business model

87 – John Fisher – A Profound Impact

In this episode of the Trial Lawyer Nation podcast, Michael sits down with accomplished author and New York trial attorney, John Fisher. He and Michael discuss everything from developing real core values and living by them to techniques and practices to better connect with jurors.

Michael and John begin the episode by delving into John’s past and how we became the man he is today. After graduating from law school and facing the inevitable question of “what now?” John was approached by a 30-year-old man who told his story of being “horribly brain-damaged in a bus wreck;” an apparently problematic case that lawyers wouldn’t go near. Thus began John’s interest in personal injury law.

This case would go on to trial, settle for an admittedly “not good amount” after a week of trial, but would serve an even grander purpose of selling John on pursuing this path.

“This is what I wanted to do with the rest of my life, which was not personal injury law; it was serving the most severely disabled people and having a profound impact in their lives.” – John Fisher

After discussing another of John’s previous cases, his criteria for accepting cases, and why he loves having a small caseload (28 active files at the time of recording), Michael asks John how he’s able to sustain his business model with only big damage cases. John responds by saying that they don’t just turn away small or moderate cases, they just don’t handle them; opting instead to refer them out to other attorneys and split the fees. John prefers it this way so that the smaller cases don’t take away from the catastrophic injury cases, which require much more time and attention. That being said, there are some exceptions to this rule.

John goes on to explain that, keeping in line with the mission and core values of his firm, he does accept smaller cases on occasion simply because “it’s the right thing to do.” He believes that practicing law goes beyond compensation for injuries (calling that a “small part of what we do”) and is about improving the quality of care for others in the future.

“I got money for people, but is that what the practice of law is really about?” – John Fisher

Following Michael and John’s agreement that it’s much more powerful to affect changes than to focus solely on the money, Michael follows up on the core values of John’s firm and asks him to elaborate on them. John outlines his firms core values as follows:

  • We only represent the injuries of people who’ve been catastrophically injured
  • We’re brutally honest with our clients
  • We do not accept cases that have questionable merit
  • We will NEVER agree to a confidential settlement

After sharing his own firm’s core values, Michael admires John’s concrete goals in regards to the dates he sets to have a certain number of referral attorneys. When asked where he got the idea for that, John eagerly reorients his camera to show the large gong situated in his office. After explaining the ritual of ringing the gong when his firm attains a new referral attorney, he begins to talk about the “epiphany” he had as a young lawyer.

“My clients [are] not injury victims. My clients are attorneys who can send us a steady stream of cases.” – John Fisher

Michael then redirects the conversation back to John’s core values, explaining that they fascinate him and asking how John came up with them. “There’s a critical difference between aspirational values, meaning what we think we should be doing, and real values which is what are you currently doing.” John explains this premise further by talking about the aspirational values his firm adopted (such as “we treat our clients like family”) and how those were changed completely with his new philosophy.

After further elaborating on his core values and the importance of your team embodying your firm’s values, John goes on to explain the importance of mastering the business of law; a subject that led to the creation of his both of his books: The Power of a System and The Law Firm of Your Dreams. (Note: While both books are available on Amazon, John asks that you message or call him personally, and he will send you a signed copy of either or both books! You can email him at jfisherlawyer@gmail.com or call his cell at 518-265-9131.)

“When you give away everything you that know… it comes back to you in spades.” – John Fisher

Following a brief discussion on the importance of absorbing knowledge from “masterminds,” Michael shifts the conversation to an equally important element for success: mindset. Similar to several topics discussed in Ep 86, John highlights the process of changing your mindset (or “Challenging your Paradigm,” as Joe Fried would put it) when it comes to the cases you accept, why you feel that you should accept them and how that may be wrong.

The conversation topic then shifts from Michael and John sharing their methods for dealing with and moving on from a loss, settlements and moving cases to trial, how they prepare for a trial in the weeks before, the importance of collaborating with fellow attorneys, and John’s MasterMind Experience.

“When you stand up in front of the jury for the first time, what is the most important thing you can do? Screw your notes, throw [them] in the garbage can and bond with the jury.” – John Fisher

John concludes the episode in spectacular fashion by not only giving his contact information, but also giving our listeners access to all of his firm’s policies and procedures via Fisherpedia.com!

Login credentials for Fisherpedia.com coming soon! (please check back for updates)

If you’d like to contact John Fisher you can email him at jfisherlawyer@gmail.com or call his cell at 518-265-9131.

 

Guest Bio

John Fisher is the owner and founder of John H. Fisher, P.C., where he limits his practice to catastrophic injury law for injury victims in New York State.  Over the last 20 years, John’s practice has been limited to the representation of catastrophically injured persons.

John has been cited as a legal expert on numerous occasions by TRIAL magazine of the American Association for Justice and the New York Law Journal, and he speaks frequently for the New York State Bar Association, The National Trial Lawyers, PILMMA, Great Legal Marketing, and county and regional bar associations concerning law practice management, internet marketing for lawyers, referral-based marketing and trial skills.

 

49 – Malorie Peacock – Applying 2 Seasons of TLN to Your Law Practice

Trial Lawyer Nation is proud to celebrate 2 years of podcast episodes! In this Table Talk episode, Michael Cowen sits down for a conversation with his law partner Malorie Peacock for a discussion about the last two seasons, their favorite takeaways from guests, as well as how this show has helped them create their 2020 resolutions.

The episode begins with Michael asking Malorie what she’s learned from the show and how she has been able to use and apply this to her cases. She responds with “you have to choose the kind of lawyer that you’re going to be” as a theme which has come up several times throughout the show. Whether it’s how you formulate your case strategy, how you run your business, or the kind of lawyer you are going to be, the first step is to go after this goal.

But this isn’t always easy and can be a struggle, which leads to Michael sharing his struggles and how he has overcome them. The “salesman in me wants to close every deal,” Michael reveals when discussing case selection. He explains how hard it can be when “you see the dockets getting smaller you have trouble not freaking out” and shares why it is so important to remain disciplined and stick with your business plan. And while a smaller case docket may be a business model for his firm, Malorie brings the conversation full circle by pointing out how not every business model should be the same.

The conversation shifts to a discussion on which episodes discuss how to turn “a good case into a great case” where Michael shares his thoughts on how Randi McGinn’s book and her skills as a former journalist help her dig deep into the story of a case. Jude Basile is another guest Michael brings up as he shares how inspiring it was to have spoken with him and understand how Jude was able to find value (and an excellent case result!) in a case involving an addict at an addiction facility when other lawyers may have turned the case away.

Malorie points out some of her favorite episodes have been those of Sari de la Motte and Michael Leizerman who help explain why you need to “do the work on yourself as well as in your cases.” When defense counsel does something on a case to cause you to react and become distracted, Michael shares how Leizerman has helped him understand “the zen” of it all and why it’s important not to let the other side upset you and take your energy away from your case. He also brings up the quote “how can they be right and we still win” and how this simple statement from Joe Fried has been so powerful in his cases. Malorie and Michael also agree on and discuss how this mindset can be helpful in a case with degeneration, in both liability and damages.

Entering the confession spirit as the year ends, Malorie asks Michael what his strategies are for enforcing what he says he is going to do. He reveals the lesson he has learned when taking on cases which do not fit his business model. Describing a serious injury case involving a TBI not fitting his “case on wheels” business model, Michael shares the extra time spent looking up case law and standards versus with a trucking case where he immediately understands about 95% of the rules and sources to cite and can do so very quickly. “It’s efficiency,” Malorie adds.

The topic of efficiency transitions nicely to another theme in the show, which is how the brilliant attorneys who have been on the show “create and enforce systems” within their firm so they can do the work they need to do on their cases. If you don’t do this then you’re constantly putting out fires and distracted from the work you should be doing. This also applies to the reality of “you can’t be a lawyer 24/7” and leads to a meaningful discussion on having a work/life balance and how burn out can not only impact your personal life but also your cases and effectiveness in the office.

The podcast ends with Michael and Malorie discussing their 3 resolutions for 2020, which include Michael sharing his book deal with Trial Guides and his goal to continue writing, and Malorie sharing her idea on how she will be using the firm’s in-house graphic designer to work up her cases, which Michael describes as “brilliant” and “will scare the crap” out of defense attorneys.

An exciting piece of news shared on this episode is Michael’s commitment to hosting a Facebook Live session every month in the “Trial Lawyer Nation – Insider’s Circle” private group . If you haven’t already requested to join this group, we suggest you do so now in order to participate in the first Facebook Live in January 2020. The exact date will be shared on our podcast social media pages and also via email for those who are subscribed to our emails.

Thank you to everyone who has supported our show for the past 2 years. We look forward to sharing even more great shows with all of you in 2020 as we enter Season 3!

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