Legal Consultant

18 – Jude Basile – A Trial Lawyer’s Favorite 2 Words: All Rise

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with well-established and extremely accomplished trial lawyer, Jude Basile, from San Luis Obispo, CA. Growing up, Jude knew early on he had a tremendous desire to become a trial lawyer, a profession he describes as one where he can talk to ordinary people about what’s right and what’s wrong.

Jude’s passion for jury trials is palpable from the very beginning of his conversation with Michael where he describes the evolution of how our “enemies” approach us and the power of the jury. He talks about the numerous delay tactics to drag things out, throw broad nets in discovery, and other roadblocks to stop us from getting to trial. And he reveals the power a jury has to level the playing field, which is getting hard to hold on to. In fact, if there was one thing he could change, he says it would be some legislative enactment where we could limit those obstacles so we could have easier access to a jury, because it seems like the only cases which can go to jury now are very big and very expensive cases. This is likely why his two favorite words are “all rise.” He goes on to describe how the 7th amendment has seemingly evolved over the years into the right to present a case to an arbitrator, or to an adjuster, or a mediator. Of course, there are cases that reach a jury but there is a tremendous fight to get to a jury trial, in his experience. Michael notes this fight also tests your determination and desire to get there, because not everyone has it and there are different forces at work with each case.

Michael asks Jude his advice for aspiring trial lawyers on the things to be done to develop trial skills. Like many great attorneys will tell anyone looking to become a trial lawyer, continuous education is important (as he notes several of the great authors of the books in his office such as Moe Levine, Jim Perdue, Mark Mandell, and others), but there is no substitute for trial experience. Jude recommends starting by working with a local prosecutor or public defender’s office. He suggests if you can try a DUI case you can likely try any type of case: they have direct and circumstantial evidence, eye witness testimony, expert testimony, breathalyzers and other scientific equipment, chain of custody, blood samples, and you can learn all the evidentiary components in a case.

Trial lawyers are great story tellers to which Michael explores how to find the right story to tell. Described as the fundamental understanding in which all communication is a “story,” Jude explains the importance of understanding our own story first before trying to understand the other side’s story. He recalls a trial where understanding his own story helped him essentially win a case during jury selection after a potential juror questioned if Jude was “in it for the money.” His answer was not only truthful and heartfelt, but also brilliant, proving that sometimes the most difficult moments during a trial allow the most powerful things happen. Michael also points out when you deny truths, even when they are inconvenient, you lose credibility. Jude goes on to share another story about a case he is looking forward to trying in the coming months where the impact of money is of little importance versus the non-monetary considerations important to be met. Both Michael and Jude agree sometimes there are factors more important than money such as education, or the impact of change which can lead a case in the direction of betterment of everyone, which make them truly satisfying cases.

Michael and Jude conclude their conversation with a discussion on the fears (and successes) of turning down cases. This is a hard practice to implement, but the benefits can be surprisingly tremendous toward living the life you want to live… a habit few understand and even fewer are successfully able to implement.

For more information about Jude Basile, visit: http://www.basilelaw.com/

Jude Basile has been instrumental in developing and presenting compelling case stories to move juries to do right. His practice is based out of San Luis Obispo California. He concentrates on working with other lawyers, throughout the state, as lead trial counsel, to continue to share, develop and expand the method of simple, yet powerful truth telling.

He has received 6 Outstanding Trial Lawyer awards from Consumer Attorneys of San Diego, including Trial Lawyer of the Year. He has been named California Central Coast Trial Lawyer of the year 3 times. He is past president of the Trial Lawyers College having been personally selected by legendary trial lawyer Gerry Spence.

His verdicts include 7 and 8 Ligure results against corporations and governmental entities, on behalf of individuals and families. He is an invited member of the prestigious Inner Circle of Advocates limited to 100 of the best plaintiff trial lawyers in the nation. He belongs to the exclusive membership of the Black War Bonnet Society, which stands for high achievement and discipline in the pursuit of physical mental and spiritual wellness.

He is a frequent, invited presenter to Trial Lawyer and Bar Organizations throughout the country.

He has practiced trial law since 1982. A member of the United States Supreme Court, California, Georgia and Federal bars.

He lives on the doorstep to Big Sur California with his wife and 3 children and enjoys hiking, and contemplation in the Coastal Mountains.

For more information about Jude Basile, visit: http://www.basilelaw.com/

15 – Phillip Miller – Understanding the Minds of the Jury

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In this episode of Trial Lawyer Nation, 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/

11 – Morgan Matson – A 360˚ Look at Legal Industry Recruiting

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with a licensed attorney and founder of Preferred Counsel, Morgan Matson. Morgan specializes in connecting job seekers with great firms and vice versa for law firms and legal departments in companies of all sizes who are looking for legal talent.

Starting as a litigator doing mass pharma defense work, then moving on to work for a smaller boutique firm handling medical defense litigation, Morgan found his purpose to be more of a “connector” than a “divider” which then drove him to start working for a recruiter and ultimately owning his own recruiting firm since 2007. He notes his enjoyment for working with small to mid-sized law firms mainly due to finding that “all the boxes that need to be checked” when those firms are looking for a candidate, become amplified when the office dynamics are much more close-knit than in a larger firm.

In a world that has taken “digital” job searches to seemingly every corner of the globe, Morgan is not only happy to be a legal “headhunter” but explains that his localized, relationship-driven recruiting tactics actually have an even greater competitive advantage in this day and age. Morgan leverages his experience as a litigator to find the needle in the haystack for law firms, oftentimes finding the people who are NOT actually looking to make a move to be the best candidates as they are happily working … until Morgan calls with a very unique opportunity. Michael also points out from his own experience the troubles that come with having to sift through hundreds of resumes and find many with exaggerated qualifications.

For those who are looking to break into the legal industry, Morgan sites that recruiters can be an extremely good resource along with professional social media platforms, such as LinkedIn. Morgan elaborates on LinkedIn as being a fairly under-utilized resource in that there are many groups you can join and ways you can find commonalities with others who are doing what you want to be doing, at which point you can connect with them and find out if there is an opportunity foreshadowing or being hired at their firm. Michael and Morgan also discuss the need to get involved and start having conversations with those who you aspire to work with, whether that’s through attending CLE courses and starting conversations, or by simply picking up the phone and politely pursuing those who are either in the position you want to be in or who may have the ability to hire you. All of this contact, of course, should be done with respect and in search of understanding what it may take to achieve your career goals.

Morgan reveals several other tips for candidates and those looking to hire talented legal professionals throughout the podcast and ends with a striking description of his firm’s fee structure, for both candidates and employers, which is likely not how you think … remember, “relationship-driven.”  Michael also uncovers a particularly beneficial reason to utilize a recruiter which ALL law firm partners can certainly relate to. All in all, Morgan is the type of recruiting resource any candidate can appreciate and any sensible law industry employer needs.

Background on Morgan Matson

Morgan is a 1999 graduate of The University of Texas School of Law. From there, he worked as a litigation associate with Fulbright & Jaworski (n/k/a Norton Rose) and later Ball & Weed, a litigation boutique where his practice focused on the defense of healthcare professionals in civil litigation matters and before the state licensing boards. In 2007, he founded Preferred Counsel, a legal recruiting firm focusing on the placement of lawyers and support staff in law firms and corporate legal departments throughout Texas on a direct hire, contract, and part-time basis.

 

For more info on Morgan Matson visit:

www.preferredcounsel.net

10 – Marion Munley – Building Equity in the Legal Industry from the Inside Out

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In this episode of Trial Lawyer Nation, Michael Cowen welcomes board-certified and award-winning personal injury lawyer, Marion Munley of Munley Law. Marion describes the long family history of strong female influencers who impacted the direction she took in becoming a trial attorney, as well as the inspiration she has drawn from them when giving back in a male-dominated industry.

Marion looks back at some of her more prominent cases in the trucking industry and recalls the lessons learned from research and expert testimony. The sheer volume of interstate highways that converge in her geographic location uniquely, and unfortunately, provide ample trucking cases which have only made her expertise in this focused field more honored. As the Chair-Elect of the AAJ (American Association for Justice) Trucking Litigation Group, Marion’s public speaking engagements have been vast in the trucking litigation arena.

Marion and Michael also explore some polarizing differences in approach when obtaining new cases or referrals and how egos, verdicts, and humbleness do not all fit into the same trial attorney personalities. Marion describes her approach to this and where it’s taken her over the course of her career. Hint, hint, her solid credentials tend to speak volumes, which they both agree are always to be added to in any successful practice.

Marion’s advice to lawyers moving into personal injury law is shared and she speaks directly to the importance of mentorship, training, and opportunities needed to be displayed to the next generation of trial attorneys. In fact, based on a study shared by the ABA, Marion sites that “we know that more women have to be groomed and mentored to become the first chair as there are women out there that are VERY capable and would be great trial lawyers who are just not getting the opportunity, and that all begins with just mentoring and trying to help young lawyers navigate what to do with their careers”… which is not often an easy task. It is clear and evident that Marion’s passion for mentorship comes from a desire to further add and build more equity into the industry.

Background on Marion Munley

Marion Munley is a senior partner in the Scranton law firm Munley Law. A champion of victims’ rights, Marion devotes her practice to representing individuals and families in personal injury litigation, with a special focus on cases involving a commercial truck and tractor-trailer accidents. Marion completed her undergraduate degree from the University of Scranton and earned her J.D. from Temple University School of Law.

Marion is an active member of the American Association for Justice and currently serves on the AAJ Board of Governors. She is Chair of the AAJ Women Trial Lawyers Caucus and the first female Chair-Elect of the AAJ Trucking Litigation Group.  Marion also serves on the Board of Trustees for the National College of Advocacy.  She is a member of the Pennsylvania Association for Justice where she serves on the Board of Governors and on its executive committee.

Munley is the second woman in Pennsylvania to become Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy. Among her other professional affiliations is the American Board of Trial Advocates and the International Society of Barristers.  She has been named to the Best Lawyers in America list by Best Lawyers since 2012. Marion has been selected to the list of Pennsylvania Super Lawyers for the last 15 years and has been consistently recognized as one of the Top 50 Women Lawyers in Pennsylvania by Super Lawyers Magazine.

Marion frequently travels throughout the United States to lecture on trucking litigation, and recently published an article in Trial Magazine on retrieving electronic data from a crash.

Throughout her career, Marion has demonstrated an unwavering commitment to mentoring other women lawyers. In 2016, the Pennsylvania Bar Association honored Marion with the Lynette Norton Award in recognition of her excellence in the law and her dedication to mentoring other women lawyers.

Click here for more information on Marion Munley

https://munley.com/our-attorneys/marion-munley/

09 – Artemis Malekpour – All-Inclusive Trial Strategy

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In this episode of Trial Lawyer Nation, Michael Cowen sits down with a nationally renowned trial consultant, Artemis Malekpour whose strength lies in her trial litigation strategy consulting. She describes it by boiling it all down to, “we help your case.”

However, the sheer magnitude of the scope of her work ranges from before you even file a case, to the end result, and everything in between, including focus groups, trial strategy, mediation strategy, discovery, pre-suit issues, voir dire, and opening statements to name just a few. Artemis describes her entry into the profession as coming initially from a background of psychology and starting down the pre-med path when realizations came to her, along with a pretty dramatic chain of events, that aligned her studies with a passion toward the legal industry. Her dilemma with the situation turned into learning more and taking in feedback from many different subsequent cases and being introduced to them from the inside, which eventually confirmed she was heading in the right direction for herself.

Empathizing with Michael, who also has a psychology degree, Artemis describes several of the cases she’s been through where the emotions start to take over and the desire to help everyone kicks in. Both Michael and Artemis give several examples of intake processes now firmly in place to help avoid accepting cases which are not suitable to take on both for the good of the firm or for the good of the client.

Artemis also opens up about her focus group experiences across the country, averaging sometimes around 40 per year, and divulges some of the trends she is seeing as a result of our current political climate. An interesting moment is a conversation between her and Michael about the power of silence, be it in the courtroom or with a focus group, and how it can be used to benefit your case. And while this technique and others are discussed, Artemis reinforces the importance of understanding there is no “magic formula” for success and describes what she believes the best trial lawyers do after trial.

The insights Artemis shares throughout the conversation are not just insightful, but practical toward any case. Michael jokingly refers to these insights as a “list of the things we do to screw up our own cases.” But we also know even that depiction is sometimes an understatement, which is why talking with Artemis was such a pleasure in this episode. She tells it like it is, and we all come out better on the other side.

Background on Artemis Malekpour

Artemis Malekpour is a partner in the litigation consulting firm of Malekpour & Ball.  With a background in psychology and psychiatric research, she specializes in focus groups, case strategy, damages, and jury selection.  Artemis did her undergraduate work at the University of North Carolina at Chapel Hill, then earned a Master’s in Healthcare Administration from UNC’s School of Public Health and a law degree with honors from Duke University.  She has consulted on a wide variety of cases across the country, with a knack for identifying potential landmines, incorporating her knowledge from years of watching jury deliberations and talking with jurors.

For more info on Artemis Malekpour visit https://www.trialguides.com/authors/artemis-malekpour/

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