masks

74 – Ed Ciarimboli – Masked Justice: Part 3

In this episode of the Trial Lawyer Nation podcast, Michael sits down with fellow trial lawyer Ed Ciarimboli from Pennsylvania. Ed is part of the elite class of lawyers who have been able to take a case to trial in the COVID era. And with the final witness testimony being so monumental to the case that they settled immediately after he left the witness box, this trial story is one you need to hear to believe!

They begin with a brief discussion of Ed’s background and how he started trying cases. A partner at a 12-lawyer and 3 location firm, Fellerman & Ciarimboli, Ed mainly focuses on commercial motor vehicle cases. He got into the AAJ speaking circuit about 9 years ago, where he began to really hone his skills as a lawyer. It was a couple of years after that when he was told he needed to become great at trying cases. When Ed asked why, the other lawyer responded, “Because you’re the worst lawyer I’ve ever seen at settling a case.” So, Ed took the advice and has since focused his energy on being as comfortable as possible in the courtroom.

When asked to elaborate on what he did to develop his skills as a trial lawyer, Ed insists the biggest factor was his investment in his education. He urges young lawyers to do more than join a webinar- they should go to conferences and workshops to truly focus on the different aspects of trial and HOW they’re doing it. Body language and movement are crucial to a lawyer’s performance in the courtroom, and after working with a long list of consultants and gurus on these topics, Ed encourages everyone who wants to be a great trial lawyer to put the effort into this.

He then clarifies that this doesn’t mean following the dogmatic approach of one pro- it’s about learning the fundamentals (taking depositions, cross-examinations, etc.) then studying different approaches to storytelling and choosing the best one for your particular case.  This approach requires much more work than a cookie-cutter strategy, but both Ed and Michael agree that it’s well worth the effort.

Michael then starts to dig into the facts of Ed’s case, which was unique and incredibly tragic. Ed explains how the defendant company purchased a huge molding machine from a broker. The defendant company signed the paperwork and assumed responsibility for the machine, then hired a crane company for the rigging and transportation of said machine. The crane company was told nothing about the details of the machine, notably the 55-gallon drum of hydraulic fluid still inside the machine. In the process of moving the machine onto the flatbed truck for transportation, the hydraulic fluid sloshed to the side and caused the machine to tip over onto Ed’s client, killing him instantly.

Ed then explains how they ended up suing the company who purchased the machine and shares how his extensive work on commercial motor vehicle cases set him up for success on this case. Ed knew the Federal Motor Carrier Safety Regulations “100 million times better than the defense,” which he used to his advantage in placing the blame on the defendant company whose only real defense was, “We hired this company.”

Michael continues the conversation by asking Ed how jury selection was handled. Ed shares how voir dire was conducted in a large old theater instead of a courtroom in order to allow for safe spacing between the potential jurors. And while he admits he was more nervous for this jury selection than any he’s ever done before, the process went incredibly smoothly. He gives high praise to the judge, his jury consultants, and the jurors themselves, stating, “I truly believe we won this case in jury selection.” He also notes that the demographic composition of the jury pool was not skewed, something which will surprise listeners who believed COVID would cause people to resist sitting on a jury.

Ed then shares the setup of the courtroom, which included the jurors sitting in the gallery with two large screens in front of them. He explains in-depth the lengths he and his team went to effectively present to a jury largely spaced out, including the widespread use of visuals that any trial lawyer trying to get back in the courtroom needs to hear.

Michael then digs deeper into Ed’s sequencing of the case and presentation to the jury, which is something he did with incredible craft and thoughtfulness. He began by simply stating, “George James went to work one day and never came back. Why?” before introducing the jury to the company, who was very experienced in dealing with hazardous materials. He then boiled this complex case down into one simple graphic of the transportation cycle, highlighting the defendant company was both the shipper and the receiver of the machine.

Ed then called the corporate representative as his first witness, who did “TERRIBLE,” and came off smug, angry, and unwilling to accept the responsibility which was so clearly his. Next was their expert, then the moment which Ed was most concerned about, the client’s blue-collar co-workers from the crane company. His fears were quickly abandoned as these witnesses talked plainly and honestly about their lack of experience with hazardous materials, further securing the blame on the defendant company who assumed the responsibility. But the most powerful moment of all was seeing the way they all talked about Ed’s client and how amazing of a person he was, causing many of them to break down on the stand.

As the trial went on, the defense kept offering more money to settle the case, but it was nowhere near enough. Ed had rested and was ready for closing until the defense called their final witness, an economic expert. While Ed had chosen to leave economic damages out of the case completely, the defense thought it wise to have their witness testify that based on the client’s income and life expectancy, his life was only worth $61,000.

Considering the client was such an upstanding person that his EX-WIFE was one of the key damage witnesses, this was a shocking move. After Ed’s brutal cross-examination of this witness (which you need to hear to fully appreciate), he was rushed in the hallway by corporate counsel eager to settle for the amount he wanted. Ed agreed and the case was settled right before closing.

While Ed’s trial story and success in the age of COVID are admirable, Michael wants to know – would Ed recommend other lawyers to push their cases to trial, or should they wait until COVID has passed? Ed simply states, “I say do it.” It’s scary filled with uncertainty, but as lawyers, we are not doing our jobs if we are not pushing our cases.

As a follow-up, Michael curiously asks, “What about if your only option is a Zoom trial?” to which Ed is a bit more hesitant. They go back and forth discussing the merits and limitations of Zoom trials, which Michael is set to partake in starting February 1st. Ed praises Michael for taking this leap and wishes him luck in this upcoming trial.

This podcast episode also covers why sequencing your witnesses properly is so important, using experts, how Ed found his “best jurors,” the details of the FMCSR’s on transporting hazardous material, what the jurors said when Ed reached out to them post-trial, and so much more. This is truly an inspiring trial story that you DON’T want to miss!

 

Interested in hearing more COVID era trial stories? Check out our other Masked Justice episodes:

 

Guest Bio:

Attorney Edward Ciarimboli is a founding partner at Fellerman & Ciarimboli Law PC. He graduated from Wilkes University with a dual degree in political science and engineering and applied science. While at Duquesne University School of Law, he was admitted to the Order of Barristers for Excellence in Courtroom Advocacy and was named a national semi-finalist in the American Trial Lawyers Association Moot Court Competition.

After receiving his Juris Doctor, Attorney Ciarimboli served as a law clerk to the Luzerne County Court of Common Pleas and the U.S. District Court for the Middle District of Pennsylvania.

Attorney Ciarimboli concentrates his practice on trucking and auto collision and medical malpractice litigation. He is active in many professional organizations, including the American Association for Justice, the Pennsylvania Association for Justice, and the Luzerne County and Pennsylvania Bar Associations. He serves on AAJ’s National College of Advocacy Board of Trustees and the Board of Governors for the Pennsylvania Association of Justice, donates to AAJ’s PAC, and is a member of AAJ’s Trucking Litigation Group; Motor Vehicle Collision, Highway and Premises Liability; Insurance Law; and Professional Negligence sections.

Attorney Ciarimboli has been selected for inclusion in the Pennsylvania Super Lawyers® list every year since 2008. He was named Top 40 Under 40 by the National Trial Lawyers Association and named to the Top 10 National Trial Lawyers’ Trucking Trial Lawyers Association. He was also named as one of the Nation’s Top One Percent by the National Association Distinguished Counsel.

In addition to his extensive trial practice, Attorney Ciarimboli frequently teaches lawyers across the country on both deposition and trial skills.

Attorney Ciarimboli is also an active member of his community. With his partner, Attorney Greg Fellerman, he began the Safe Prom Pledge in 2010 as a way to promote a drug-free and alcohol-free prom night for students throughout Eastern Pennsylvania. To date, they have spoken to more than 25,000 high school students on the dangers of driving under the influence of drugs and alcohol.

Attorney Ciarimboli lives in a 115-year-old farmhouse with his wife, Jennifer, their children, two dogs, two cats, countless chickens, roosters, and an occasional pheasant.

 

17 – Jesse Wilson – Turning Victims into Victors in the Trial Lawyer Theatre

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with communications specialist, speaking coach, and jury trial consultant, Jesse Wilson. As a student of Julliard and with a background in theatre, TV, and film, Jesse’s transition to the trial lawyer consulting world doesn’t seem ironic at all seeing as every courtroom shows us different characters. Ask him what he does, and his answer is “I help human beings become human beings in front of other human beings,” describing his talent to a “T.”

From his early studies in theatre, one technique he was taught using masks made such an impression on him that he continues to use it to this day. Literal face masks are a powerful communication tool as well as a strong metaphor for the masks we wear in our lives, Jesse says. As the old saying goes, “what we resist, persists,” and they (masks) allow us to turn toward the dark and deplorable and use them as an opportunity. Jesse describes his initial success using masks came while directing inmates in jailhouse theatre where they were able to play different roles in order to understand different perspectives.

Today, Jesse uses these techniques with trial lawyers and clients alike to aid in showing the human spirit in the courtroom and fighting against the natural urges to cast themselves as the “characters” they think the jury wants to see them as. He discusses in more depth the need not to show emotion but rather to be emotionally available and the need to show that your client knows joy, can feel joy and is fighting for joy. If you don’t do that, then you end up becoming your own audience member and the jury no longer has the ability to become the “hero.” It’s the worst thing that can happen to an actor as well as for a trial lawyer. In the end, our job as lawyers is to show what our clients have lost, and in order to do that, we need to show the jury what they had by talking about the times of joy. We and the jury can feel the loss 1,000 times more through the joy than through the grief. In other words, Jesse points out, we don’t need to show their grief or tears, we need to show that they are a fighter, and the subtext in this paradox is revealed that the one thing that is more powerful than a man crying is a man trying not to cry.

The process Jesse uses isn’t cookie cutter by any means: he spends as much time as possible with the client being the human sponge and soaking up all the information he can and then “squeezes the orange” to formulate the narrative, language, and themes. By using movie questions like What’s your favorite movie? Who’s the main character? What is his main obstacle (the thing that is holding them back from what they want)? This helps to create an understanding of the story while avoiding talking about their own life in order to put them on common ground. He goes on to ask – if you took away the main obstacle, would you want to see the movie? Most, of course, say no without hesitation because it would be really boring and the story would have no place to go. Kind of like in the movie Jaws if you were to take away the shark. This conversation then sets the stage and helps clients to understand the importance of the struggle and the value of the story in its entirety, which eventually leads to talking about the details of their own story.

Michael relates a similar example where a client lost her right arm and was right-handed. In the beginning, they were just showing liability and mentioned the amputation and the focus group felt that “sure the case is worth $1M and she is probably trying to cash in and doesn’t want to work anymore” and a lot of other negative things. Then they showed video of her doing cross fit, saying she’s not going to let this beat her, lifting more weight with her left hand than she used to with both hands, and the focus group numbers just skyrocketed for what they were willing to give. All because she was no longer playing the “victim.” Michael refers to it as displaying the hope dynamic where if you are asking the jury to help you, they need to see what you are doing to help yourself.

Of course, no amount of money will ever make our clients’ lives whole again, but what you’re doing is helping them to continue to get better. They discuss that it’s really a tough position to be in during a trial because clients feel like they need to stay hurt and not move forward, yet they are really hurting themselves more by NOT continuing to move forward. Jesse also points out that it is one thing to work with someone who has had a lifetime of joy and then (bam!) it’s lost due to a death or injury, but it is another to work with someone who might have a lifetime of abuse or neglect or has a negative self-image and needing to somehow get them to the point in the eyes of a jury where we can understand the extent of their loss. Certainly, a deep and difficult discussion to have for anyone, but an important one to uncover the emotional evidence in a case.

Michael and Jesse conclude their conversation discussing the other “roles” that need to be cast in the trial story like the villain, along with the characteristics and conduct that reveal them as villains. Truly a powerful and enlightening peek behind the curtain of the great work Jesse is bringing to the courtroom in some of the country’s biggest cases.

For more info on Jesse Wilson visit: www.tellthewinningstory.com

 

Workshop Discount: Trial Lawyer Nation listeners are able to receive a 10% discount on any of Jesse’s workshops in 2018 or 2019. To take advantage of this discount, please sign up for a workshop through his website and use the access code PODCAST.

 

Jesse Wilson is a communication specialist, speaking coach, and jury trial lawyer consultant. A Juilliard Theater graduate, after 20 years of working in the world of theater, TV, and film, he has created “Tell The Winning Story” to empower trial lawyers to deliver high-impact presentations, as well as rapidly transform their communication and collaboration skills to effectively prepare clients and witnesses to testify. Jesse was inspired to create “Tell The Winning Story” after co-developing a Theater-Behind-Bars program for inmates.  The program helped inmates make powerful changes in their lives.

The true power of a story always comes from inside us, the storyteller… And the path to developing a winning story begins with the lawyer owning their own story. “Tell The Winning Story” provides the lawyer the difference between telling a “hidden, safe, ‘surface’ story,” and powerfully connecting to a story that goes right to the heart of their audience, whomever that audience happens to be.

Jesse’s hands-on training are featured in his seminars, law firm retreats, intensives, workshops, and webinars.

For more info on Jesse Wilson visit: www.tellthewinningstory.com

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