81 – Mallory Storey Ulmer – Baptism by Fire: When Tenacity Defeats Tenure
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In this episode of the Trial Lawyer Nation podcast, Michael sits down with attorney Mallory Storey Ulmer from the Walton Law Firm in Auburn, Alabama. Mallory is a young lawyer who recently achieved a $15 million settlement for her clients in a not-so-plaintiff-friendly state. She and Michael discuss her path to such early success, the details of how she worked up the case, and her advice for other young lawyers who want to make a big impact on a big case.
They begin the episode with a bit on Mallory’s background. After working as a paralegal for 8 years, she decided to go to law school with the intention of becoming an insurance defense lawyer. While in law school, she received a prestigious internship at a plaintiff firm and fell in love with plaintiff work, stating “once you’re on the right side, you can’t switch over.” She and Michael then discuss the emotional toll of plaintiff work, especially in a state like Alabama that’s “no plaintiff’s paradise,” but agree the satisfaction of representing people who need it most can’t be beat (as long as you have the right mindset).
This leads Michael to ask Mallory what she’s done to develop her skillset. She says that one of the best decisions she made was joining an excellent firm with a great reputation. Walton Law Firm has robust systems, great lawyers, and makes education a top priority. She’s been able to learn from some of the best minds in the legal industry both in her office and through a wide variety of legal seminars.
While these opportunities helped build her knowledge base, she and Michael agree at some point you just have to jump in and start trying some cases (or as Mallory calls it, “baptism by fire.”) Michael also notes the importance of networking with other lawyers, to which Mallory agrees. Because of her networking and impressive resume of cases, she is now being invited to speak more often at legal conventions.
Next, the pair jumps into the nitty gritty of the $15,000,000 case Mallory recently settled. While she can’t share too many details due to a confidentiality agreement, she agrees to share what she can within those boundaries. This case had an incredibly complex liability sequence, which stemmed from a series of car wrecks and resulted in catastrophic injuries to her client. In fact, her client’s crash occurred when the defendant driver was not driving a commercial vehicle, further complicating the regulatory guidelines for the company.
Another difficult aspect of this case concerns the venue: Alabama, which is no “plaintiff’s paradise” and has contributory negligence, similar to North Carolina as discussed in our episode with Karonnie Truzy. In short, this means if the client is ANY part at fault for the wreck (even 1%), they cannot receive any compensation. This causes worry in any case, but in a case of this size, Mallory knew she needed a plan to combat this defense if the case went to trial.
She then describes a genius argument of wanton (willful) conduct which would have taken away the contributory negligence defense. While she was never able to use the argument because the case settled, this is an incredibly impressive strategy she plans to “keep in her pocket” for future use.
After discussing the importance of discovery and depositions in the case, Mallory shares why she decided to frame the case as a “systems failure.” This boils down to the fact that juries don’t like to award a large verdict against one driver; they’d much rather award a large verdict to a company where the driver was a victim as well.
Michael and Malorie then have a brief conversation about why it’s necessary to work with others (even if you don’t agree). This starts with politics and ends with an astute observation from Mallory about how this also applies to defense lawyers.
Moving back to Mallory’s case, Michael asks how Mallory found rules and systems to apply to her case when the defendant was not driving a commercial vehicle at the time of the crash. She decided to fall back on the company’s materials, training, and supervision. Regardless of the type of vehicle the defendant was driving, those standards should still apply.
Michael chimes in that his firm’s strategy for a case like this is “compared to what?” He will look at what other similar companies do and argue that while something may not be a regulation, it is certainly the industry standard. Mallory agrees with this strategy and adds that those publications are perfect for getting excellent sound bites in depositions and appealing to an educated jury pool who may sympathize with business owners but understand companies should care about and know these things.
The episode concludes with Mallory’s tips for other lawyers who get a big case like hers. Her first piece of advice is to posture aggressively from the beginning, meaning to act like you’re taking the case to trial. This is especially true in a case with large damages because there’s too much at stake. She insists that this is scary for defense lawyers who don’t want to try the case. Her second piece of advice is to “prepare, prepare, prepare.” She’s found this shuts out any fear that may creep in. It takes a LOT of time and energy, but it has always worked to her advantage as the defense is never as prepared as she is.
Mallory’s last piece of advice is to know what you don’t know, and don’t be afraid to pull somebody else in if you need help. She urges other young lawyers to not be afraid of “looking stupid,” and be willing to spend the money you need to on experts and co-counsel. “You will most likely earn that back three-fold, and you’ll be glad you did it.” In the end, pulling in people who are experienced to guide you will result in a better fee for you and a better result for your client. Then next time, you can use what you learned, and you may not need to get as many people involved.
If you’d like to get in touch with Mallory to discuss a case, ask her to speak, or to learn more about this case, you can reach her by email at email@example.com, or by phone at 334-321-3000. She’s happy to talk strategy or help in any way.
This podcast episode also covers the importance of discovery and depositions in Mallory’s case, proposed Texas House Bill 19, why you should try to work with defense attorneys (and what to do when they’re unbearable), Mallory’s approach to jury research, and so much more.
Mallory Storey Ulmer is an attorney at Walton Law Firm, P.C., in Auburn, Alabama. Prior to joining Walton Law Firm, P.C., Mallory gained experience in whistleblower, fraud, and employment litigation while working at Beasley Allen Law Firm, with some of those cases gaining national attention on merit. Mallory’s current practice is focused on representing victims in personal injury litigation, including the areas of wrongful death, motor vehicle and trucking litigation. She has experience handling cases in the Southeast and Midwest at state and federal court levels. Mallory recently obtained a $15 million settlement in a contested liability case arising from a crash that caused catastrophic injuries to our client.
Mallory is an advocate of the Alabama Head Injury Foundation, which provides resources for members of our communities affected by traumatic brain injuries, and she is passionate about representing people who have been seriously injured and families of those killed as a result of the negligence of others.
Mallory and her husband, Dr. Matthew J. Ulmer, and their daughter, Amory, reside in Auburn. They enjoy traveling, visiting with family, finding good local eateries, and being outdoors.