stick to who you are, and find what techniques work for you instead of “drinking the Kool-Aid.”

Ben is also unique by today’s standards because instead of specializing his practice, he takes on a wide variety of cases in different practice areas. His philosophy on this is that if it’s a civil case, he can learn it. He also genuinely enjoys the challenge and takes a lot of pride in the diversity of his practice, something he urges other lawyers to consider before they specialize.

Michael then asks Ben how he motivates and educates his large team of young lawyers.  Ben describes his daily meetings with his lawyers and also with his staff. “I’m never too important,” he continues. Every attorney in the firm knows he will personally read every single thing they write. Michael agrees with this philosophy, and he and Ben discuss why it’s so imperative to stay involved in the litigation aspect of your firm, even after you’ve built up a great team.

The pair ends the episode by discussing two of Ben’s star-studded cases – Tracy Morgan’s trucking case against Walmart and suing Bill O’Reilly for sexual harassment. After sharing what it was like to represent a celebrity of Tracy Morgan’s caliber, he explains how suing Bill O’Reilly was one of the most nerve-wracking cases he’s ever had. They went after Ben, his wife, and his practice “with a vengeance.” The details of this story are shocking and Ben’s decision to stick with the case is truly inspiring.

This podcast also covers individual case lawyers vs. mass tort case lawyers, how Ben orders his witnesses (and why it’s SO important), how to internalize what your client’s been through, the power that plaintiff’s attorneys have, Ben’s record-breaking sexual harassment suit verdict, why Ben chose not to specialize his practice, and so much more. This episode is full of insightful and inspiring stories that are well worth the listen!

 

Guest Bio:

Benedict Morelli is one of the most successful plaintiff attorneys in the country, securing numerous multimillion-dollar results, including a $95M verdict in a sexual harassment case and a $102M verdict against Live Nation. He also helped negotiate a $265M settlement – the largest settlement for a passenger railroad accident in US history – for victims of the 2015 Amtrak train derailment. Mr. Morelli and his firm often litigate high-profile cases, including representing comedian Tracy Morgan in his lawsuit against Walmart and being one of the first to successfully sue Bill O’Reilly and Fox News for sexual harassment. He has deep experience in a variety of civil matters, including personal injury, truck and auto accidents, employment discrimination, medical malpractice, and product liability.

 

64 – Mark Mandell – The Case Framing Mindset

In this Trial Lawyer Nation podcast, Michael is joined by legendary trial lawyer and author Mark Mandell. Mark wrote the must-read books “Case Framing” and “Advanced Case Framing.” Michael and Mark take a detailed look inside these books, including what case framing is, how to apply case framing, what “I just can’t get over” issues are, using “echoes” in trial, Mark’s trial closing strategy, and the story of the hardest case Mark ever tried.

Michael begins the episode by asking Mark to describe what case framing is. Mark starts at the beginning and explains how when he first started practicing, plaintiff lawyers were basically in “the dark ages.” Mark began looking for new ways to try cases almost immediately, but found each method he tried had holes in it. Then about 15 years ago, he started to study decision science and put together the basis of case framing.

Mark insists case framing is not just a method. As another great lawyer stated and Mark has since adopted, “It’s more than a model. It’s a mindset.” Mark explains how case framing has become a part of him, and influences everything he does both pre-trial and in trial. When he was first asked to describe case framing in one sentence, Mark struggled initially but then settled on, “Every single thing you present at trial needs to be framed and sequenced in a way that focuses the attention of the jurors on the points YOU most want to make.” He goes on to describe how a case is decided by what it’s focused on, so why would you want to focus on anything else? As Mark astutely summarizes, “A case frame is the heart and soul of the case. It gives the case meaning.”

Mark continues with explaining how a case frame needs to have two qualities. It needs to relate to the facts of the case, and it needs to have universal application in our society. He shares the detailed example of how he first came to understand this from the OJ Simpson criminal trial. Mark lists off the issues of the case and explains how they aren’t case frames. After exhausting these, Mark explains how the case frame was actually wrongful accusation and elaborates on why that is such a powerful case frame to use because of both its power and universal applicability.

Michael then asks Mark to explain the next level of case framing, which Mark named “I just can’t get over” issues. Simply put, it’s an issue that if a jury can’t get over, it’s going to guide their verdict. These issues can come from an almost endless amount of places, but they need to embody that statement.

As a follow up Michael asks what every listener must be thinking, what are some examples of defense “I can’t get over” issues and what can plaintiff lawyers do to overcome them? Mark gives a laundry list of examples and directs listeners to his book “Advanced Case Framing” where he details 16 different ways to overcome them. He briefly explains how to overcome these issues by refuting them or by “substituting them” or “overcoming them” with more powerful issues.

Another aspect of case framing Mark discusses in his books is “echoes.” Marks insists this is actually one of the hardest concepts to understand. An echo needs to either support or defend an issue, or Mark says you shouldn’t use it. It can be a document, idea, exhibit, or many other things that cause a good issue to reverberate throughout the jury’s head throughout trial. Mark explains how people need echoes to fully understand something because nobody can pay attention indefinitely. He then provides several examples of echoes he used when trying a DRAM shop case which he says is the hardest case he’s ever tried. Through this example, he highlights the importance of ignoring chronology and starting the case at the #1 “good for you” issue in the case.

The conversation shifts to a discussion of Mark’s different closing strategies. The first of those is that he never discloses his overall case frame until closing. He has numerous reasons for doing this, including that you need to leave something new to tell the jury in closing – and since the jury always goes into closing arguments undecided on something, what could be better to present to them than your overall case frame? His other reasons include rebuttal rules and that your case frame can change during trial, based on how it unfolds.

Mark is also known for using questions in his closing arguments, which Michael asks Mark to explain. Mark offers a surprisingly simple answer – people don’t like being told what to do. Mark continues by explaining that when you tell the jury what to do, YOU become the issue. When jurors come up with the answer themselves, “They own that answer now.”  He believes this causes them to go into deliberation much stronger. Michael adds that trusting the jury is both the most liberating and terrifying thing, to which Mark agrees. But, it makes trial a lot more fun AND leads to better results.

Michael and Mark conclude the episode by taking a detailed look at the DRAM shop case which Mark insists is the most difficult case he’s ever tried. Mark walks listeners through the shocking details of the case and explains how he applied his methods throughout. After being told by countless lawyers to drop the case, Mark walked away with a $21.5 million verdict after interest. This story truly needs to be heard to be appreciated.

This podcast also covers Mark’s advice on one of Michael’s more challenging cases, using anchors in trial, secondary case frames, beginning every witness examination with an “I can’t get over” issue, and so much more.

If you’d like to learn more from Mark Mandell, visit his website and purchase his books “Case Framing” and “Advanced Case Framing” here.

 

Guest Bio:

Mark Mandell practices law at Mandell, Boisclair & Mandell, Ltd. in Providence, Rhode Island. He specializes in catastrophic personal injury, wrongful death, medical negligence, dram shop and products liability cases.  He is triple Board Certified, nationally.  His certifications are in the areas of Civil Trials, Civil Pretrial and Medical Negligence Litigation.  Mr. Mandell is currently listed in “The Best Lawyers in America.” He is a member of the Inner Circle of Advocates.  Mr. Mandell is a past president of American Association for Justice, Rhode Island Trial Lawyers Association, and The Rhode Island Bar Association.  He is the immediate past chair of the Board of Directors of the Roger Williams University School of Law. He has more million dollar verdicts and verdicts of over $10,000,000 than any other lawyer in Rhode Island history.  Mark has written two books “Case Framing” and “Advanced Case Framing”.  He has also published 24 articles in national and state trial law journals on a variety of subjects and has lectured in 48 states.

 

58 – Nick Rowley – Brutal Honesty

In this long-awaited podcast, Michael sits down with renowned trial lawyer Nick Rowley. They discuss Nick’s journey to success, how he came up with “brutal honesty,” his book “Running With the Bulls,” the secret to settling high value cases, saying “no” to the defense, and Nick’s advice for how to become a better trial lawyer.

The conversation begins with Nick sharing his path to becoming the record-breaking trial lawyer he is today. Nick describes himself as a “juvenile delinquent” when he was a child. He was bullied a lot in school and expelled from every school he attended. After graduation, he decided to join the military to “kill bad guys,” but ended up becoming a medic. It was this role that fueled him with purpose. Using his GI Bill, Nick finished his bachelor’s degree and attended law school to continue his desire to help others, which he describes as an addiction.

Nick was never afraid to take tough cases to trial and losing, because he grew up getting beat up. He adds that even if he does lose, he learns more from his losses than his wins and they help make him a better lawyer. Michael echoes this sentiment and agrees that losses hurt in the short-term, but don’t bother him in the long run.

The conversation shifts when Michael shares how he’s noticed most top trial lawyers weren’t “born with a silver spoon in their mouth,” to which Nick wholeheartedly agrees. “It’s about life experience,” Nick states. He goes on to explain how if you’ve never had to work hard, experience failure, been afraid, or gone without, you don’t have the same “hunger” as someone who has. Nick emphasizes the importance of inner drive and notes trial lawyers who grew up without anything know if they don’t put in the work, no one else is going to do it for them. Michael also explains how it’s easier to feel comfortable in a client’s home when you’re used to the environment most of them live in. Both share stories of getting to know clients on a personal level and how this translates to a successful jury verdict.

Michael then transitions by asking Nick which case he is most proud of in his established career. Instead of talking about his largest verdict, he shares a story of a smaller verdict on a particularly challenging case. After being called upon by a lawyer having severe health issues the day before his trial was set to begin, Nick flew out to Santa Monica to help get the case continued. The defense lawyer was uncooperative and lacked the slightest bit of sympathy for the attorney, so Nick decided to try it without any prior knowledge of the case. His description of voir dire and addressing what he saw as the pain points of the case with brutal honesty is riveting and concludes with a $1.5 million verdict based solely on non-economic damages.

Nick is highly regarded as a trial lawyer for many reasons, but he is probably most famous for coining the term “brutally honest” in jury selection. Nick shares the story of how he came up with the term and explains why it works so well. He emphasizes the importance of asking jurors to define “brutal honesty” themselves, then asking them to please be brutally honest with you. This strategy has made a huge difference in Nick’s jury selection process. As an example, Michael role plays as a juror who doesn’t believe in money for pain. Through this example, Nick shows how he would address a juror with these views. Michael and Nick both agree stereotyping jurors immediately is an ineffective strategy and should be avoided.

The conversation shifts into a discussion of Nick’s book, “Running With the Bulls.” Michael inquires as to why Nick decided to write a book about settling cases when he is most famous for trying cases. Nick answers simply, “I do settle cases.” Nick insists the secret to settling cases for high value is “having the balls to go to trial.” He describes his frustration with not getting paid after a jury verdict and started thinking of ways to preemptively strike against this, so as soon as he gets his jury verdict he is “able to collect it immediately.” This resulted in Nick crafting a process to “expose the bullshit” and the insurance company puppet masters, a process he shares with fellow plaintiff attorneys to help raise the bar for everyone.

Michael shares the chapter of the book which resonated with him the most, “The Power of No.” He explains how he still feels bad for saying “no” to the defense, even though he knows better. Nick believes most trial lawyers are gentle, accommodating people by nature. He shares a strategy for re-framing this mindset when it comes to the defense, ending with, “They are the enemy, because they’re working for the enemy … be kind and accommodating. But when it comes to money, don’t hold anything back.”

The two transition into a discussion of criteria for accepting cases. Nick states there aren’t criteria. For him it is asking himself – Do I feel something inside? Is there something I can do for this person? Can I imagine myself standing in front of the jury? He notes that in an ideal world, he would only work on large cases, but argues the small cases are just as important, stating “If I’m not willing to take these cases, who else is?” For example, a case where a child was killed in a state with a $250,000 cap on non-economic damages is still a case worth fighting for. Nick emphasizes the need for industry leaders to set an example for other lawyers by taking on these worthy cases, even if they don’t lead to a huge payout.

The conversation ends with Michael asking Nick what he thinks a lawyer needs to do to be the next Nick Rowley. Nick states, “I want the lawyer who has the drive to do whatever it takes.” He emphasizes the importance of learning everything available from industry experts, listing off a multitude of names including Keith Mitnik, David Ball, Randi McGinn, and many more. He adds that having the guts to try difficult cases, learning from your losses, and breaking the mold are incredibly important in the journey to becoming a successful trial lawyer.

If you’d like to learn more from Nick Rowley, subscribe to the Trial By Human and Trial By Women list serves, attend his seminars, or visit his website to find more information about bringing Nick in on a case. You can also support Nick’s political efforts to fight the $250,000 cap on non-economic damages by visiting fairnessact.com.

This podcast also covers taking care of yourself during trial, lifting state caps on non-economic damages, the pain of trying a wrongful death case, where Nick is trying to improve, and so much more.

 

BACKGROUND ON NICK ROWLEY

Many consider Nicholas C. Rowley to be the most accomplished trial lawyer of his generation. He has extensive courtroom experience representing victims of serious injuries and medical malpractice, especially those who have suffered traumatic brain injuries, spinal injuries, and chronic pain. In 2009 and 2010, the Consumer Attorneys Association of Los Angeles (CAALA) named Nick as a finalist for its prestigious “Trial Lawyer of the Year” award. Nick was also recognized by the Los Angeles Daily Journal for winning a “Top Verdict of 2010” for his $31.6 million jury verdict for the victim of a traumatic brain injury. In 2012, Nick was a finalist for the “Consumer Attorney of the Year” award, given by CAOC (Consumer Attorneys of California). In 2009, the Consumer Attorneys of San Diego awarded Nick its “Outstanding Trial Lawyer” award. In 2013, Nick was honored with the organization’s top award – “Outstanding Trial Lawyer of the Year“.  Also Some of Nick’s other recent successes include a record-setting $74,525,000 verdict for a victim of medical malpractice, a $38,600,000 jury verdict for a young man who fell from a hotel balcony while intoxicated, a $17,000,000 win for woman who suffered a mild traumatic brain injury caused by a fall from a hotel window and a $13,860,000 win for a mild traumatic brain injury caused by an automobile crash.

Nick has served as an instructor at Gerry Spence’s famed Trial Lawyers College and delivers keynote addresses nationwide on his revolutionary approach to voir dire and damages. Other lawyers, faced with low settlement offers from insurance companies, frequently bring Nick into their cases just before trial. Nick is a relentless warrior who has prevailed in the courtroom time and time again. He prides himself on his caring and empathetic approach to working with his clients and their families, and his ability to help juries find the truth and deliver justice to the injured.

Nick is on the Board of Directors of the Imagination Workshop, which is a non-profit theater arts organization committed to using the unique power of the theater to provide life-changing artistic opportunities to the mentally ill, homeless veterans, senior citizens, and ‘at-risk’ young people. IW programs give troubled people, frequently alienated or overlooked by society, a safe way to express themselves and gain insight that often helps make their lives more successful.

Nick is also on the Honorary Board of Governors of TLC, Los Angeles Trial Lawyers’  Charties, a non-profit organization whose purpose is to make a positive difference in the quality of life for people within the greater Los Angeles area, focusing on issues related to education, children, battered women, persons with disabilities, and homelessness, by providing financial assistance to needy persons and groups in the greater Los Angeles area.

Nick is the author of the book Trial By Human, where he candidly shares his approach that brings brutal honesty and humanity into the courtroom.

 

35 – R. Rex Parris – Cognitive Science and the Persuasion of Jurors

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In this Trial Lawyer Nation podcast, 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 the podcast by 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 Raz

Start with Why: How Great Leaders Inspire Everyone to Take Action
By Simon Sinek

In the Line of Fire: How to Handle Tough Questions When It Counts
by Jerry Weissman

 

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