05 – Randi McGinn – A Narrative for Winning Juries and Cases
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In this Trial Lawyer Nation podcast, Michael Cowen sits down with a trial attorney and prominent legal industry speaker, Randi McGinn of McGinn, Montoya, Love & Curry P.A.
From the very beginning of their conversation, Randi delivers compelling insights on the one thing that still unites people, as well as influences in our decision-making process as humans. She also shares what engrain our decisions moving forward in trials, as well as in “real life” more times than not, regardless of what future evidence is acknowledged and/or presented. More importantly, is the necessity for trial lawyers to know and understand this concept in order to be able to implement it in a trial situation from the very beginning of a trial to impact a jury’s decision. Going even a step further, Randi relates this tactic to put the jury in the “zone of danger” in order to make things more relatable to them through their own eyes versus their own logical view of how a scenario would likely play out. Truly a fascinating viewpoint and provocative example that is given, one that all lawyers should take note of.
Once the concept is revealed, Randi does a deep dive on knowing how to apply it, to which Randi describes her own firm’s use of focus groups in determining the best strategies toward figuring out the best way to leverage the information a trial attorney has at their disposal. Funny enough, some of their best ideas come from “ordinary people” seeing as attorneys can tend to become narrow-minded when approaching another case. Fortunately, Randi’s approach is less like classical music where you have rules to follow and more like jazz where there are many ways to approach the narrative of a case. Having said that, Randi also notes that sometimes the work equated to a case is 200 – 300 hours outside the courtroom for every 1 hour inside the courtroom, which is part of what makes her and her firm so good at what they do.
Michael and Randi expose the dirty little tricks defense attorneys play against plaintiff attorneys and the “little guys” they represent, as it’s important to note that many jurors may not have any concept of how difficult that fight may be. Furthermore is the uphill battle regarding the misconception most have of people getting hurt and thinking “oh goodie, I have a lawsuit” while truth be told, the process to recovery is not an easy one, and in some cases is impossible.
The episode wraps up with a discussion aimed specifically at female attorneys entering the field and advice from Randi on how best to take things on, as well as for the men in the industry who want to empower women to help make the world a better place. Both Michael and Randi have some amazing insights to share which are beneficial regardless of gender or tenure.
Background on Randi McGinn
Randi McGinn is the author of “Changing Laws, Saving Lives: How to Take on Corporate Giants and Win,” available through Trial Guides at http://www.trialguides.com/book/changing-laws-saving-lives/ Trial Lawyer Nation listeners can receive a $10 discount on the book by using the code LAWSLIVES10.
She is one of the country’s leading trial lawyers, having tried over 130 cases. The first woman president of the Inner Circle (100 best trial lawyers in the US), she is known for her creativity in the courtroom and use of demonstrative evidence to visualize opening, direct, cross-examination and closing argument. She has destroyed adverse witnesses by leaving a pretentious Beverly Hills doctor standing in front of the jury covered with post-its and clutching a grapefruit to his chest, by grilling a government snitch until he threw up and by exposing the fact that a world-renowned polygraph expert had been polygraphing his own sperm cells in the dead of night. In a particularly hard-won police shooting case, the local SWAT cops once put her face on their Christmas pinata and took turns whacking it with a big stick.
She recently was appointed as a special prosecutor and tried the first murder prosecution in over 50 years of an Albuquerque police officer for an on the job shooting.
She started her career by giving birth to her daughter Heather, now age 37, the day before the 3-day bar examination.
Senior partner in a 5 woman, 2 man law firm in Albuquerque, New Mexico; double listed in criminal and civil litigation in Best Lawyers in America; International Academy of Trial Lawyers fellow; past AAJ Governor; past president of the New Mexico Trial Lawyers’ Association; NACDL board member, NITA-NCDC-UNM adjunct instructor.
For more info on Randi McGinn visit: https://www.mcginnlaw.com/About-Us/Randi-McGinn.shtml