Communication

82 – Malorie Peacock – Working Through Others: Building a High-Performing Team

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his partner Malorie Peacock to discuss the art of managing your team and “working through others.” They cover effective delegation, hiring for experience vs. hiring for attitude, and how lawyers can be leaders to their teams.

Michael and Malorie kick off the episode with a look at delegating tasks to your team effectively, which is easier said than done when the team member has to do the work to your standards. Malorie starts by sharing her thought process when she wants to delegate a task. She first asks herself if this is something she could expect someone else to do in a way she approves of. If it is, she gives clear instructions and deadlines for when the task should be completed. Lastly, she makes a point to be available and open to answering any questions the team member may have about the task.

Michael then brings up a common pitfall for attorneys attempting to delegate tasks – if it’s not done right, he tends to just fix the errors instead of explaining the issues to the team member. Malorie cautions against doing this and outlines the perfect strategy for situations where the work needs to be fixed ASAP, but the team member needs to be taught the correct way for next time.

The conversation then transitions to a look at hiring and training – specifically for a paralegal position. Malorie shares how both of her paralegals started with the firm as receptionists with no legal experience. They were both trained up to the paralegal role which required a lot of work up front, but the benefit to this was they didn’t have any “bad habits.” Michael agrees that he prefers to train someone up from within, so they learn to do the job the way he wants them to, but not every lawyer agrees with this approach. They continue to discuss the pros and cons of hiring someone with experience vs. without experience, to which Malorie concludes it’s really about their ability to perform their main role of assisting the attorney.

After an insightful look at what the attorney can do to ensure their assistant is successful, they begin to discuss what lawyers can do to be leaders to their teams. Malorie reflects on the true meaning of being a leader and insists it all goes back to trust. Your team should trust you enough to tell you when they messed up, or when they need help with something.

Michael continues this line of thought with the necessity of having uncomfortable conversations about issues BEFORE they become a crisis. He recently had the opportunity to meet with Texas A&M football coach Jimbo Fisher, who is notoriously tough on his players. When Michael asked how he holds his players to such high standards, Jimbo highlighted the need for clear expectations, consistency, and for the team to believe that you hold them to those high expectations because you genuinely care about them. In order to have those necessary uncomfortable conversations, you need buy-in and trust from your team members, so they know you’re coaching them up and not putting them down.

Michael and Malorie then discuss how they communicate with their staff to lift them up. They share a variety of techniques that have worked for them, including not creating emergencies, overcommunicating, being willing to do parts of the paralegal’s job, and numerous strategies to show employee appreciation. One thing Michael has always done and will continue to do is invest in his staff’s education. He does this through weekly internal trainings and paying for his staff attend legal seminars like the annual ATAA symposium. Even the act of spending money on their hotels shows them they are valued and appreciated, and “if you buy-in, we’ll have your back.”

This leads Michael and Malorie to discuss the importance of having your team’s back. This doesn’t mean that you sweep issues under the rug- but it does mean you don’t bad mouth your team members to other people, especially to people outside of your team.

They end the episode with a discussion about managing anger and frustration, something many attorneys struggle with. Michael and Malorie both agree when someone does something wrong and it makes you upset, you need to wait until you’ve calmed down to have a conversation with them about it. Malorie finds it helpful to vent to a trusted person about what happened to let off steam, while Michael likes to take his own time to cool off. It comes down to what works best for you, so you can have a productive conversation without bringing the whole team down.

Attorney leadership, while easier said than done, is vital to the success of any law firm. This is why Michael and his firm will be dedicating the second half of 2021 to developing their attorneys into strong leaders. If this topic interests you, stay tuned for a follow-up episode later this year!

This podcast also covers why the “perfect assistant” doesn’t exist, praising your team members, why you need to avoid unrealistic expectations, Michael’s favorite strategies for building employee buy-in, and so much more.

73 – Pat S. Montes – The Secret Weapon: Your Client’s Story & The Human Experience

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his good friend and “secret weapon,” Pat S. Montes. A practicing lawyer herself, Pat has developed a consulting business where she works with lawyers and their clients to help the clients tell their stories more effectively.  They’ll take an in-depth look at her process for depo and trial prep and why it is so effective (and healing) for clients to tell their whole story.

They begin by looking at Pat’s background and how she got into her consulting business.  A proud Mexican American and one of six siblings, she explains how her upbringing was hugely influential to her and played a substantial role in her success. She goes on to share how she attended the Trial Lawyers College in 2002 where she realized then that she didn’t really know her clients or their voices. She began a long journey of research and self-discovery, attending countless seminars on psychodrama and storytelling. While Pat does not do psychodrama herself, she utilizes many of the same techniques in her practice. She focuses on getting beyond the client’s outer layer to their inner layer, so they can show the jury what’s really going on inside them.

Pat continues by explaining what psychodrama is, which she simply defines as “finding truth in action.” In this process typically used for group psychotherapy, the “star” (the client) acts out scenes and stories from their life while the present group connects with that experience. In relation to the legal practice and our clients, it is a way of being able to connect with other humans and other human experiences and “finding the truth in the story.” Pat uses role reversal, teaches the clients how to “concretize” their feelings, and more to help them translate their feelings into a story for the jury.

They move on to dig into Pat’s process for preparing the lawyer and their client for deposition. Michael begins this section by asking Pat how she discovered that putting something into action helps the client describe it better. She shares how this process gets the client convicted about how they feel and always begins by asking about the effect of the crash on the client’s life. Their immediate answer to this first question reveals a lot about who they are and how they’ve processed this life-changing event. She will then dig deeper into that answer to uncover the “whole truth,” a process which Michael has seen Pat do with his clients many times and strongly believes is incredibly important to the case, cathartic for the client, and vital for the lawyer to fully understand their client. Michael also notes the importance of the client being completely honest with the jury, because “juries have great bullshit detectors” and will punish you if they sense you’re being dishonest.

Pat will then dig into the client’s “before,” something she thinks is crucial for the client to be able to explain vividly to the jury, saying “If the jury can feel the before, then the jury can feel the loss.” She goes on to say that it’s perfectly fine if the client’s “before” was less than perfect. For example, if the client was in a transition phase before the crash, the last thing they needed was a life-altering injury.

Another important part of Pat’s process is teaching the client how to describe their pain and how it makes them feel. This not only helps them explain it vividly to the jury, but it can even uncover injuries and ailments that have been unnoticed by doctors. She then explains how the lawyer should model this to the client by first describing a recent pain they’ve had. She provides her own example of dealing with Sciatica in such detail that listeners are sure to feel the exact sensation of her pain as she says it.

While this process is meant to build trust and understanding between the lawyer and their client, it also serves to prepare the client to bare the burden of proof for the jury. Many clients initially believe they shouldn’t have to prove anything, or that their story speaks for itself. But Pat will constantly remind the client of how what they say looks to a jury. For example, if the client doesn’t remember the date of the accident, that could appear incongruent with their assertation that “the crash was devastating.”

To help the client go into their deposition feeling emboldened or proud, Pat employs a number of insightful techniques. One example she gives even uses the client’s sense of smell to bring them into their “safe place” which has a number of useful applications in the courtroom and in life. This also makes their story more engaging to the jury and helps the lawyer connect with the emotions they felt in that moment.

Pat then notes the importance of the client describing the joy that their past activities brought to their life. For example, when she asks most clients about their past job, they’ll talk about how it brought them respect and made them feel fulfilled. They typically don’t even mention the money! And when we talk about what these things meant to the client’s life, Pat says that’s where we get the anguish and the “struggles.”

This leads Michael to ask her to explain more about “struggles” and what she means by that. Pat provides a common example of a client saying, “I can’t even walk,” when in reality they can. Many lawyers shut off at hearing this because they think the client is overexaggerating or overly complaining. But while they can walk, they are doing so in a lot of pain. She then makes it clear to the client that they shouldn’t diminish anything, but they should not exaggerate anything.

Michael also adds that when clients are overstating, they’re often scared that if they don’t exaggerate, nobody will listen to them. This is why trust between the lawyer and the client is key, and Michael credits Pat for helping build many of his most trusting relationships with clients. He poetically adds, “Even if it’s not the perfect story, the truth is so powerful in the courtroom.” Pat agrees and adds that the less you have, the more you lose. So even if the client’s “before” story is filled with missteps, it’s vital to tell the whole truth to the jury.

They move on to discuss an insightful way to find the best witnesses for the client. Part of this process is the client acting out scenes from their life, which inherently reveals some people in their life that were there for those moments. Usually, they’re not anybody who the client would list unprompted, but end up being the perfect person to attest to the client’s loss.  As Pat puts it, “It’s who knows your character, not who can speak to it.”

While most of this episode has been about Pat’s depo prep process, she and Michael briefly move on to discuss her trial prep process. This involves setting up a mock jury and having everybody rotate positions to be the jury, the defense lawyer, and the client. This prepares the client for the scrutiny of the defense and the jury, giving them the confidence they need to survive the brutal attacks that can happen in the courtroom. They’ll also cover things like eye contact, what a juror needs, practicing a direct, practicing a cross examination, and more. Between this and the depo prep described in this episode, the client will come out prepared, trusting, and sometimes even “healed” from their emotional wounds.

If you’d like to contact Pat Montes about consulting on a case, you can email her at patmontes@monteslaw.com. She is fluent in both English and Spanish. Michael hesitates to say this because he’s nervous about her getting booked up, but in the spirit of truthfulness, he highly recommends working with Pat to develop your clients’ trust and storytelling skills.

This podcast also covers how long this process takes, going to trial without medical bills, why you should ask your clients who influenced them to be the person they are, why the connection you share with your client should be your voir dire question, how acting out a scene can help clients understand the mechanics of their injury, how lawyers can learn more about this process, why the lawyer needs to be present for this to work, why the plaintiff lawyer should NEVER play the defense lawyer in a role play scenario, why this process feels like therapy, and so much more.

 

69 – David Koechner – Hit Your WHAMMY! The Power of Storytelling

In this Trial Lawyer Nation podcast, Michael Cowen and his Director of Marketing and Business Development Delisi Friday are joined by a VERY unique guest – David Koechner! David is a Hollywood actor and comedian who has starred in over 190 films and TV shows. He is best known for his roles as Todd Packer from “The Office” and Champ Kind from “Anchorman” and “Anchorman 2.” You may be wondering how David has any connection to attorneys, but we assure you this episode is full of timely advice for trial lawyers and is just what we need to hear right now. The trio will discuss David’s path to success and his advice for presenting to an audience (think: the jury) both in person and through a screen.

The episode begins with Michael briefly explaining the premise of this special episode. He explains how David comes from the TV/film world, and lawyers are now having to adjust from a live audience to an audience through Zoom. He shares how he’s excited to “learn how to communicate with other human beings through a screen,” or a jury spread out across a stadium or convention center for socially distant in-person trials.

Michael then asks David about his background and how he got into acting. David shares how he grew up in a small town in Missouri and began working for his father’s turkey coop manufacturing business at the age of 7, something he says instilled a strong work ethic in him from a young age. Being from a small town, David had no idea acting was a possibility for him having never met an actor himself. So, he decided to attend college with a political science major where he realized in his third year that “To be in politics, you either need to come from a political family, you’re incredibly wealthy, or you’re the smartest person in any room you walk into. I was none of those things.” He then dropped out of college and worked three jobs until he visited Chicago to attend a “Second City” performance and realized, “This is it. This is what I’m going to do.”

From that moment on, David spent the next 9 years on stage at least 4 nights a week, putting in his “10,000 hours” and citing the book Outliers by Malcolm Gladwell until he made it onto Saturday Night Live. Michael aptly compares this to up-and- coming trial lawyers – you have to try a lot of small cases before you get a shot at the big ones. They follow with an insightful discussion of the role of “luck” in being successful, which David believes is “really about hard work, isn’t it?”

They then move onto the topic on everybody’s mind right now – How do you effectively communicate with a jury when you’re either wearing a mask or limited to a screen? David recognizes the challenges of doing so, but emphasizes that the most important thing is always your connection to the story. He believes that is the compelling part of any presentation – whether in the courtroom or through a TV screen.

David continues with his recommendations for preparing to present while wearing a face mask. He suggests that lawyers preparing for an in-person trial in the COVID era start observing other people wearing face masks wherever they go. He explains how you can easily tell if someone is calm and purposeful, or agitated by looking at their body language.

Delisi then explains that Michael is going to be conducting voir dire in a football stadium in his upcoming trial. She asks David for advice on how to use your body in a venue that big to make everybody feel included. David suggests that Michael purposefully look at every single person he’s addressing, think about where his words will land, and pace around as he speaks so everyone feels included in the conversation. He also shares a very insightful strategy he uses when preparing for a show in a new venue, which will be helpful to every lawyer listening in future trials and other presentation preparation.

Michael then inquires as to how actors make the audience believe they’re reciting something for the first time when it’s actually been scripted and rehearsed countless times. David astutely replies – “I think that’s the point – rehearse.” He continues by explaining that if he has his lines completely down, he’s fully present and available because he’s not searching for his lines. This gives him (and every actor) the opportunity for “discovery” in a scene, where he is fully engaged with his scene partners and able to truly listen and react honestly to what they say. And it results in successful improv when he films with his comedy peers, like Will Ferrell and Steve Carell.

A brief discussion of the importance of letting silence sink in leads to a very interesting conversation about trusting your audience. Michael shares his experience of switching his mentality of “I need to say everything I have to say” to “It’s not about what I have to say, it’s about being heard,” and with that transition learning to trust the jury more and focus on telling the story, not on controlling the jury.

David then adds, “It’s about respect. You’re respecting the jury to make their own decisions. That will come across.” And while the difference between a crowd at a comedy show and a jury in a courtroom are apparent, the commonalities they share run deep. As Delisi so eloquently puts it, “at the end of the day you’re both storytellers.” David continues by explaining how if he hasn’t heard a laugh in 5 minutes, he knows he needs to change something about what he’s doing. While jurors don’t openly laugh or react, Michael insists “You know when you’re resonating with another human being. You feel it.”

They continue on this note to discuss coping with a loss. David shares how he always mentally prepares to fix what went wrong and assumes, “This is going to go well. Period.” David then describes his favorite adage to tell nervous actors, which is that you always hope the person presenting does well. While admitting it’s marginally different for lawyers, he insists that “they at least hope you’re competent,” which Michael agrees with wholeheartedly, ending this conversation by saying “People want to do the right thing.”

David, Michael, and Delisi end the episode by discussing David’s new business, “Hey, Good Meeting!” Michael and Delisi previously worked with David to surprise the audience at this year’s Big Rig Boot Camp with a comedic appearance by David. These types of events are exactly what Hey, Good Meeting specializes in and provides a unique experience with nationally recognized actors and comedians. If you’d like to book a live comedy experience customized for you and your guests at your next virtual event, holiday party, or referral partner gathering, go to www.heygoodmeeting.com for booking information.

This podcast also covers why all men are secretly 14 years old, what was so special about Chicago in 1996, the importance of listening, playing an outrageous character convincingly, applying the “Rule of 3” to the courtroom, David’s favorite improvised scene from “Anchorman,” using body language to communicate, how David deals with hecklers, and so much more.

 

 

Bio:

Actor, writer and producer David Koechner grew up in Tipton, Mo. working for his father in the family’s turkey coop manufacturing business. He studied political science at Benedictine College in Atchison, Kan, and then transferred to the University of Missouri. After college, Koechner moved to Chicago, where he studied improvisation at the IO (formerly the ImprovOlympic) with Del Close and Charna Halpern. He went on to become an ensemble member of Second City Theater Northwest.

From there, Koechner spent one season in the cast of “Saturday Night Live” before moving to Los Angeles and landing guest appearances on “Curb Your Enthusiasm” and “Reno 911” and a recurring role on “Still Standing.” He co-starred in indie films such as “Dill Scallion,” “Wakin’ Up in Reno,” “Dropping Out” and “Run Ronnie Run” while also turning solid performances in studio comedies such as “Out Cold,” “My Boss’ Daughter” and “A Guy Thing.” Koechner, along with Dave “Gruber” Allen, developed and performed The Naked Trucker & T-Bones Show on stage at Club Largo in Los Angeles. The show later became a Comedy Central series.

Koechner’s first major film break came when he was cast as Champ Kind in “Anchorman: The Legend of Ron Burgundy” (a role he reprised in 2013’s “Anchorman 2: The Legend Continues”). Koechner has been seen in a variety of studio and independent films such as “Daltry Calhoun,” “The Dukes of Hazzard,” “The 40 Year Old Virgin,” “Waiting,” “Yours, Mine and Ours,” “Talladega Nights: The Ballad of Ricky Bobby,” “Snakes on a Plane,” “Let’s Go To Prison,” “Semi-Pro,” “Get Smart,” “My One and Only,” “The Goods: Live Hard, Sell Hard,” “Extract,” “Final Destination 5,” “A Haunted House,” “Paul,” “Scouts Guide to the Zombie Apocalypse,” “Priceless,” Legendary’s “Krampus,”  the animated feature “Barnyard,” the critically acclaimed “Thank You for Smoking,” and the film festival award-winning thriller “Cheap Thrills.” He also starred in the Fox Atomic comedy “The Comebacks.” Recent film projects include “Then Came You,” “Braking for Whales” and “Faith Based,” as well as the upcoming indie horror thriller, “Vicious Fun.”

Koechner currently plays Bill Lewis on ABC’s “The Goldbergs” and recently appeared on ABC’s “Bless This Mess,” CBS’s “Superior Donuts,” Showtime’s “Twin Peaks,” Comedy Central’s “Another Period” and IFC’s “Stan Against Evil.” He also voices reoccurring characters on FOX’s “American Dad” and Netflix’s “F is for Family” and “The Epic Tales of Captain Underpants.” Koechner is well-known for his character Todd Packer on NBC’s hit comedy “The Office.”

When not filming, Koechner performs live stand-up comedy across the country and creates original content videos for his YouTube channel, “Full On Koechner.” He also co-hosts Big Slick Celebrity Weekend – an annual charity event benefitting Children’s Mercy Hospital of Kansas City – with fellow KC natives, Rob Riggle, Paul Rudd, Jason Sudeikis and Eric Stonestreet. Koechner currently resides in Los Angeles, California.

 

55 – Jacob Leibowitz – Overcoming COVID-19: Working Remote & Staying Afloat

In this special Trial Lawyer Nation podcast, Michael discusses COVID-19 with fellow trial lawyer Jacob Leibowitz. This episode focuses on adapting your firm to function in an ever-changing crisis situation, including insights on safety, remote work, technology, cash flow, and employee morale.

The show begins with a discussion on using technology to keep cases moving. Jacob emphasizes the importance of continuing to have depositions utilizing video conferencing technology. Their firm has chosen to use Zoom for depositions, mediations, and client meetings, and they have been successful with it. They discuss the pros and cons of Zoom, highlighting many useful features including video recording, “breakout rooms,” options to increase audio quality, and a way to share exhibits that Jacob argues is even better than the in-person method. The challenges of this technology for depositions, and in many states across the U.S., is the person who swears in the witness needs to be in the same room to make the oath sufficient. Jacob shares how the Supreme Court of Texas has assisted with this. The use of online notaries is also discussed and both Michael and Jacob implore the listeners to reach out in their respective state to determine if this can be a solution.

Originally, Jacob believed mediations via video conferencing would be extremely complicated, but he has been pleasantly surprised by the ease of using breakout rooms in Zoom. While some mediators have resisted, Michael is confident they will come around soon, telling them “Either you’re not getting paid or you’re going to do it this way.” Jacob echoes this thought by stating, “It’s here right now, and we have to adapt to it.” They apply this same reasoning to defense counsel who may have objections. Michael strongly believes if the defense doesn’t bill, they don’t make money, and they don’t survive. Jacob thinks it is the plaintiff lawyer’s responsibility to push the case, educate all parties involved on how to use the technology, and has been kind enough to create a Zoom Deposition Guide to share with everyone. This guide can be shared with defense counsel, mediators, and anyone else hesitant with this process. (A Zoom video tutorial for clients has also been created and can be found here)

The conversation shifts to remote work and how their firm of over 30 employees in different office locations has navigated the transition of physical office space to a virtual office space. The process began with Michael deciding to purchase company laptops for staff who did not have one. This was necessary because his IT company would only allow access to the server through a private VPN on a company-owned computer for security reasons. They discuss other challenges of remote work during a quarantine, including working with kids at home, server capacity, and cloud migration. Jacob then shares valuable advice for other firms to mitigate these challenges by advising “You just need to go full force into this, because you’re going to end up learning a whole lot, and you need to.” The reality is no one knows how long social distancing and a nationwide quarantine will last, so lawyers need to adjust accordingly.

On a serious note, Michael recognizes that regardless of technological innovations, the COVID-19 pandemic will disrupt firms’ cash flow. He shares his experience with a market panic and how he has been proactive in protecting the firm’s finances through pulling out money ahead of time and watching his finances very carefully. He also cautions other firms against laying employees off too soon, citing the proposed stimulus bill (which has now passed) would provide loan forgiveness to small businesses who use the money for payroll. He also understands that sometimes, you have to do whatever is right for your firm to stay afloat during these challenging times.

With all these sudden and extreme changes, employee morale can fall to the wayside. Jacob asks Michael what many listeners must be wondering – How do you keep employee morale up during this process? Michael simply states: “We’re overcommunicating.” His firm has focused on having consistent and frequent video conference calls to communicate on daily tasks, collaborates on larger projects, and even gather socially for a Friday evening virtual happy hour. He explains how important it was to tell his staff they could financially handle a 3-4 month quarantine and not have layoffs, and ensure staff of his focus on keeping everyone safe, be it their health or job security. Jacob compliments Michael on his efforts so far and adds that he feels morale has actually increased since the beginning of this crisis, noting that employees can see the massive amount of effort and reassurance given so far. Michael also believes “overcommunicating” applies to clients and referral attorneys and has made an effort to touch base with everyone in his network. This has led to his firm continuing to receive case referrals because they are being proactive.

Lastly, Jacob and Michael discuss their main takeaways during COVID-19. Jacob sees this time as an opportunity to gain skills to better your practice, spend more time with your family, and push your abilities as an attorney. Michael agrees and adds that it’s more important than ever to take care of yourself physically and mentally. He also emphasizes the importance of patience and thankfulness during these difficult times. Michael ends on a powerful note: “We all need to step up and be leaders – leaders for our firms, leaders for our clients, and leaders for our communities.”

This podcast also covers virtual court hearings, telemedicine, self-insured retentions, Microsoft Teams, why clients are liking the face time with attorneys using Zoom, virtual document signing (www.notarize.com), and the efficiency of technology.

40 – Ken Levinson – Focus Groups and Metaphors

In this Trial Lawyer Nation podcast, Michael Cowen sits down with Ken Levinson, a successful trial attorney who is also very active with his trial consultant focus group practice, for a discussion on how his unique practice is getting big results in the courtroom. Ken selfishly loves his “split practice” primarily because of its process of constant learning which comes with both sides of his practice, noting that he’d never want to give either of them up.

The conversation begins by exploring focus groups, as Ken talks through how they help in cases because lawyers are able to find out what resonates with people and then test it before ever stepping into the courtroom. “Over time, I’ve learned the better approach is to accept what people tell you. Listen, and in a neutral way, find out what’s going on.” Ken goes on to say “I don’t want to fall in love with my case or a witness or a theory without really stepping back and almost looking at your case in a different way” which is exactly what focus groups help him do while pointing to the teachings of Michael Leizerman [link to Michael Leizerman episode] of needing to have a “Zen mind” or a beginners mind. He adds “I think we get lost in the language of being a lawyer and I’ve really tried to train myself to talk like real folks in everyday life about our cases.” Michael then points out how it is incredibly important to be yourself, noting the power that authenticity brings to human communication both inside and out of the courtroom.

After working with so many great lawyers, Michael wonders what Ken has seen separates the good from the elite. Ken points out two factors he’s seen in elite lawyers: 1. They know their cases inside and out and although they may seem to talk very casually about things in the courtroom, they actually work extremely hard; and 2. The better trial lawyers he’s gotten to know are always learning. Ken goes on to point out there are some firms he might do 20+ focus groups for in a given year, and although they have been getting multi-million dollar verdicts for decades now, they are always learning, testing, reading, revising, and thinking about how to improve.

Michael speaks to his own experiences on learning and how over the years, while there are some basic human things that don’t change, many things do change over time and thus, lawyers need to be open to continuing to learn in order to be effective in the courtroom. Ken follows up to describe some of the other things he’s doing to continually get better, such as reading a lot on decision-making, psychology, and metaphors, then discussing what he’s learned with friends and colleagues, testing things for himself in focus groups, case preparations, depositions, and in the courtroom. He also goes to seminars and holds in-house trainings. Ken also discusses some of the ideas he’s learned from R. Rex Parris [link to Rex episode] on metaphors and how he’s been able to incorporate them into his courtroom proceedings.

Talking more about Ken’s experiences with focus groups and testing theories within them, he describes a few exercises he’s used to better understand the imagery that focus group juries associate with their case using simple techniques. Then he takes things a step further to discuss the findings, one-on-one, with the focus group participants. Through this process, he’s discovered many great metaphors and images that have helped his cases as well as some that needed to be tweaked or reworked for a case, noting that it’s better to find out and understand things which can negatively impact your case prior to trial, than during it, of course.

Beyond running his law firm and focus groups, Ken has also written books and articles, which begs the question – how does he have time for all of this? Ken describes his methods of time management which include getting up several hours before his wife and kids, but also includes time blocking and scheduling things based on his own understanding of the best times for him to get work done, which he details more in this episode. Michael also talks through the structures he’s implemented in his life and his firm to help to “move the ball forward” toward accomplishing his goals.

Michael turns the conversation toward what lawyers can do to set themselves up to achieve their goals, whether it is getting a $43 million verdict or a $6 million settlement, to which Ken turns the table a little bit and points out some great advice he had heard from Michael about taking on the right cases and turning away the others. Michael elaborates on this point and discusses the juxtaposition of the normal mentality associated with turning down cases, which really hits the nail on the head in terms of getting more of the types of cases lawyers want to get and building their practice.

Their conversation rounds out in a discussion revolving around the terms Ken has seen come up over and over in focus groups involving trucking cases specifically. Ken talks about terms he’s found to be important to focus groups and juries alike such as “professional driver,” and ideas revolving around vision and forgiveness. Truly insightful information that Ken discusses more in depth, which not only brings perspective to trucking cases at their face value, but also the impact focus groups can have in helping to bring another element of humanity into our cases by getting the perspectives of what’s important in the eyes of others.

 

BACKGROUND

Ken Levinson is a passionate advocate for accident survivors and child safety. For more than 20 years, he has represented disenfranchised clients against corporate giants. By using the law, the court system and his skill as a lawyer, his goal is to level the playing field for those facing the most challenging times of their lives.

 

Leadership

  • Former Section Chair of the American Association for Justice  Motor Vehicle Collision, Highway and Premises Liability Section
  • Vice Chair of the American Association for Justice Trucking Group
  • Board Member of the American Association for Justice National College of Advocacy
  • Co-chair of Overcoming Jury Bias Litigation Group
  • Regional Coordinator of the American Association for Justice Chicago Student Trial Advocacy Competition
  • American Association of Justice Board of Advocates
  • American Association for Justice Law Schools Committee
  • American Association for Justice Voter Protection Committee
  • Committee Chair of the American Association for Justice Litigation Group Coordination Committee
  • Press Advisory Board American Association for Justice
  • Chair Chicago Bar Association Solo & Small Firm Practice Committee

Ken also serves as chair of the section’s Practice Resources Committee, which compiles documents such as pleadings, research, expert reports and other information that might be helpful to fellow trial lawyers. As part of AAJ, Ken acts as Secretary of Motor Vehicle Collision, Highway, and Premises Liability Section and Chair of the newsletter committee; he has served as Education/CLE Vice-Chair of the Trucking Litigation Group (2014–2015) and Co-chair of Publications Committee (2013-2014). Additional memberships include the Chicago Bar Association, where Ken has also been the Solo & Small Firm Practice Committee Chair from 2009-2019, Vice Chair (2008 – 2009), and the Illinois Trial Lawyers Association, where he is currently a member of its Board of Managers. Under ITLA, Ken is also a co-chair of the legislative committee. In 2010, Ken was elected to serve a three-year term on the Trial Lawyers College Alumni Board. He is currently serving on the editorial board of The Warrior, the Trial Lawyers College magazine.

Ken has written numerous articles for prestigious lawyer publications and spoken at dozens of conventions for trial lawyers and American Bar Association organizations. Ken also recently appeared on an episode of the Trial Lawyer Nation podcast.

 

Honors and Awards

Ken is currently the Vice Chair of the American Association of Justice Trucking Group. Ken also formerly served as Chair of the American Association for Justice Motor Vehicle Collision, Highway and Premises Liability Section and  Illinois Board of Governors for the American Association for Justice, a designation that carries Illinois Trial Lawyers Association (ITLA) Board status. He has been recognized by Leading Lawyers and Super Lawyers magazines as one of the top attorneys in Illinois, including the Super Lawyers Top 100 in 2012, 2016, 2017, 2018 and 2019. He is the co-author of Litigating Major Automobile Injury and Death Cases, a two-volume reference series designed to help attorneys build strong cases for their clients by highlighting real-life case studies related to Major Auto Injury and Death. The book is published by AAJ Press/Thomson Reuters.

Named one of The 40 Lawyers Under 40 to Watch in Illinois by the Law Bulletin Publishing Company, Ken is among a select group of trial attorneys that has graduated from legendary lawyer Gerry Spence’s Trial Lawyers College, which is dedicated to training and educating lawyers who represent people against corporate and government oppression. Ken is one of only 100 trial lawyers from Illinois selected for The American Trial Lawyers Association, where membership is by invitation only.

 

Education

After receiving his Bachelor of Arts degree from Hobart College in 1989 and his Juris Doctor in 1992 from Case Western Reserve University School of Law, Ken was appointed an Assistant Illinois Attorney General, representing state agencies and employees in civil matters, including both personal injury and civil rights cases. He has been admitted to practice before the Illinois Supreme Court and the Northern District of Illinois, United States District Court since 1992. Levinson is also admitted to the Federal Trial Bar.

 

Personal

Ken volunteers his time and resources to a variety of community and charitable organizations in the Chicago area, such as sponsoring the Tristin Speaks Benefit, which raised funds for autism awareness. Ken is a former member of The Citizens’ Council of LaGrange, a non-partisan community group that promotes better government through the recruiting and evaluation of candidates for local public office, having co-chaired the Council’s Qualifications Committee. Ken participated in the 39-mile, two-day Avon Breast Cancer Walk and the St. Jude Walk/Run to End Childhood Cancer. Ken also supports Art in Motion, an event hosted by the Associate Board to raise funds for the Rehabilitation Institute of Chicago, now known as the Shirley Ryan AbilityLab.

Ken is an area native, born in Chicago and currently living in LaGrange, IL. He is happily married and the father of three boys, keeping him very active in youth and sports-related activities. One of his favorite pastimes is to go with his wife to their sons’ high school varsity games and in-state and out of state tournaments for basketball and volleyball.

Ken can be reached at all hours via email: Ken@LevinsonStefani.com

 

RESOURCES

How Customers Think: Essential Insights into the Mind of the Market by Gerald Zaltman

Marketing Metaphoria: What Deep Metaphors Reveal About the Minds of Consumers by Gerald Zaltman

Metaphors We Live By author George Lakoff and Mark Johnson

 

 

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