case selection

71 – Richard Newsome – Mixed Method Advocacy: A Hybrid Approach to Sharpen Your Trial Skills

In this Trial Lawyer Nation podcast, Michael sits down with his old friend and seasoned trial lawyer Richard aka Rich Newsome. Rich specializes in automotive product liability cases and is one of the top lawyers in this area in the country. They discuss Rich’s journey to success, his Trial School, the importance of young lawyers trying cases, how to move on and learn from a loss, and coping with fear and anxiety in the courtroom.

They begin the episode with Michael asking Rich about his journey to becoming one of the best automotive product liability plaintiff lawyers in the country. Rich explains how he began working in a federal prosecutor’s office right out of law school, then transitioned into working at a civil defense firm doing automotive product liability work. His transition into plaintiff’s work came after deposing a family in a particularly heartbreaking seat belt failure case. In that pivotal moment, he realized he needed to be working for the other side and representing people instead of massive corporations. He joined a small practitioner and began “knocking on doors” of other plaintiff lawyers to start trying product liability cases as their co-counsel.

Michael then brings up how automotive product liability is a tough field to get into on the plaintiff’s side, to which Rich whole-heartedly agrees. They discuss the difficulties of product liability cases and offer several recommendations for young lawyers looking to get into product liability including “getting plugged in” through AIEG, working for an experienced lawyer with the capital to try these notoriously expensive cases, and many more.

With the field being this tough and cases being so expensive to try, Michael asks Rich about his case selection process. He replies simply, “At the end of the day, you can’t try a product case for less than half a million dollars.” With that being said, the case needs to meet two guidelines: 1) There needs to be a catastrophic injury, and 2) there needs to be a clear fact pattern showing the plaintiff should not have sustained a catastrophic injury. He goes on to explain how even though “this whole area is fraught with mine fields,” the work is incredibly important for society in regards to policy changes and consumer safety.

Rich and Michael then discuss the importance of taking cases to trial and refusing to settle quietly, which leads them to every trial lawyer’s worst fear – taking a big case to trial and losing. They trade “war stories” of their most memorable losses which still haunt them to this day, but reflect on what they learned from those early losses and how they made them better trial lawyers. As Rich puts it, “When you take a big loss, it forces you to improve your game.”

Rich ultimately blames his biggest trial loss on picking a bad jury, which was surprising to him because he was following the voir dire method of some of the most successful trial lawyers in the country. This led him to get 30 of these great lawyers together for a 3-day focus group to try out different voir dire methods. They found that the most effective method was really a combination of a variety of methods, which is now known as “Mixed Method Advocacy.” Michael agrees and shares his experience of learning that one lawyer, no matter how great they are, does not have the ultimate answer of how to try a case. The real growth is in practicing and learning which methods work best for you, then being willing to constantly adapt and learn new things.

This discovery of Mixed Method Advocacy led Rich to start Trial School, a community of trial lawyers who freely share information for the betterment of the plaintiff bar. Trial School is free to join (yes, completely free), easy to access, and full of incredibly useful information for any trial lawyer.

The conversation then comes full circle to where Rich is today after applying the information he learned from those other great trial lawyers. He shares a story of a wrongful death case he tried in an extremely conservative county. He applied everything he had learned from both other lawyers and his own experiences, which resulted in the largest wrongful death verdict ever in that county. They dive into the details of the case and the numerous techniques he applied, which make this verdict even more impressive.

Michael then asks Rich about how he conquers the fear and anxiety associated with going to trial, a topic which Rich describes as “the great elephant in the room that nobody wants to talk about.” He admits to experiencing it and explains how it stunts your performance in the courtroom. He outlines numerous ways to cope with this including beta blockers, “batting practice,” and many more interesting strategies (even learning some from a hypnotist!). Rich feels so strongly about the need for better fear management in the legal industry that he’s dedicating Trial School’s spring program to the topic.

Michael continues on this point by sharing the strategies he’s learned over the years, to which Rich replies that Michael has a huge advantage over a lot of young lawyers due to his experience in the courtroom. Rich explains this by using an extremely helpful analogy about Nascar drivers which you need to hear to fully appreciate, but concludes with “I think one of the biggest solutions to fear is practice.”

They conclude the episode by discussing the need for young lawyers to get experience trying cases. While this can be a challenge, Michael insists that if you offer to try a firm’s small cases they’ll let you. He explains how if you get in there and lose a few times, you learn that you can survive a loss and gain invaluable confidence along the way.

If you’d like to join Trial School, visit www.trialschool.org to apply. You will need two plaintiff lawyer references and to fill out an affidavit stating you only represent people, but it is 100% free and an incredibly valuable resource to every trial lawyer, both young and seasoned.

This podcast also covers the “gifts” they were given throughout their careers, the importance of visuals in trial, the voir dire technique Rich used in his big verdict, avoiding dogma in trial techniques, and so much more.

Bio:

Rich Newsome is the senior partner of the Newsome Melton law firm and represents people and families in complex civil litigation.

After graduating from the University of Florida College of Law in 1989, Rich worked as a federal prosecutor for the U.S. Attorney’s Office in the Northern and Middle Districts of Florida. Rich left the U.S. Attorney’s Office in 1993 and went to work for a large product liability defense firm in Orlando, Florida where he represented manufacturers. After defending a manufacturer in a case brought by a family who lost a child, Rich felt compelled to leave the defense practice and began representing only families and individuals. Since then, for more than 25 years, Rich’s practice has focused on representing people who have suffered catastrophic or fatal injuries.

In 2001, Rich was appointed by the Florida Governor to the Fifth District Court of Appeals Judicial Nominating Commission and served as the JNC’s Chairman during his term. He is a Past-President of the Orlando Federal Bar Association, Past-President of the Florida Justice Association, Past-Member of the Board of Governors of the American Association for Justice, Past-President of the Central Florida Trial Lawyers Association, and is a member of the American Board of Trial Advocacy.

Rich is a graduate of the Gerry Spence Trial Lawyer’s College and was invited to serve as a member of the College Faculty. Rich is a member of the Florida, Texas, New Mexico, and Oregon Bar Associations.

In 2016, Rich was selected as the “Orlando Personal Injury Lawyer of the Year” by Best Lawyers, a peer review publication. In 2015, Rich received the Steven C. Sharpe Public Service Award from the American Association for Justice, in recognition of his representation of Corey Burdick who was severely injured by a defective Takata airbag. The Steven C. Sharpe Award is awarded annually to one attorney and their client.

In 2017, Rich was appointed to the Constitution Revision Commission by Richard Corcoran, the Speaker of Florida’s House of Representatives. The 37 member Commission drafted and submitted 32 amendments to the Florida Constitution which were placed on the ballot and approved by Florida voters to be part of the Florida Constitution in November 2018.

In 2019, Rich was recognized by the National Law Journal as having won two of the Nation’s 100 largest verdicts in 2018.

Rich is a member of the Summit Council, a national group of America’s best plaintiff trial lawyers. Membership is limited to less than thirty trial lawyers from across the country, is by invitation only, and is extended to lawyers who have a proven record of large jury verdicts and are recognized as leaders of the national plaintiffs bar.

Rich is a founding faculty member of Trial School, Inc., a not-for-profit organization which seeks to foster collaboration between lawyers on today’s best trial advocacy methods and to provide free education and practice for trial lawyers who exclusively represent people and families.

 

70 – Malorie Peacock – The Method: Our 9-Step Process for Evaluating & Working Up A Case

In this Trial Lawyer Nation podcast, Michael Cowen sits down with his law partner Malorie Peacock for an exciting preview of his upcoming Trial Guides book on trucking law. They’ll cover Michael’s 9-step method for case evaluation and detail each of those steps, so you can start applying them to your own case evaluation process.

They jump right into this episode with Step 1- initial triage. Michael explains how he derived the term from battlefield medicine, where patients are triaged based on the severity of their injuries and care is prioritized for the patients who need it most. He explains how trial lawyers only have a finite amount of resources, and the decision to put work into a case or not will effect more than just that case. It also takes those resources away from other cases and your personal life.

Michael then shares an example of how he used to work on automotive product liability cases, but his firm has since moved away from them. He has recently rejected five of these cases, even though they were all worthy cases someone will make money from. He chose to do this because these cases don’t fit in with his current docket, and there are other lawyers who will take them and excel at them because they do suit their dockets. Michael even sends his referral attorney to these other lawyers when the referral attorney brings him a case that he knows they will excel on – something that used to terrify him, but he’s since learned it builds an even stronger relationship between him and the referral attorney.

Before moving on to the next step, Michael clarifies that “Initial Triage” is NOT making a final decision on whether or not to accept the case. This step is simply deciding whether you want to look further into the case. In fact, Malorie clarifies that a lawsuit is typically not even filed until about Step 7 in this process.

Step 2 of “The Method” is to gather all the initially available information on the case. This information varies dramatically depending on the type of case it is, but the main goal of this step is to determine a general idea of the liability stories and issues with the case. Michael also explains the importance throughout this process of continually evaluating the case and asking, “Knowing what I know today, is this a case I would take?” If the answer is ever no, consider dropping the case. They conclude this step by discussing a recent example Malorie had of a case where the client was a great person and genuinely deserving, but the facts they discovered during this process made it a case that did not work on her docket.

Step 3 is to identify and analyze all potential immediate causes. Michael explains this as a brainstorming exercise where you record every possible immediate cause of the crash, even the causes that seem unlikely but are possible (for example, a bee in the vehicle). You then divide these potential causes into columns of “winners” and “losers.” Winners are causes which, if proven, help you win the case. Losers are causes which, if proven, mean you lose the case (or need to neutralize them).

After identifying the winners and losers in the case, you move on to Step 4 – conducting a root cause analysis. Michael explains how this concept was first developed by Mr. Toyota, the founder of Toyota Motor Company. Mr. Toyota decided that instead of fixing things when they went wrong, he would try to find the reason these things were going wrong by asking the “5 Why’s.”

To apply this to a case, you take the “winners” discussed in Step 3 and keep asking “Why?” until you find your ultimate root cause. Michael then shares an example from a rear-end case where he took the winner of “the truck driver rear-ended my client” and found “the company did not take the time or effort to train the driver” to be the root cause of the crash. He continues this process for every “winner” and develops multiple theories before he decides which theory he is going to use.

Malorie then re-emphasizes the fact that in an ideal world, you will not have filed the lawsuit yet at this point. They both agree there are times you need to file the lawsuit early to avoid any destroying of evidence, but if possible you should wait.

They move on to Step 5 – drafting the jury instructions. Michael shares how he used to feel doing this so early on was silly, but has since realized it really helps him design the case because he knows what he needs to prove. Malorie adds that doing this also better prepares you for depositions because you know what questions you need to be asking. She also emphasizes to not only look at liability instructions but also damage instructions. This all boils down to, “What do you have to prove?”

The next step in “The Method” is Step 6 – finding rules and anchors. These are authoritative sources for the rules, answering the question “says who?” Michael explains that this is one of the reasons he loves doing trucking cases, because there are so many rules and publications to use as anchors. The more sources that say a rule the better, because defendants are left with two choices: to say they know the rule and broke it, or to say they disagree with all those sources and have their own rule. Michael and Malorie then discuss numerous examples from different types of cases, showing that this method can be used on much more than trucking cases.

Malorie then asks Michael to clarify what an “anchor” is for those who don’t know. He explains an anchor as what you are “anchoring” your rules to. This is an authoritative source or publication of the rule, such as the CDL Manual, a driving company’s textbook, a store’s rules, an OSHA rule, and more. He then concludes this section by explaining how to arm your expert with these anchors to get the most out of their testimony.

Step 7 is to formulate the discovery plan. This is also where you draft the complaint or petition and plead what you need to get the discovery. For example, if you believe the root cause is negligent training, you need information to prove they have a negligent training system. Then, you formulate the discovery plan based on that. Michael cautions strongly against asking another lawyer for their interrogatories before drafting your own. You need to formulate your own based on your theories to prove what you need to prove. You can then use a form to double check and make sure you didn’t miss anything. Michael and Malorie then agree on a fantastic practice tip which makes this process a lot easier and discuss the importance of brainstorming with colleagues.

As discussed earlier, now is the ideal time to file the lawsuit. Then, step 8 is to continually re-evaluate the case. Malorie highlights the need to do this throughout each of the steps as well and to keep notes on what you’ve done so far to avoid repeating any unnecessary work. Michael then explains how as new facts, research, depositions, and discovery emerges, your initial root cause might not be the best strategy anymore and that’s okay. Malorie echoes this statement and adds that too many lawyers are afraid to ask for what they really want in discovery, and more lawyers should be specific and ask for specific documents referenced in other documents.

The above steps were mostly completed before you have all of the information about the case, which Michael cites to further emphasize the point that re-evaluation is key. He then shares some techniques he’s developed at his firm to ensure this gets done by all of his lawyers.

Michael and Malorie conclude the episode with the final step in “The Method”- test the case. Michael explains how the method of which you test the case varies depending on the value of it and lists a number of unconventional methods to do this on a budget. He then lists the advantages and disadvantages of other more conventional methods, including in-person focus groups and online studies like John Campbell’s Empirical Jury. While no method is 100% accurate, they can give you a good idea of where you stand.

This podcast also covers why you should file a FOIA request immediately, how implementing “vulnerability-based trust” by Patrick Lencioni has helped his firm, how to disprove or neutralize “losers” in a case, how Michael applies parts of this method to his employees, why you should research rules BEFORE hiring an expert, why you need to be constantly re-evaluating your case, and so much more.

56 – Marc Whitehead – Build Your Lifestyle Law Firm: Optimizing Your Practice, Strategy, & Mindset

In this Trial Lawyer Nation podcast, Michael sits down with disability attorney and business coach Marc Whitehead. The two discuss disability law, running a firm using systems, marketing strategies, case selection, building a great team, finding opportunity in chaos, and how to run a “lifestyle law firm” that works for you.

Michael and Marc begin by discussing disability law, which Marc defines as representing disabled workers and veterans for disability benefit claims. Marc began as a PI lawyer and decided to make the switch to disability law after referring out a lot of disability cases. He realized how much he enjoyed disability law and stopped taking PI cases altogether. Marc’s “5-Star” cases are disability insurance claims for dentists and doctors, but he notes how veterans seeking retroactive benefits can be very lucrative as well. He also refers to social security claims as his “bread and butter” because of their quantity. And he encourages personal injury lawyers to be mindful of clients who will have continued medical issues, as those clients may have a disability case and need additional legal help. Marc sums up his goals in disability law by stating, “If you haven’t been hugged by your client this week, you’re not doing your job.”

The conversation then shifts its focus to business management and running a law firm, which Marc coaches other lawyers on. Marc shares a story sure to resonate with many young lawyers, describing a cycle of winning a large verdict, then going broke again three months later. After stepping back and evaluating his business, he decided “The practice should serve me, I shouldn’t be serving the practice.”  Marc believes you have a duty to yourself and your clients to be profitable so you can do your best work for them.

On the note of profitability, Michael asks Marc what he did to make his firm profitable. Marc emphasizes the importance of time management, which he refers to as “focus management.” Marc chooses to live in his calendar instead of living in his inbox, which lets him dictate his own day instead of “constantly putting out fires.” Doing this allows you to focus your productivity and prioritize the best use of your time as a business owner.

Marc then shares his experience of learning to delegate tasks to other people. While Michael and Marc both agree this can be difficult at times, Marc insists learning to do this will allow you to spend your time where it’s most valuable. Marc practices delegation in his firm by developing checklists and flow charts for every task. This implements consistency throughout his firm and allows Marc to spend his time where it adds the most value.

Besides his law firm management and coaching prowess, Marc is well-known for his newsletter “The Successful Barrister.” Marc’s strategy is not to advertise his firm or bore lawyers with updates on disability law. Instead, he aims to provide a funny (he and his lawyers are shown as caricatures), informative resource lawyers will actually read and enjoy. Marc sends the newsletter to a list of 4,000 lawyers and has found great success in this, which leads Michael to share his experience sending a magazine to 1,600 lawyers and the challenge of accurately identifying its ROI. Michael and Marc discuss other successful marketing strategies and how to tailor your marketing approach to a high-volume firm vs. a “high-end, niche” firm.

Choosing to accept or reject a case is a complicated process. Marc has streamlined this process by establishing a separate intake department and removing lawyers and paralegals from the process. This intake team uses a set of checklists and flow charts to determine acceptance or denial of most cases, so Marc only has his hand in dictating the most difficult decisions. Michael agrees with this strategy and finds if he is involved in all the decisions, he will take on cases he shouldn’t because he knows he could find a way to win the case. Upon more reflection, Michael has found accepting these cases leads to unhappy clients and disappointed referral partners. Marc and Michael discuss letting go of the “hero mentality” and not accepting every case they could win. Marc now only accepts strong cases which work with his systems and workflow and refers out many winnable cases to other attorneys. Michael agrees with this strategy, saying, “All the time you’re working on that case, you’re not working on another case where you could add real value.”

Michael then asks Marc how he manages time between running a practice and coaching. Marc describes how he’s built a high-quality team to run his systems, which grants him the time to focus on marketing the firm and coaching. To build this team, Marc invests money into his hiring process. He utilizes an extensive interview process and two personality tests – the DISC Assessment and the Hiring MRI. While searching for the perfect candidate, Marc uses temp agencies to fill the vacant positions and strongly believes in the “hire slow and fire fast” mentality. Even though temps will cost him more money in the short term, Marc says it’s worth it to find the right candidate in the long run.

This transitions Michael and Marc into a discussion of COVID-19 adaptation. While many firms are laying off employees, this gives other law firms an excellent opportunity to hire previously unavailable, top talent. Marc describes COVID-19 as a great pressure test for your firm’s systems.  This will expose any weaknesses and allow you to fix systems that are not working. And he firmly believes, “Where there’s chaos, there’s opportunity.”

Marc has put together numerous resources for business and marketing in a way that builds a law firm that serves your life. He offers all of them for free because, as stated so many times on Trial Lawyer Nation, “A rising tide lifts all boats.” To receive a free copy of Marc’s marketing plan template or subscribe to “The Successful Barrister,” email him at marc@marcwhitehead.com.

This podcast also covers case management software, the differences between a high-volume firm and a niche firm, running a more efficient intake department, book writing, and so much more.

 

ABOUT THE GUEST

Marc Whitehead is double board certified in both Personal Injury Trial Law and Social Security Disability Law.  He dedicates his practice to disability law, specializing in long-term disability insurance denials, Social Security Disability and Veterans Disability.  He has authored multiple books on the topic of disability benefit claims and litigation.  Based in Houston, Texas, Marc runs a national practice and has successfully litigated disability claims in 44 states and counting plus Puerto Rico.

Marc is the editor and publisher of the bi-monthly newsletter, “The Successful Barrister–Marketing, Management & Life Skills that Probably Won’t Get You Disbarred.” Marc is an adjunct practice advisor for Atticus, through which he advises and coaches other lawyers on running successful practices.

Mr. Whitehead is a past president of the Houston Trial Lawyers Association (HTLA), and a member of the Board of Directors of the Texas Trial Lawyers Association (TTLA). He is actively involved in the American Association for Justice (AAJ) where he was a past chair of the Insurance Law Section. He was also a member of AAJ’s Marketing and Practice Development Committee among many others. Mr. Whitehead generously donates to AAJ as a PAC Eagle and his firm is an AAJ Leaders Forum member.

 

52 – Karonnie Truzy – Iron Sharpens Iron: How Practicing in a Tough Jurisdiction Makes You A Better Lawyer

In this Trial Lawyer Nation podcast, Michael Cowen sits down with attorney Karonnie Truzy from North Carolina. This show covers everything from contributory negligence, to gross negligence, making your case about the company, 1983 civil rights cases, and the simple things attorneys can do to help with diversity and inclusion in our industry.

The conversation starts with a discussion on how to maintain a work-life balance, as it is certainly a big issue for the legal industry. Simply put Karonnie believes, “people make time for things that are important to them.” He shares how hard his paralegals work to make sure travel takes place in the middle of the week so on weekends he can be with his family. His law firm is also supportive and will proactively tell him to take some personal time when he’s spent long hours at the office (a rarity you hear about at big firms). And he shares a great example of their care for him when he injured his Achilles last year.

Contributory negligence is the next topic discussed and an important one. North Carolina is 1 of 4 states with contributory negligence, essentially stating if you are found to be ANY percent at fault and responsible in ANY way for your injury you cannot recover damages. It is a complete bar, which is different from other states with a comparative negligence between the plaintiff and defendant. “Wow. So how do you deal with that?” Michael asks (clearly the same thought on everyone’s mind). It starts by accepting cases on a case by case basis. But it’s also incredibly important to do a lot of investigation work at the very beginning from talking with witnesses and law enforcement, to gathering video evidence. And while contributory negligence is difficult Karonnie also discusses “last clear chance” and “gross negligence” as ways to get around it.

Michael and Karonnie then discuss what can be done to make a case about a company and not just the driver in order to make it a bigger case. To begin Karonnie shares why it is important to have everything you need in discovery from employee handbooks to training materials. JJ Keller is often referenced, so Michael adds why these materials can be useful to plaintiff attorneys by giving an example of how his law partner Malorie Peacock is using the JJ Keller training to learn what the rules are and what people should be trained on for a unique explosion case. Karonnie then explains how he organizes his depositions and uses 30(b)(6) to know he is deposing the right people in the case (30(b)(6) is discussed in detail in episode 30 with Mark Kosieradzki).

Karonnie also handles 1983 civil rights cases, which leads to a discussion of qualified immunity with police officers. You’re usually not the attorney riding in on a white horse and most jurors already believe your client did something wrong. So how do you handle juror perception? In most cases like this the police department will hold a press conference and news stories will be shared, so Karonnie will use this footage to ask whomever made those statements “was this truthful, was this actually what happened?” He does this in front of the jury, so they can see how these statements before a proper investigation can skew their perception because the information was inaccurate. The same inaccurate information also aids in mean comments on media articles, which Karonnie purposely does not read. However, the conversation comes full circle when Michael shares he reads those mean comments to learn about hurdles he has on a case and Karonnie states he does this with focus groups whether it’s a civil rights case or a trucking case.

Explaining the dynamic of a family after they lose a loved one is critical in our industry. But sometimes we as attorneys have to explain to a jury why the value of life is the same no matter who it is. If our client was not the perfect person and lost their life, “we take away the opportunity for redemption” Michael poetically states. Karonnie responds with a heartfelt example of a case where in deposition the daughter of a deceased client describes why she is upset about the loss of her father when her relationship with him was not great. It’s a story that will undoubtedly resonate with everyone and may bring some to tears as they realize just how precious every day is in life.

The topic of “diversity and inclusion” is often discussed in the legal industry. Karonnie recently finished his 3 year role as Chief Diversity Officer for the North Carolina Advocates for Justice and shares how this role was created to work to on this issue. But change doesn’t just happen, it has to be real and not “just words on a paper” he explains. Michael shares his simple, yet effective, way of simply inviting new people to join a group. This leads Karonnie to describe the impact cliques can have within an organization, or when attending a CLE, and why it’s important for attorneys to realize when this happens you leave people out and it can create a problem. It’s a truly honest and open conversation on what can sometimes be an uncomfortable topic to discuss.

This podcast also covers sudden emergency defense, how the AAJ Trucking Litigation Group helps with industry standards, using the commercial driver’s license manual to show what is reasonable in adverse weather conditions, and so much more.

 

ABOUT THE GUEST

Karonnie Truzy is a North Carolina attorney where he practices as a Partner with the law firm of Crumley Roberts, LLP. Karonnie has been licensed to practice in the state of North Carolina since 2001 in both state and federal courts and he concentrates his practice on handling
complex injury cases, commercial motor vehicle cases, and wrongful death claims throughout the state of North Carolina in Federal and State Court. Karonnie earned an undergraduate degree from the University of South Carolina at Spartanburg (Upstate) where he played basketball and further earned his Juris Doctorate from the Wake Forest University School of Law. He is dedicated to providing quality legal representation to each of his clients has helped his clients obtain successful results throughout North Carolina.

 

Karonnie is an accomplished attorney and has received a 10/10 Superb AVVO rating. He is listed in the Best Lawyers publication and serves on various boards on legal associations in North Carolina. Karonnie has most recently served as the Chief Diversity officer for the North Carolina Advocates for Justice, the state’s largest Plaintiff’s bar. Karonnie has a passion for the practice of law but more importantly providing legal guidance to clients in need of assistance.

 

Karonnie is actively involved in his community and church. In his free time, he enjoys spending time with his family, working within his church, basketball and more basketball! Karonnie is married and has one daughter and twin boys.

 

Education

• Wake Forest University School of law, Juris Doctorate, 2001

Order of the Barristers for Excellence in Trial Advocacy

• University of South Carolina Spartanburg, B.S., 1998

Professional Affiliations
North Carolina Bar Association
United States District Court for the Eastern, Western, and Middle Districts of North Carolina
United States Court of Appeals for the Fourth Circuit
American Association for Justice
Academy of Truck Accident Attorneys
North Carolina Advocates for Justice

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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