creative

83 – Cliff Atkinson – Beyond Bullet Points: The Art of Visual Storytelling

In this episode of the Trial Lawyer Nation podcast, Michael sits down with consultant Cliff Atkinson. Cliff has worked with some of the top trial lawyers in the country to help them better tell their clients’ stories. He and Michael discuss his path to success, what he’s found effective for telling stories at trial, how to use the visual medium to help tell a story and where to find good visuals, the creative process, and how Zoom effects our ability to present information.

Cliff and Michael begin the episode with a look at Cliff’s backstory. He shares how he first used PowerPoint for a business school project in the late 90’s, where he added bullet pointed information into the slides like everyone else. A few years later while looking at some blank slides, he realized it could be SO much more than that. As he began writing articles about using PowerPoint as a creative medium, he began receiving attention. After consulting with General Electric’s board, he was approached by Microsoft to write a book about using PowerPoint creatively, which became the bestseller “Beyond Bullet Points”. After Mark Lanier read his book and couldn’t put it down, he was brought in on his first case- Mark’s legendary $253 million verdict against Vioxx, and the rest is history.

Michael then digs deeper into what Cliff has found effective for telling our stories at trial. While Cliff is well-known for his PowerPoint prowess, he insists the story needs to be crafted before you can even THINK about the visuals. Once you have your story, the visuals ride on top of it, magnify it, and make it more powerful.

Michael notes how it can be a challenge to distill the vast number of facts in a case into a story, and asks Cliff for his advice on how to craft a compelling story. He starts with finding the structure using a 3-part story tool template. It’s about making it clear, concise, and powerful. But Cliff insists that it’s NOT about dumbing it down for the jury, it’s about distilling it down. Michael wholeheartedly agrees with this statement and adds that it’s about trusting and respecting the jurors – a recurring theme in this podcast. Cliff then refers to a concept from the book “Made to Stick” called “The Curse of Knowledge.” If you’ve been working on something for a long time and you’re explaining it to someone who hasn’t seen it before, you’re going to have a hard time looking at it like a beginner.

Cliff then begins to elaborate on how to incorporate the visual medium into your story. After sharing an inspiring example of this being done successfully in Mark Lanier’s Vioxx trial, Cliff eloquently explains this verbiage is the infrastructure for the visual. Once you find your engaging thematic element, the visuals are easy to find. He likes to keep images simple and shares an example from a very complex financial case. He used a blue bucket to demonstrate the key facts of the case, and it simplified the case so well the jurors were asking about it after the case and it undoubtedly helped the attorney win. The key is to make the experience fun and entertaining for the jury.

After a brief but insightful discussion of high tech vs. low tech visuals, Cliff highlights some of his favorite ways to find visuals. The largest source would be items you already have, including documents, PDFs, screen captures from Google Earth, and dashcam video. Once you have all of those visuals, you can do custom 3D constructions, or just do a Google image search to see what’s out there. If you find something close to what you’d like, you can easily hire a freelance graphic designer to create the image you want. Michael then shares some of his favorite low-budget visuals he’s created in his career, and urges listeners to think outside of the box before shelling out $20,000 for an elaborate model.

On the topic of creative thinking, Cliff highly recommends setting aside space in your office for a “creative room.” Keep all the courtroom toys in there, and encourage your lawyers to spend time exploring the visceral part of communication they can so easily feel removed from. Michael shares how some lawyers can be scared to get creative and break away from what’s been done in the past. Cliff agrees, and suggests those lawyers focus on wanting the jurors to have fun. Then, have fun with helping THEM have fun.

Lastly, Michael and Cliff discuss how to tell a story effectively over Zoom. Cliff’s main takeaways involve doing the little things to get an edge over the other side. Things like upgrading your webcam, microphone, and lighting can make a massive difference in your ethos and how the jury perceives your story. He likens a messy background in a Zoom meeting to wearing a crappy suit in court, it worsens your credibility.

To take it a step further, Cliff recommends looking into software you can use to enhance the experience even further. He highly recommends ECAMM or Manycam if you’re on a tighter budget. These tools allow you to be your own videographer and can even create a more engaging experience than if you were with them in person.

If you’d like to learn more about or work with Cliff Atkinson, visit his website. He offers full-day private workshops on storytelling and a course to teach you how to implement these techniques yourself, which Cliff believes is the future.

This podcast episode also covers more details on Mark Lanier’s Vioxx trial, how haikus can help you become a better advocate, why the “Rule of 3’s” exists, whether high tech or low tech visuals are more effective, how Zoom can be even better than in-person videography, and so much more.

Guest Bio:

Cliff Atkinson is an acclaimed writer, popular keynote speaker, and an independent communications consultant to leading attorneys and Fortune 500 companies. He crafted the presentation that persuaded a jury to award a $253 million verdict to the plaintiff in the nation’s first Vioxx trial in 2005, which Fortune magazine called “frighteningly powerful.

Cliff’s bestselling book Beyond Bullet Points (published by Microsoft Press) was named a Best Book of 2007 by the editors of Amazon.com, and has been published in four editions and translated into a dozen languages including Chinese, Korean, and Russian.  His work has been featured in The New York Times, Los Angeles Times, Wall Street Journal, and Fox News.

 

61 – Malorie Peacock – Elite Litigation: Strategies to Maximize the Value of Every Case

In this Trial Lawyer Nation podcast, Michael is joined by his law partner Malorie Peacock for a discussion of strategies they use to maximize the value of every case. They cover steps to take when you first get a case, storyboarding, gathering evidence, conducting a targeted discovery, the benefits of spending 3+ uninterrupted hours on a case, and so much more.

Michael and Malorie start off the episode with a conversation about what you should do when you first get a case to end up with the maximum value. They both agree you need to conduct a thorough investigation right away. Michael describes how he used to believe if he spent money on a case, he had to get a settlement out of it and get his money back. He would spend $20,000 to investigate and find out it was a tough liability theory but still file the lawsuit, do a ton of work, and spend even more money just to end up with a reduced settlement value and an unhappy client. He has since learned to write off these cases so he can spend his time and money on a case with potential for a better outcome. Malorie then explains how you can research the case yourself if you really don’t want to spend money early on, but Michael and Malorie both agree it’s best to hire an expert as soon as possible.

The discussion shifts to the topic of storyboarding early on in a case. Malorie explains how you plan out exactly how you want things to unfold, but you don’t need all the information right away to plan for a deposition. She describes her highly effective outlining strategy of placing information into “buckets” based on what she needs to talk to each of the witnesses about, constantly asking herself, “What do I really need? What makes this impactful for a jury or not?”

Michael then urges listeners not to appear nitpicky to the jury by bringing up non-causal violations. He shares an example of a different lawyer’s case with a truck driver who did not know any English. While truck drivers are required to speak enough English to understand road signs, the crash had nothing to do with this. That is, until they dug deeper and discovered a massive, shocking flaw in the trucking company’s training procedures.

While many of these strategies can be effective in making the case about the company and maximizing case value, Malorie emphasizes how you can’t ignore what happened in the crash. If it’s the worst company in the world but they had nothing to do with the crash, it doesn’t matter. Michael argues you should always try to make it a systems failure, but if you investigate and there is no credible story, you need to change course. They then discuss other places to look for systems failures which are often overlooked, including the company’s post-crash conduct. Finding these creative case stories and being willing to change course if you find a better story are key to maximizing case value.

Malorie brings up that there are lots of places to gather evidence, many of which are often overlooked. Michael urges listeners to go out to the crash site and walk around, look for cameras, and talk to people whenever possible. He also sees Freedom of Information Act requests as a valuable asset in any case involving an industry with regulations. You can see more than just past crashes, audits, and violations. He explains how sometimes you will see a trucking company who earned the highest score in a safety audit because they promised to fix the issues they had, which they never fixed. Malorie accurately replies, “That sounds like gross negligence.” They both discuss other types of companies who break promises often, and how showcasing this can be a valuable tool in showing the jury this company didn’t just make one mistake, they purposefully lied and tried to cover it up.

Michael and Malorie then discuss how they conduct a targeted and specific discovery. Michael shares how forms can be useful, but adds that you need to look at the issues in your case and adjust those forms accordingly. He describes his strategy of conducting a root cause analysis to dig deep into the reasons a crash may have occurred, a strategy which is incredibly useful for any plaintiff’s attorney. Michael and Malorie then agree on the importance of reviewing depo notes immediately after the depo is concluded and share a useful practice tip to make this process more efficient. After reviewing depo notes, Malorie highlights that many attorneys are hesitant to send a request for production for just one document. She disagrees with this thought process and has found doing this shows opposing counsel you know what you are doing and can even put you in favor with the judge.

Malorie then asks Michael to elaborate on a strategy they use at their firm based off the book “The 4 Disciplines of Execution”, where you block out a 3-hour window of time each week to brainstorm on a case. Michael explains how this time does not include depo prep, discovery, or other “defensive” items, but is meant to be spent “playing offense.” Attorneys are directed to do something to purposely move the case towards resolution and increase the value of that resolution. Michael then emphasizes the importance of these being three uninterrupted hours, because “It takes time for things to gel.” If you spend 30 minutes, 6 times in one week on the case, you have to refresh your memory of all the documents and details, and never dive deep into the critical thinking this activity is meant to promote. This is why Malorie spends the first part of her time reviewing every important document in the case, and inevitably this process leads her to ask questions and explore the answers. She urges listeners to not be intimidated by this process, and notes you don’t need to have a specific goal in mind besides to understand the case better and seek answers to the question, “What is this case about?”

Another strategy they use at their firm is “Workdays.” This is where they gather 3-6 people, including both attorneys and non-attorneys, to spend an entire day working through one case together. Malorie emphasizes the importance of everybody participating and being committed to spending this time on the case at hand. This doesn’t work if people come and go or try to discuss a different case. Michael adds that you don’t need an 8-attorney firm to do this. He’s found success in scheduling once-a-month lunches with peers and implementing a similar strategy.

Malorie has also found utilizing focus groups early-on in the case to be critical in understanding juror perceptions about the immediate facts of a case. Michael agrees this strategy can provide valuable insight into the direction you should take a case story, what questions you need to answer and how your client and experts appear to jurors. They then discuss a time they hosted a focus group where only three people attended, which shockingly ended up being one of the most useful focus groups of the entire case.

To wrap up the episode, Malorie notes “You’re not maximizing the value of a case by wasting time on it.” Michael urges listeners to look at each case individually and carefully, then triage it. Some cases are just not great, whether it be because of tough liability, a great recovery, or a client who presents poorly. Malorie aptly concludes by saying, “Maximizing value doesn’t mean getting $20 million on every case… It’s about allocating your time and resources carefully.”

16 – Devin Herz and Delisi Friday – Legal Marketing that Stands Out

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with Devin Herz, Chief Creative Consultant and Founder of Dynamic Marketing Consultants (DMC), along with the Marketing Director of Cowen | Rodriguez | Peacock, Delisi Friday. Devin describes his passion for marketing from a very young age as he watched his family build a small empire of retail stores taking particular notice of the marketing that made them so successful and later leveraging his creative genes and marketing strategies to help businesses multiply their revenues.

Devin talks through how his firm prides itself on developing marketing initiatives that stand out from the average industry niched pieces and credits some of their versatility to the fact that they don’t just work with attorneys, which helps to keep things fresh. When asked by Michael about the “silver bullet” of marketing that will bring in all the cases he needs to retire in a matter of years, Devin points out several realistic views that can achieve the same result and mentions if there were such a “bullet,” we’d all likely be retired already.

Seeing as the Trial Lawyer Nation podcast is aimed at personal injury lawyers, Devin is asked about the marketing tactics he’s seen that have worked and not worked in this specific industry to which he gives the example of looking at a website. He describes the differences between a legal firm’s website that is just like all the rest, touting the attorney’s credentials, and how they’re the best and will win every case; versus one that speaks more to the intended audience on a human level while balancing the authority-building credentials, which ultimately projects a much more successful image of that firm. Delisi also points toward delivering a consistent message to your audience, citing a recent referral from an attorney they have been marketing to for a long time whom they are now excited to work with more regularly. “It’s the marathon, not the sprint” as Devin puts it. And Delisi applies this same thought process to the attorneys who advertise with bus wraps and billboards. Michael agrees with both as he recalls the different “slow burn” strategies he’s implemented with Dynamic Marketing Consultants over the years that have proven to be successful at varying rates.

Devin describes the prioritization of audiences and the group that most attorneys, and business owners in general, tend to overlook when determining the best ROI for their practice. This parlays nicely with his discussion with Michael for those who may not have a 6-figure marketing budget, where Devin describes the internal marketing processes that are important to have in place and refined BEFORE targeting tons of new clients or cases.

The topic of social media also comes up, as the three discuss the importance of being relatable online in an era where every potential new client does their due diligence before calling a lawyer. Delisi talks about being personable because “someone is going to call you if they feel like they can actually relate to you.” Michael is of the same opinion sharing the importance of not always being about business and Devin eloquently states “social media is called ‘social media’ for a reason.” With social media being a necessity for lawyers, the conversation transitions into the different ways to automate this marketing technique and topics (like politics) to be careful discussing.

Michael and Delisi conclude the episode with a look back at how they started working together with DMC and the trials and tribulations they went through (like the split testing “trial by fire” of having multiple firms market an event), before partnering with DMC in a substantial way to become a valuable extension of their marketing team.

 

Background on Devin Herz

With 25+ years in marketing, Devin has not only been able to hone the craft of ROI-based marketing but has accrued the knowledge required to build a world-class team of consulting and marketing experts. Early on in his professional career, he became the owner of one of Tampa’s most successful event promotion and marketing companies, during which time he was the design and/or print firm for Quiznos, Exit Realty Corporate, Engel & Volkers Corporate, Tampa Bay Lightning, Tampa Bay Super Bowl, over 50 national recording artists, and many other successful individuals and companies. He won Addy Awards for a Dairy Queen marketing campaign and for a brochure for Exeter International, and a Gold Ink Award for design. He is also the Best-Selling Author of “ROI Secrets Revealed,” and continues to share his expertise with the public in books, through blogging, and in interviews.

Book a one-on-one call with Devin:

http://dynamicmarketingconsultants.com/schedule

 

Background on Delisi Friday

As the daughter of a trial attorney, Delisi is no stranger to the legal industry and has over 10 years of legal experience.  Her strong ties to the legal community, along with a deep understanding and respect of the litigation process, have helped her succeed in her role as Marketing Director for Cowen | Rodriguez | Peacock. With a passion for legal marketing, Delisi is regularly working on branding initiatives, seminar planning, communications, business development, and the podcast Trial Lawyer Nation. She currently serves as Chair of the San Antonio city group and on the southwest regional conference committee for LMA (Legal Marketing Association). With a previous career in television and film, including a degree from the famed AADA (American Academy of Dramatic Arts), Delisi uses the experiences she learned from shows like Friday Night Lights, That’s So Raven, and Saturday Night Live to help the firm effectively tell a client’s story to a jury.

For more info on Delisi Friday visit:

https://www.cowenlaw.com/team/delisi-friday

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