Legal Podcast

Lay witnesses. Whether you call them eyewitnesses, ‘before and after’ witnesses, or damages witnesses, you need them to help you make your case. And sometimes the most unexpected ordinary people can be the greatest witnesses. 

“There’s obvious ones like the spouse or the children or family members of your plaintiff. But beyond that, there’s coworkers, there’s neighbors, there’s the pastor, there’s the guy that runs a corner store at the end of the block, their kid’s teacher…it could be a whole universe of people out there.”

On this episode of Trial Lawyer Nation, Michael Cowen and Malorie Peacock explore how to identify potential lay witnesses and the importance of building trust with these witnesses to ensure that they feel comfortable disclosing pertinent information. They also examine the importance of obtaining visual evidence, such as photos and videos, to make events more real for jurors. But when it comes to getting these lay witnesses, lawyers have to be willing to do the legwork.

Tune in to gain valuable insights and strategies for building a compelling case through effective lay witnesses.

Featured Guest

Name: Malorie J. Peacock

About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case.

Company: Cowen Rodriguez PeacockConnect: LinkedIn

Episode Highlights 

[03:28] Don’t call lay witnesses “moaners and groaners”:  Labels and words matter because they impact client and staff mindset. Clients are supposed to be survivors and not victims.

[05:59] Bullseye of witness credibility: Michael emphasizes the need to go beyond the obvious best friends and family members when identifying witnesses.

[08:48] Demystifying the legal system for witnesses: Lay witnesses don’t have any experience with the legal system. What they know is what they see on TV and it’s super dramatic. So explaining that to them is important in order for them to be comfortable in sharing their stories.

[13:30] The magic number for lay witness selection: Michael explains their process for getting quality witnesses.

[14:21] How to build trust with lay witnesses: Michael and Malorie share their insights on what you need to do to find, meet, and earn the trust of lay witnesses, and whether you meet them individually or in a group setting.

[27:26] Extracting the best witness testimony: Michael and Malorie emphasizes the importance of tailoring questions to the witness, the nuances of guiding non-natural storytellers in describing experiences, and how exploring the before & after of the plaintiff’s life can provide a richer narrative for the court.

[29:23] Using visuals to connect, comfort, and convince: Learn how the use of visuals provided by lay witnesses not only contributes to the credibility of a witness’s testimony, but also serves as a tool to calm nervous witnesses and help them relate their story with more ease and confidence.

[33:01] Nobody gets the witnesses that lawyers get: While you may be able to have your paralegal get things started, putting in the work yourself can lead to the discovery of more witnesses and better witnesses to build a compelling case, understand your client’s story, and tell it at trial. 

[35:37] The impact of early lay witness disclosure: Grasp how this strategy can shape the opposition’s perspective and recognize the dual role it plays – fostering comprehensive case readiness and sending a strong signal to the defense about your intentions.

Connect with Trial Lawyer Nation

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In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.

There are great episodes and there are John Romano episodes. This is not one you want to miss.

On this episode of Trial Lawyer Nation, Michael sits down with legendary trial lawyer John Romano as he shares wisdom acquired over five decades of law practice. John reveals valuable insights into the mindset of a winning trial attorney, practical preparation tips, the importance of  jury research, and even shares his pre-trial preparation checklist. Through personal anecdotes, John also addresses the fear frequently felt by young lawyers and offers practical advice for persevering.

There’s still time to sign up for Cowen’s Big Rig Boot Camp CLE Trucking Seminar. We’ll be covering the Nine-Step Method for Maximizing Value in Trucking Cases, Proving Corporate Negligence, Claims Against Other Parties, and more! Register now at BigRigBootCamp.com

Featured Guest

Name: John Romano

About: John Romano is a founding partner of Romano Law Group, a personal injury law firm located in West Palm Beach, Florida. John has successfully represented clients in a wide range of personal injury cases, including auto accidents, wrongful death, medical malpractice, and has successfully litigated to a verdict nearly every type of civil and criminal case. He is a civil trial advocate board-certified by the Florida Bar and the National Board of Trial Advocacy, as well as the American Board of Professional Liability Attorneys.

Company: Romano Law Group

Connect: LinkedIn

Episode Highlights 

[03:52] A marine’s leap into the legal world: John, a former marine, recounts his journey of finding his true calling as a trial lawyer.

[09:11] The vital role of mentors, seminars, and practical skills: John attributes his professional growth to the valuable lessons absorbed from seasoned lawyers and extensive workshops. He also delves into learning about the innovative use of jury research via mock trials and focus groups which honed his trial abilities.

[12:12] Debunking the myth that ‘it’s so tough to get trials’: Romano argues that trials are there, but that sometimes plaintiff lawyers look for ways to get out of trying a case. But he underscores that the client’s welfare should remain the overriding factor in all decisions. 

[15:33] Fostering hope in the face of legal challenges: John goes into the mental aspects of lawyering, particularly the interplay between fear and hope during trials. He advocates for embracing fear, transforming it into courage and action in the interest of clients. 

[23:30] Secrets in tackling a spectrum of cases and strategies: Romano shares insights from a variety of civil and criminal cases.

[29:08] The power of early preparation and preservation of evidence: John emphasizes the importance of proactive case preparation. He details the process, from the preservation of evidence to theme development, treating depositions as significant events, and the utility of written discovery. He also endorses early engagement with a trial consultant.

[33:18] Unpacking the pre-trial preparation checklist: John shares his pre-trial preparation checklist includes communication with defense counsel and going over deadlines, among other things.

[39:14] Leveraging facts, jury research, and persuasion: Romano shares his key strategies for successful case handling, underscoring the role of good facts, jury research, compelling opening statements, and effective persuasion techniques.

[44:29] Communicating effectively for impactful legal arguments: John explores the art of persuasion, emphasizing its role as a tool to help others understand and connect with one’s ideas rather than to force acceptance.

[47:34] The profound influence of mentors in the legal profession: Concluding with a poignant reflection on mentorship, Romano asserts its profound importance. Mentors, he says, offer more than just knowledge; they provide guidance, protection, and personal fulfillment, and can come from any walk of life.

Connect with Trial Lawyer Nation

☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.

In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.

If you practice law long enough, you are bound to come across a difficult client. On this episode of Trial Lawyer Nation, Michael and Malorie tackle setting expectations for communication, documenting actions taken in each case, and laying the groundwork early for client satisfaction.

The episode also explores the challenges of identifying the source of clients’ demands and concerns, and reminds listeners that it is ultimately the client’s case and that they have the final say.

Additionally, Michael and Malorie discuss the essentials to a successful law practice such as: the importance of keeping promises and the significance of clients who are willing to trust their lawyer’s advice.

Finally, Cowen’s Big Rig Boot Camp CLE Trucking Seminar is discussed, where interested parties can register to learn about topics such as maximizing value in trucking cases, proving corporate negligence in company vehicle cases, and more! Visit Cowen’s Big Rig Boot Camp to register.

Featured Guest

Name: Malorie J. Peacock

About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case.

Company: Cowen Rodriguez Peacock

Connect: LinkedIn

Episode Highlights 

[04:31] Trial guide book and Boot Camp announcement: Michael shares his upcoming trial guides book, his mini-method, opening statements guide, & key resources, all available at the Big Rig Boot Camp. 

[06:54] Into the mind of a difficult client: Understanding the reasons behind their clients’ challenges with empathy will enable lawyers to better navigate their clients’ needs during their toughest times. 

[08:28] Navigating demands and emotional challenges of both yourself and your clients: Approach difficult conversations with patience, and focus on getting in the right headspace to listen and to care. 

[11:22] Effective client communication is key to retention: Set clear communication expectations, such as frequency and preferred method of communication, to ensure client satisfaction.

[19:21] Case management programs: Highlighting the benefits of using case management programs to document conversations, provide records, and clarify who spoke with the client.

[22:17] Boundaries and Expectations: It is important to tell clients how and when their lawyer is accessible, and their lawyer’s preferred work style, such as whether they can expect their lawyer to answer an unscheduled phone call from them.

[25:34] Client decision-making in legal cases: Discussing instances where clients demand extreme settlement amounts or engage in negotiation strategies that may hinder the possibility of reaching a favorable resolution.

[33:30] Surviving toxic clients: Is the juice worth the squeeze? Michael and Malorie discuss the importance of identifying when a client is not the right fit, and taking appropriate measures to address such situations.

[40:53] Keeping clients happy: Sharing insights regarding instances where clients may prioritize closure, healing, and emotional well-being over maximizing financial outcomes, and strategies lawyers can use to build trust with their clients.

Connect with Trial Lawyer Nation

☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.

In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.

On this episode of Trial Lawyer Nation, host Michael Cowen is joined by Peter Anderson, a former insurance claims manager, renowned trial lawyer, and founder of the Law Offices of Peter M. Anderson. 

They discuss Peter’s innovative use of simple props and analogies to convey complex medical information to juries, the importance of being calm and prepared in trials, and the challenges of selecting arguments. They also delve into the significance of empathy and respect in depositions, Peter’s approach to calculating damages, and the value of self-care in maintaining a successful legal career. Peter shares insights from notable cases he has worked on, emphasizing the importance of knowing oneself and mastering the art of oration, as well as understanding insurance companies’ tracking methods in settlement negotiations.

Featured Guest

Name: Peter Anderson

About: Peter M. Anderson “PMA” is a former insurance claims manager, national trial tactics lecturer, and expert dirt bike racer. He has tried jury trials every year for two decades, and during this time he’s won over 96% of his jury trials. Attorney Anderson has received money in 16 straight jury trials, and in the past two years he has tried five 18-wheeler semi-truck jury trials. Colorado-based attorney Anderson co-counsels large semi-truck cases, and this year, in 2023 alone, he’s received over $12M in jury verdicts, and with his truck crash settlements this year has exceeded $40 million.

Company: www.coloradopersonalinjury.com

Connect: LinkedIn

Episode Highlights

[07:42] Effective communication with props and analogies: Peter uses props and analogies to explain things like nerves carrying pain or illustrating the weight of the human head, to help jurors understand complex concepts.

[13:56] The importance of self-education and personal growth: Peter engages in constant learning through reading trial guides and holding seminars. He also dedicates himself to self-improvement, waking up early to practice voir dire and voice work. 

[25:40] Developing an emotional connection with juries: Peter builds credibility, trust, and emotional connections with jurors by sharing vivid scenes and stories that resonate with them.

[28:27] Gathering powerful stories: Peter spends time listening to clients, seeking powerful moments that emotionally resonate. He uses the “20-20-20 rule” to identify critical aspects of the case.

[33:15] Respecting experts and delivering strong closing arguments: Respecting experts, choosing the moral high ground, and delivering compelling closing arguments that connect with jurors’ emotions are all important.

[49:36] Distinction and board certification for trial lawyers: Peter and Michael discuss the possibility of a distinction or board certification for trial lawyers to recognize the specific skills and dedication required in trial work.

[54:18] Uncertainty and change in the legal industry: Peter and Michael express uncertainty about the future of the legal profession. They discuss the rise of trial teams in advertising firms and the potential impact of non-lawyer ownership of law firms.

Connect with Trial Lawyer Nation

☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.

In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.

In this week’s episode, Michael Cowen and Malorie Peacock discuss the importance of accurately valuing personal injury or wrongful death cases.

They recommend lawyers form groups to discuss and share insights on case valuation, using a carefully curated form to identify critical factors influencing a case’s value.

The round table can also provide a more confident and persuasive stance when negotiating with insurance companies or at mediation. Michael and Malorie emphasize the importance of determining when a case is ripe for settlement and the need for sufficient information to be gathered before engaging in negotiations. They challenge the notion that sending a demand letter makes a lawyer look weak and highlight the importance of considering all relevant factors, such as medical bills, potential for future treatment, insurance coverage, and the likelihood of winning at trial.

Case valuation is an art that requires careful analysis and consideration of all available information. The attorneys also encourage lawyers to form mastermind groups to share ideas and perspectives on cases, improving their knowledge and skills.

Featured Guest

Name: Malorie J. Peacock

About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case.

Company: Cowen Rodriguez Peacock 

Connect: LinkedIn

Episode Highlights 

[01.11] Accurately valuing personal injury cases: The hosts emphasize the importance of accurately valuing personal injury cases to ensure that clients receive fair compensation for their injuries.

[06.12] Considering all relevant factors in case valuation: Correctly valuing a case requires considering all relevant factors, including liability, damages, insurance coverage, and potential jury verdicts

[08.11] The importance of gathering sufficient information: Engaging in settlement negotiations without adequate information can result in missed opportunities, undervaluing or overvaluing a case, and a less favorable settlement outcome

[11.07] Challenging the notion that sending a demand letter is weak: Sending a demand letter can be a powerful negotiation tool that can demonstrate a lawyer’s confidence in their case and their willingness to fight for their client’s rights

[20.23] The round table approach to case valuation: The round table allows for a more comprehensive analysis of a case and helps lawyers prepare a stronger negotiation strategy.

[30.41] Improving knowledge and skills through mastermind groups: The hosts encourage lawyers to form mastermind groups for improved knowledge and skills. They discuss the benefits of collaborating with other lawyers and provide tips for finding or creating a group. 

[32.39] Using a carefully curated form to identify critical factors: Using a carefully curated form to identify key factors can help lawyers systematically and objectively evaluate a case’s strengths and weaknesses, which can lead to a more accurate valuation.

[36.43] The benefits of sharing knowledge within the plaintiff’s bar: Plaintiff attorneys shouldn’t see each other as competitors but rather as colleagues who can collaborate and share knowledge to improve their skills and the quality of legal representation for their clients.

Connect with Trial Lawyer Nation

☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.

In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.