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Episode

106 – Malorie Peacock – The Only Constant: Overcoming Change

By Michael Cowen — 1 year ago

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his law partner Malorie Peacock for her first episode since coming back from maternity leave to have a fitting conversation about change. They’ll take a look at different types of changes, including personal, business, law, and intentional ones, and discuss how to embrace them instead of being overwhelmed by them.

Starting with personal change, Michael asks Malorie how she dealt with the change of not working during her 3-month maternity leave. She shares how at first, she was a zombie (which I’m sure all parents listening can relate to), but once she and her husband got into a routine, she found it hard not to check in on her cases. And while she enjoyed her leave, she’s happy to be back doing the job she loves again, and Michael is also glad to have her back.

Michael then shares his experience of taking over the housework while his wife stays in the guest house with Covid. He had a referring attorney call him when he was trying to help his wife and sons, but he had to ask the attorney to call back tomorrow. He was nervous the attorney would take his business somewhere else, but after their discussion the next morning he realized everything would be fine. Malorie poignantly shares that the fear and anxiety we have about change is usually worse than what actually happens.

Continuing with business change, Michael reflects on his law firm growing and the inevitable turnover that comes with growth. He’s found that no matter how much effort you put into making your law firm a good place to work, there are other factors that can cause people to leave. Malorie agrees, adding that it’s just not realistic to expect everyone at the firm to stay forever. And when someone does leave, even those you thought would be with you their entire career, having the right attitude is the key to moving forward effectively.

Michael continues this topic by mentioning the book “No B.S. Ruthless Management of Profits and People,” assuring listeners that the title makes it sound worse than it is. There’s a section of the book which discusses the employee-employer relationship, saying you need to be realistic about that relationship and how people see you. At the end of the day, this is just a job for them.  Malorie agrees and adds that psychologically, it’s a good thing if your employees expect to be treated well. It means they perceive themselves as people who work hard and are committed.

Michael then shares how he copes with drastic changes. He takes a 12-24 hour “mourning” period where he lets himself feel it and vents to someone trusted. After that’s done, his focus moves to how they can make it even better than it was before. Could the systems for that position be improved? Do you need to re-think how you structure the position completely? These are all questions you should be asking yourself for each employee turnover.

Moving on to changes in the law, Michael reflects on when he first became a lawyer, and they took the money out of workers’ compensation cases in the state of Texas. Then came the medical malpractice caps and other tort reform policies. Each time, there were lawyers who refused to change and faced serious financial struggles, and there were lawyers who got creative and found ways to adapt- sometimes resulting in them being better off than before the “bad” change. Malorie wholeheartedly agrees and adds that finding a group of lawyer friends to brainstorm with has been very helpful for her in these situations.

As Michael and Malorie begin to wrap up the episode, Michael praises Malorie for her positivity in the face of change and her ability to be creative and look for solutions. It’s something she partially credits to her natural personality, but she also makes a conscious effort to find something good about the change (even when it’s mostly bad) or take the time to think about all the good things in her life. It helps assure her that the world won’t end, and this positive outlook rubs off on those around her. Michael then shares his journey to having a positive outlook on change, and the two of them exchange a heartfelt moment of exchanges with their children that resonate with each of them.

The episode ends with a reminder to register for Cowen’s Big Rig Boot Camp as soon as possible. In-person seats are already full, but you can get on the waitlist or register virtually here! We’d love to see you there.

This episode also covers why “1” is the most dangerous number of anything, why you should avoid negative people, how to overcome some recent bad case law in Texas, and much more.

 

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Episode

86 – Joe Fried – Challenging Your Paradigm

By Michael Cowen — 2 years ago

In this episode of the Trial Lawyer Nation podcast, Michael sits down with our first podcast guest, Joe Fried of Fried Goldberg LLC in Atlanta, GA, and The Truck Accident Law Firm in Jacksonville, FL. He and Michael discuss everything from challenging your paradigm and evaluating your relationship with money, to utilizing curiosity, skepticism, honesty, and vulnerability in the courtroom.

Michael and Joe jump right into the episode by discussing Joe’s incredible set of case settlements in 2020. Michael opens by asking how Joe managed to get more money on these settlements where others with similar case facts have received less. The two share a laugh with Joe’s response of, “Well, if I can just figure that out Michael,” before getting to his thoughts. Joe attributes his “big change” to challenging his valuation paradigms. He talks about self-justifying why he wasn’t getting the results he wanted, citing such instances as venues, blemishes on cases and insurance situations, and then discovering this was feeding own limiting beliefs. Joe elaborates on this by delving into where his beliefs formed.

  • Law schools neglecting to teach how to value a case.
  • Basing value on our venue or mentor paradigms.
  • Blind adherence to insurance companies’ value.

He began questioning these beliefs and was struck by the realization that he had bought into a paradigm that was NOT of his own making and never challenged it. He says this is the beginning of what needs to be talked about and where we need to challenge why we believe what we believe.

“What’s the value of a death case? What’s the value of a broken arm case? Who said that’s the value, and WHY do they get to say it? Step #1 needs to be to challenge your own paradigm.” – Joe Fried

Joe elaborates by saying he doesn’t like asking for money, not even for a fundraiser, and especially not in front of a jury. He talks about the “money messages” he received growing up from ‘you shouldn’t talk about money’ to ‘it’s rude to talk about money’, and how he examined these things for the first time. He explains how he’s still on the journey and tries to look at these beliefs with a fresh perspective.

“If it’s real that our client is going through something that causes them pain every day
 if that’s REAL, shouldn’t it be huge?” – Joe Fried

Joe then brings up a very insightful question concerning case value, so it makes the case real and personal. “What would I think the value is if what happened happened to the person I love most in the world. If it’s worth that for my loved one, then shouldn’t it be worth that for the client? Why should it be different?”

Michael follows up on this by asking Joe to talk about how he learns what his clients have gone through well enough to internalize and analyze. “It’s really hard to do that from behind your desk,” Joe responds. He elaborates by stating why you have to get into the client’s life and “really look around.” Interacting with the client, their loved ones, and even their not-so-loved ones can provide tremendous insight into their lives.

Joe talks then about case preparation and discovery being a journey, and more specifically, getting to a place where he’s able to take the jurors on this journey. He believes we should welcome juror’s skepticism because, if we’re being honest with ourselves, they’re probably the same feelings we had in the beginning. Joe believes these skepticisms are all opportunities to build credibility and should be embraced. He calls for us to be honest with ourselves and to bring our natural curiosity and skepticism to the table, which he aptly calls “channeling the jurors.”

“[You’ve got to do] whatever you’ve got to do to make it real, but the person who needs convincing is YOU.” – Joe Fried

Michael and Joe then move on to the importance of “feeling it” and communicating non-verbally over being “word-centric.” Joe comments how the struggle to find words to express what’s there is an art in itself. He then calls back to the journey of the case by saying part of that journey is translating these things to dollars and cents. He recommends believing in the value of your case and to practice saying your number; and not cowering in fear when confronted with the juror’s reactions. He believes this to be a necessary and “woefully underutilized” skillset.

Michael then shares his own relationship with money. He opens up about how he thought he was undeserving of money, money in this business was “dirty,” and how this belief led him to resist running his firm like a business. Luckily, by realizing this mindset and relationship with money were unhealthy, he was able to work on himself, get out of his own way, achieve success, and enjoy the success he attained.

“The credibility that comes from willing to be vulnerable and honest is DRAMATIC.” – Joe Fried

Switching gears, the two discuss working up cases; following up on a conversion they had when Joe came to San Antonio for a deposition. During that conversation, Michael asked if Joe was doing a trial depo or a discovery depo, to which Joe responded, “there’s no difference to me.” Joe explains there have only been a few times he has taken a depo he knew would go to trial. He believes if he’s going to maximize the result in a case, he’s only going to maximize the result in terms of settlement if he does his best to nail the other side in depositions.

The pair then move on to discussing motivation. Joe says that what keeps him motivated is finally feeling like he’s a good lawyer and can make a difference. He’s interested in seeing the success of his partners and associates, teaching other trial lawyers, and being involved on the industry on the safety side. He makes it a point to be able to teach others and challenges listeners to look for ways that go beyond monetary in cases to affect change through policy and procedures that will save lives.

Michael shares how he always feels guilt when settling a death case and reveals how getting a safety change made one of his clients feel better because it went beyond money. Joe builds on this by adding that his firm often contributes very directly to solutions at the settlement table. He welcomes everyone to consider the level of change and safety that could be attained if everyone contributed in this way on at least one case and closes with two challenges:

  • Take a sledgehammer to your limiting beliefs and examine your paradigm
  • We all have a duty to make a difference for the good of humanity

Michael chimes in with a third challenge to take care of yourself as a trial lawyer, and cites Joe’s 537-day streak on the Peloton as an inspiration. Joe responds by looking back on his 30-year career and how he went from an “athlete” to “anything-but-an-athlete” which affected his health. “[My motivator] was a life or death motivator,” Joe says while talking about his poor health during trying times. He cites the book “Atomic Habits” by James Clear as defining how small changes over time lead to massive change in your mindset. Joe says that his renewed energy from his consistent and improved habits have positively impacted his practice and motivation.

Michael and Joe end the episode by recapping their three challenges to the listeners:

  • Change the way you think about cases and expand your mind
  • Change the industry and make the world safer in your cases
  • Take care of yourself while doing it

If you’d like to contact Joe Fried you can email him at joe@friedgoldberg.com.

Guest Bio

Joe Fried is considered by many to be the preeminent truck accident attorney in the country.  His office is in Atlanta, Georgia, but he has handled cases in over 35 states recovering more than $1 billion for his clients.  He is the Founder of the Academy of Truck Accident Attorneys, former Chair of the American Association of Justice Truck Litigation Group, former President of the National Trial Lawyers Trucking Trial Lawyers and founding Chair of the National Board of Truck Accident Lawyers.  He is among the first lawyers to be Board Certified by the National Board of Trial Advocacy in Truck Accident Law and sits on the NBTA Board.  In addition to his expertise in trucking, Joe is a former police officer with advanced training in crash investigation and reconstruction, human factors, psychodrama, storytelling and neurolinguistic programming.   He is widely known for his creative and unique approaches to preparing and presenting cases and for his ability to craft and present the compelling human story in each of his cases.  Joe handles a small number catastrophic truck crash cases at a time so he can focus his resources on achieving the best possible results for his clients.  He spends the rest of his time working as a trucking safety advocate, author and educator. Joe has authored books, DVDs and articles on trucking and litigation best practices, and has Joe given over 600 presentations on these subjects to lawyers, judges, and trucking industry stakeholders.