depos

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

21 – Sonia Rodriguez – Winning (or Losing) a Case in Deposition

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With overwhelmingly positive feedback from our listeners, TLN Table Talk podcast is back again! This time featuring fellow partner at Cowen | Rodriguez | Peacock, Sonia Rodriguez, for a discussion mainly focused on how to win (or lose) a case in a deposition.

Michael is quick to note that many cases tend to settle before going to trial, making depositions an integral part of the process. Oftentimes it comes down to knowing the documents better than the defense attorneys while also knowing the right documents to order, which in many cases the defense may not have. It can also come down to a witness’s ability to know and articulate the truth in a deposition, which is frequently a direct reflection on those who have helped to prepare the witness (defense or plaintiff).

So how do Michael and Sonia prepare for depositions? Sonia explains her strategy of always looking back on the jury charge to see what exactly she is trying to gain from a witness, scour the defense record from production to find nuggets of useful information, dig into the footnotes, fine print, and back of pages to find what others might miss. She has also found social media to be useful to learn as much as you can on the person being deposed including who their friends and other contacts are, companies they’ve worked for, and digging in to find info on company manuals or other ways to authenticate them as an authority coming from a witness. Michael, on the other hand, points out the importance of networking and collaborating with other plaintiff’s lawyers as “we’re good at getting things and sharing information” such as prior admissions, reports, or testimony. There’s likely nothing more embarrassing for a witness, especially paid ones than to be cross-examined with contradictory testimony they gave in the past. Sonia, who recently had a deposition with a defense doctor, shares how his past testimony was the exact opposite of what he was testifying to in her case, which obviously played to her favor.

When it comes to the right length of a deposition, Sonia shares her wish to someday be able to take a short depo, but currently has her attention to detail and thoroughness to “blame” for the style of her depositions, one which sometimes drives opposing counsel mad. She tends to feel unsatisfied leaving a depo if she hasn’t covered a lot of ground, knowing the jury will likely not hear most of it. She has also found that many times when she’s taking a deposition, she’s not just doing a trial depo of a witness, but also trying to prepare in advance for a summary judgment response and how they can also be helpful to lay the groundwork for what she might need from another witness. In contrast, Michael prides himself on short but thorough depositions stating how it really depends on the witness and subject matter. He also admits the danger of taking shorter depositions in relation to “having a beginner’s mind” vs. the “curse of knowledge” where you might already know something, the defense already knows it, and the defense witness knows it, but the jury does not, and could lead to talking over the jury with jargon they might not understand. Both agree 100% no matter how you approach a deposition, you need to be actively engaged in listening to the responses and not just running down questions on an outline where you would likely miss the truly important parts of what the witness is saying, or not saying, which could make your case.

The conversation shifts to a lively debate heard in many firms of weighing the idea of “going for the kill” in the deposition vs. saving things for trial when you know the witness will be there in person. With different experiences from both Sonia and Michael prior to them partnering, each brings a unique perspective to the table from their mentors as well as from their personal experiences. Of course, they agree these tactics both have their place, but Michael also brings up the point how oftentimes with expert witnesses, if they don’t know something at a deposition, they tend to come to trial more prepared with a response.

Michael and Sonia jam pack the second half of their discussion with everything from preparing their own clients for deposition, videotaping depositions, deposing the other side’s experts, guiding medical experts to slow down their testimony while not losing the jury with industry terminology, and exceptions to all of the above.

Trial Lawyer Nation plans to do more “Table Talks” in the future, as this podcast has always been about inclusive learning for all in our industry, which includes learning from each other! Please keep submitting your questions, comments, and topic suggestions to podcast@triallawyernation.com; and be sure to like, share, and subscribe to get the latest from the Trial Lawyer Nation podcast!

Find out more about Michael Cowen here.

Find out more about Sonia Rodriguez here.

15 – Phillip Miller – Understanding the Minds of the Jury

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with author, trial consultant, and lawyer Phillip Miller from Nashville, TN.

Oddly enough, Phillip never planned on being a lawyer, being raised as a “military brat” traveling the country with his family that had a background in medicine in the military. It was actually the misfortune of dealing with attorneys in the wake of his father’s unfortunate passing, and subsequently, his mother passing 11 months later, which led him to want to go to law school at night while working during the day as a systems analyst. His practice started from humble beginnings to the point where he was paying overhead with no cases and not really knowing anyone in the field. However, his first case, which happened to be a car wreck, helped him to see his future in personal injury law.

Phillip credits his path to early success to his emphasis on education and taking as many CLE courses as possible. So much so that he began to have as much knowledge as those who were teaching the courses and soon after found himself invited to be on faculty with ATLA, which propelled his learning even more. Phillip notes that you don’t just get invited and start teaching. You first start out by writing a paper on the subject matter, which led to him reading more and becoming exposed to other great lawyers, and the cycle continued to help make him a better lawyer too. Michael also recalls a similar feeling of learning more from doing research and writing papers than from going to lectures to hear others speak on a topic.

Phillip discusses his views on learning from others and says that if you only talk with those who are practicing the same things in the same area, you’ll likely turn out to be just like them. Whereas he has sought to talk and learn from people from all over the world, just to get a different perspective on how others try those very same cases and continue to work cases from all four corners of the country and everywhere in between.

When asked by Michael about his approach to cases when he gets brought in, Phillip sites having worked with and picked up methodologies from Rodney Jew, like becoming an expert in taking depositions and the strategy behind them. As a great example of this, Phillip talks through the idea of “jury proof,” which goes beyond just the duty of breach, a duty of causation, and damages line of questions and instead delves into other questions that, if aren’t explored, resulting in a jury filling in their own answers. In other words, thinking beyond the obvious questions and answers that will help to win your case and looking at the case through the lens of a defense juror. Phillip goes on to say that these techniques are great for finding the “land mines” which could potentially damage a case. Then taking it a step further to use focus groups to help prioritize those detrimental pieces of jury proof, which helps to set up cases to be tried in an order geared towards a jury.

Phillip continues to talk through these “land mines” and the idea of working through the “bad” facts of a case to make them irrelevant or immaterial to the case, which sometimes includes just accepting them and moving on. He also notes that this does not always come easy to the plaintiff’s lawyers who are used to fighting for their client.  Michael also points out (from something Phillip mentioned earlier in the day) that juries tend to make the trials about what you take time to make them about; so when the defense has something bad for your case and you spend time-fighting about it, you end up making the focal point of the case more about that item.

The episode concludes with a discussion of the 5 things Phillip has learned about focus groups and juries and their significance to every case. He even gives some great insights on a product liability case involving talcum powder he worked on recently that really drives one of those jury lessons home.

 

Background on Phillip Miller

Phillip is nationally recognized for his work as a deposition/trial strategist and has been hired by firms in 30 states and the District of Columbia to help them prepare their biggest, most significant cases. Phillip maintains an active practice in Nashville, TN. He has been certified and re-certified as a Civil Trial Specialist, he is AV rated, and has been designated as a Super Lawyer repeatedly. His innovative approaches and case strategy work, including techniques like the “Miller Mousetrap”, have earned him recognition among trial lawyers nationally. Although 70% of Phillip’s time is doing deposition/case strategy and focus groups for other firms, Phillip has personally tried to a verdict both a tractor-trailer case and a school bus case within the last 12 months.

His two most recent books (co-authored with his friend, Paul Scoptur) are “Advanced Deposition Strategy and Practice” released by Trial Guides in July 2013; and “Focused Discovery” in the newly published Anatomy of the Personal Injury Lawsuit, in 2015.  His newest book “Focus Groups – Hitting the Bullseye” is published by AAJ Press and released in January 2017.

For more info on Phillip Miller, visit:

https://philliphmiller.com/

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