Michael Cowen

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Two of the most difficult career paths are running your own business and practicing as a trial lawyer. They both take time, energy, commitment, and exceptional ability in your craft. However, when running your own law firm, you’re tasked with doing both. It can be easy to mismanage the business side or let your abilities as an attorney waiver when one takes control of the other. So how do you balance the two for an exceptional law practice?

In episode 119, Michael Cowen speaks with Sonia Rodriguez, his fellow Partner & Trial Lawyer at Cowen, Rodriguez and Peacock PC about how they run their law firm. On this episode of Trial Lawyer Nation, Michael and Sonia discuss balancing being great lawyers and running a great firm, hiring and coaching decisions, how team building can impact the success of your efforts, taking the right cases at the right time, and much more.

Featured Guest

Name: Sonia Rodriguez

About: Sonia Rodriguez is a native of San Antonio. She graduated from Burbank High School then completed undergraduate studies at the University of North Texas in Denton, Texas. In 1999, Sonia received a Juris Doctorate degree from St. Mary’s University School of Law, in San Antonio, Texas, where she served as an editor and a co-founder of The Scholar: St. Mary’s Law Review on Minority Issues. Since then, Sonia has represented individuals and families who have been injured or have lost loved ones due to the negligence of others. Sonia’s commitment to serving her community through honest and fair legal representation was inspired by her father, a passionate labor organizer and her mother, a hard-working and loyal former paralegal.

Company: Partner And Trial Lawyer, Cowen | Rodriguez | Peacock

Connect: Linkedin

Key Points

Top takeaways from this episode 

• Your law firm is a business. Is it healthy? Reminder that a law firm is a business. It’s important that you periodically gauge where your firm stands on its goals for growth, quality, income, and other goals you may have set to ensure it’s running the way you envision it.
• How to manage your new team members from the business and law sides of the firm. Managing a team is a skill. It’s imperative that you hire team members from both the business and law side of the firm that fit your firm’s culture, quality, and vision. That also means that as the firm grows, your team members may not grow with it whether from their decision or yours. You must communicate the past, present, and future of your firm to your team so that you can all work together as smoothly as possible.
• How to balance running a law firm and practicing law by hiring exceptional team members. You’re not going to enjoy or thrive in every section of running a law firm. The key to balancing the things you enjoy and the things you don’t is hiring exceptional team members to handle things like marketing, advertising, human resources, etc.

Episode Highlights 

[02:19] Evaluate Your Business Health: Keep an eye on what works and what does not in your law firm

[09:15] Creating Systems Of Accountability In Your Business: As you are looking to manage your business health, also gauge your personal and team accountability. 

[13:56] Keeping up with a drastically changing job market: How Michael and Sonia have kept up with their team’s needs with a changing job market.

[26:49] Managing your team, especially with new lawyers: When working with a team, learning to adjust behaviors and expectations is imperative for a healthy team culture.

[38:09] How to balance being an exceptional lawyer with an exceptional law practice: Although your time is eaten up by running a law firm business, there are many methods and practices that you can apply to balance the law firm with practicing law yourself.

[42:24] Best practices for coaching team members: It can be difficult telling a team member you don’t like what they do, but by using radical candor you can help a team member be better for them and for the rest of the team. 

[40:32] Hiring for the things you don’t want to do: One of the keys to balance is to hire a great team to handle the business side of a law firm so you can focus on the practice side.

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.

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Big insurance cases can become complicated quickly. The ins and outs, layers of coverage, and strategies aren’t a one-size-fits-all, but learning from someone who has spent years putting on the parachute and jumping out the plane can save you from many of the headaches that follow.

With a storied career ranging from big law and excess coverage, to truck accident and personal injury, Deena Buchanan has earned the skills to pay the bills and chooses to pay it forward. Since her switch from big law and Fortune 500 in-house counsel to the plaintiff side of law, Deena holds valuable insight that can apply to both sides of the court. 

In episode 118, Michael Cowen speaks with Deena Buchanan, Managing Partner at Buchanan Law Firm, LLC. On this educational episode of Trial Lawyer Nation, Michael and Deena also discuss what it’s like running a law firm, giving advice and brainstorming with less experienced attorneys, different excess cases, not settling against major corporations, and much more.

Featured Guest

Name: Deena Buchanan

About: Deena Buchanan brings more than 20 years of experience, thoughtfulness and a commitment to strong advocacy to every case she handles. 

Deena has been a trial attorney since she was admitted to practice, and she’s earned high regards from judges, clients and other attorneys. She’s known for her thorough preparation, her oral advocacy skills during trial proceedings, and her poise and composure in any situation. She has tried employment, personal injury and wrongful death actions. She’s also represented insurance companies and major corporations, for many years, so she knows what to expect from the other side.

Though she has considerable experience in a number of jurisdictions, Deena focuses her current practice on controversies arising in New Mexico. She has a comprehensive knowledge and understanding of the laws and procedures in New Mexico, as well as local trial practice.

Company: Managing Partner, Buchanan Law Firm, LLC

Connect: Linkedin 

Key Points

Top takeaways from this episode 

• How do you know when there is excess coverage? It can be easy to overlook the specifics in big insurance cases, especially when there’s a large settlement offer. However, by doing this, lawyers often leave money on the table. By asking in discovery early and often about the coverage you see, you can pick out wordings and layerings being used to hide the actual amount your client could be up for. 
• You need to build relationships with adjusters and decision makers. Often with insurance cases, your information is based on what is collected and provided by the defense lawyer. They’re often overworked or a true believer in the case and want to make it difficult for you to get the policy information you need. This is why it’s important to build relationships with adjusters who can get you the information you need, work around the people withholding or dragging their feet, and build your name in the industry.
• You can drive up the value of your case. By serving with complaint, pushing in discovery with motions to compel, and giving notice for depositions early, you can push the value of your case for your client up. You’re showing that you’re serious both to your client and to who you’re going after, showing you won’t settle for less or be pushed around. By doing this it strengthens a long term relationship with your client, not just adjusters, and opens the chance for them to gain higher compensation more quickly.

Episode Highlights 

[02:35] Deena’s Background that led her to a successful career in law: How a career spanning many different areas can prepare you for your next steps. 

[10:32] Don’t settle when there’s money on the table: It’s common for lawyers to settle for less money when they don’t quite understand the policies they’re covering.

[16:14] Finding the pressure points on the carrier: Deena talks about the pressure points you want to find for a carrier to settle the covered claim in an insurance case.

[21:56] Plaintiff lawyer questions: Deena shares specific ways a plaintiff lawyer can make sure the right information makes it to adjusters.

[30:09] How a plaintiff lawyer can drive up the case value: Deena shares ways that plaintiff lawyers can show they’re serious and drive up the relief for their clients

[35:28] How management changes affect relationships: You want a good relationship and to run a good case to avoid breaking down relationships with management at insurance companies or head adjusters.

[37:46] Experienced lawyers are willing to help you with advice: Deena and Michael discuss the fear that younger lawyers may have of asking for advice on a case – fearing that they will have to bring someone new on. But that’s not the case! Ask for advice and to brainstorm all over. 

[41:33] What work Deena is doing now: Deena switched to the plaintiff side of law and has never been happier. She mainly focuses on trucking cases now, and carries her knowledge throughout her career. You can reach Deena on her website at Buchananlaw.com.

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.

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When it comes to personal injury law, the client-firm relationship can be fairly transactional. Most clients aren’t talking about their personal injury cases with their network, and lawyers hope that their clients don’t get injured again and become repeat customers.   

But when you have mostly transactional, single-case relationships with clients, how can you gain more business? If your personal injury clients aren’t telling their network about you, who will?

One of the most rewarding methods for gaining more business is referral marketing. Creating longstanding attorney referral relationships gives you a pipeline for more cases, helps you build a reputation, and keeps your firm top of mind in the industry. However, in order to succeed with referral-based marketing, you have to cultivate your relationships and think about what the other person wants. 

According to Michael Cowen and the team at Cowen Rodriguez Peacock, you have to give back in order to grow your referral-based business. Take referring attorneys out to lunch or to an event that they would enjoy. Or, give them a gift that’s personalized (and doesn’t have your firm’s name or logo on it). However you decide to show gratitude to your referral partners, it’s important that you create a system to follow up, check in every now and then, and continue nurturing that relationship.

Above all, Michael says that it’s important to create a culture of sharing and respect and keep your promises with referring attorneys. You don’t have to take every case that comes your way, and you can’t guarantee the outcome of a case. You can, however, promise to work hard, keep clients informed, and honor the deal you made. 

In episode 117, Isabella Santellan, the Marketing Assistant at Cowen Rodriguez Peacock, asks Michael Cowen all of the essential questions about building a referral-based business and tending to referral relationships. Listen to this episode of Trial Lawyer Nation to hear Michael’s advice on building a referral network and nurturing relationships, turning down referral cases, and simplifying the referral process for your firm. 

Featured Guest

Name: Isabella Santellan

About: Isabella Santellan is the Marketing Assistant at Cowen Rodriguez Peacock. She was born and raised in San Antonio, TX and recently received her B.B.A in Management from the University of Texas at San Antonio. As the Marketing Assistant, Isabella runs the firm’s social media, helps plan events, and works to ensure they provide an unforgettable experience to everyone they work with. In her free time, Isabella enjoys traveling, golfing, and spending time with her family.

Company: Cowen Rodriguez Peacock

Connect: LinkedIn

Key Points

Top takeaways from this episode 

• Start with the people you already know (and don’t be too picky about cases). It’s difficult to come out of law school and have the reputation and network needed to create a referral-based business. Michael Cowen suggests you get your foot in the door by being hungry, humble, and persistent. Take cases from those who are already in your network and expand your business from there.   
• Give your referring attorneys what they want. It’s important to stay top of mind when you’re building a referral-based business. How do you do this? Michael says you need to give back to your referral partners. Take your referring attorneys to lunch or to an event that they might enjoy. You could also give them a call, send a handwritten thank you note, or give them a gift (without your firm’s name or logo on it). However you show gratitude, you have to do so with the other person in mind.
• Nurture your existing referrals. When trying to build a referral-based business, many firms make the mistake of moving on to new referrals without nurturing existing partnerships. But the key is to create longstanding relationships with attorney referrals. It’s much harder to convince someone new to send you the first case, and it’s more fruitful to put effort into the connections that are already sending business your way.   

Episode Highlights 

[02:40] The foundation of great attorney referral relationships: The key to establishing great referral relationships is nurturing your connections, setting expectations upfront, and making sure you stay top of mind.

[06:05] The three things a referring lawyer or co-counsel wants: Every referring lawyer or co-counsel wants as much money as possible, as quickly as possible, without client complaints. Michael Cowen breaks down the details of how to achieve this. 

[07:27] How to keep a referring lawyer’s attention: Michael shares Cowen Rodriguez Peacock’s strategies for keeping a referring lawyer’s attention and making sure they choose you over competitors. 

[09:07] Turning down a referral’s case: The number one step to respectfully turn down a referral’s case is to do it swiftly. It’s hard to say no, but it’s better than accepting a case that you’ll later regret. Michael also suggests directing a case to a different firm and offering a possible solution. 

[12:00] What you can and can’t guarantee to a referring lawyer: You can’t guarantee the outcome of a case, but you can promise that you’ll work hard and keep the team informed about the details of a case. 

[13:13] How a new attorney can build their referral network: Start with people you already know. From there, you can build out your network and run your business on referrals. Especially when starting out, you have to get your foot in the door — you can’t be too picky about cases until you build your reputation.

[18:30] Michael’s experience with referrals: Michael shares his advice for working with referring lawyers and developing your referral process. He also talks about the big mistakes he made early in his career and how you can avoid those same mistakes. 

[25:32] Simplifying the referral process: The key to simplifying the process for referring attorneys is to remove the bottlenecks. If you’re busy, put them in contact with someone else on your team who can give them the time and attention they need. For Michael, getting clear on criteria for automatic ‘yeses’ and ‘nos’ can help simplify the process as well.  

[26:51] Other methods to gain referrals: Michael explains how his seminar, Big Rig Boot Camp, and his podcast create a referral funnel and generate more business. 

[30:43] What to do after you win the referral: It can be tempting to constantly look for new referrals, but Michael advises you to spend more time and effort on your existing referral relationships.

Connect with Trial Lawyer Nation

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

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or 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.

Podcast: Play in new window | Download

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Michael Bonamarte wasn’t always set on being a trial lawyer. In college, he started out on a pre-med track, eventually discovering a passion for the law. Now, he runs a successful firm with 20 years under his belt — and a $20 million verdict. What does it take to reach this level of success?

Throughout his career, Michael soaked up knowledge from the greats in his industry. From mentors and partners to books and other educational tools, Michael made sure he was learning everything he could so that he could go to bat for his clients. Because of this passion and drive, Michael won a plethora of large cases. 

One of these large cases received a successful $20 million verdict. This multimillion-dollar case covered a difficult birthing complication, where the baby, AJ, was diagnosed with fetal growth restriction at 40 weeks. Significant changes in the fetal heart rate strips were not brought to the attending doctor’s attention, and ultimately, AJ suffered brain damage. Although he should live a regular life expectancy, AJ’s neurological function is limited and he will likely need custodial care for the rest of his life.

Due to the technicalities of the case, Michael knew he needed support from great experts. With the help of both law firm partners and medical experts, Michael was able to solidify the win. The medical experts could explain the points that matter and simplify complex terms for the jury. The defense, who argued that fetal growth restriction was caused by a genetic growth issue, didn’t have the necessary experts to strengthen their argument, which contributed to Michael and his team’s big win. 

Throughout his career, Michael has had plenty of multimillion-dollar wins. Now, as a managing partner of his firm, Michael is helping other lawyers find that same success. By investing in the firm, making himself accessible to younger lawyers, and sharing all of his insight and knowledge, Michael is helping shape the next generation of lawyers winning million-dollar verdicts.

In episode 116, Michael Cowen is in conversation with Michael Bonamarte, Managing Partner at Levin & Perconti, to get all of the details on the $20 million verdict. Michael walks through the big case, from the opening statement and jury selection to the closing arguments and ultimate win. On this insightful episode of Trial Lawyer Nation, Michael also discusses what it’s like running a law firm, how he built up his skills early in his career, and the best ways to bounce back from a loss.    

Featured Guest

Name: Michael Bonamarte

About: Michael Bonamarte, IV is a nationally recognized trial attorney who has achieved outstanding results in a number of high-profile nursing home, wrongful death, birth injury, and medical malpractice cases. He is committed to protecting and vindicating the rights of people who have been injured due to systemic flaws and corporations choosing profits over people. Michael is currently a Managing Partner at Levin & Perconti law firm in Chicago, Illinois.

Company: Levin & Perconti

Connect: Email | 312-516-1129

Key Points

Top takeaways from this episode 

• You have to be a sponge to develop your skills as a trial lawyer. Michael Bonamarte has a passion for representing people who have been wronged. But passion doesn’t always mean you have the skills to succeed. So how do you develop your skills? According to Michael, you have to be a sponge and soak up all of the insight from other lawyers, mentors, and resources in your field.   

• A strong argument requires the right experts. Especially if you’re working on a technical case, you need the right experts to guide you through complex terms and concepts. Additionally, experts serve as credible sources to support your argument during trial.  

• Give the case your all. No matter how great of a lawyer you are, you won’t win every case. In order to bounce back from the losses, it’s important that you give every case your all. When you know that you did everything you could for a client, a loss is somewhat easier to bear. 

Episode Highlights 

[02:23] The beginning of an outstanding law career: Michael Bonamarte talks about his journey in the field of law and his work at Levin & Perconti.

[06:23] Developing trial skills: Michael shares how he went from a pre-med path in college to becoming a successful trial lawyer. He also discusses the people who have influenced his law career and how he stays educated.

[08:45] The $20 million verdict: Michael gets into the details of a difficult birthing case, sharing the complications of the birth and why it was such a big case. 

[18:44] The defense of the case: According to Michael, there was an overwhelming number of expert witnesses for the case. But the defense, who argued that fetal growth restriction was caused by a genetic growth issue in this case, didn’t have the necessary experts to strengthen their argument.

[22:33] Michael’s strategy for winning the case: Because the case was extremely technical, Michael attributes much of his success to his partners and medical experts. These experts could simplify things for the jury, explain the relevant case points, and ensure that all information was accurate. 

[27:05] The jury selection: Michael walks through the jury selection process specific to the case, how he set up a foundation of mutual respect, and how he exposed bias through a lighthearted example (deep dish or thin crust pizza?). 

[36:06] The opening statement: Michael’s partner, Margaret, did the opening statement, and they chose to start off with the base premise of a healthy birth. They presented what should happen during a healthy birth, and then they presented plan B — what happens when that first scenario isn’t possible.  

[44:47] Why presentation matters: Michael talks about a lung cancer case with a 40-year smoker and how he presented questions and information to win the case. He also shares the story of the shocking cross-examination during the birthing case and how he successfully delivered the closing argument.

[53:04] Getting the jury to fight for you: During the closing argument, Michael tapped into his emotions and personal experience of having a daughter the same age as AJ, the baby in the birth defect trial. Michael connected with the jury — especially the parents who may empathize with AJ’s family.

[58:49] What it takes to be a managing lawyer: As a managing lawyer, Michael often comes in at the end of the case after others have worked up the case. In order to get great workup done by others, Michael focuses on the bigger picture, utilizes the unique skills of the firm’s lawyers, and makes himself accessible to younger lawyers.   

[1:05:58] Bouncing back after a loss: For Michael, it’s easier to come back from a loss knowing that you did everything possible for your client. As long as you put everything out there and give it your best shot, you’ll feel more positive about the situation — even if the outcome isn’t what you wanted.

Connect with Trial Lawyer Nation

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

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or 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.

Podcast: Play in new window | Download

Subscribe: Google Podcasts | Stitcher | Email | RSS | More

Getting credible testimony from treating doctors can make or break your case. In this episode, Michael and Malorie are sharing their strategies to get powerful testimony from treating doctors, work through common challenges, and help build your case.

While the personal knowledge of the treating physician establishes significantly more credibility than a hired expert, it’s imperative the doctor communicates well and speaks in a way the jury can understand — without all of the medical jargon.

Remember: treating doctors aren’t professional testifiers. The lawyer needs to ensure that the treating doctor is prepared to give efficient, compelling testimony. You’re the guide who’s questions will lead the doctor along the trail of your strategy, and avoid getting stuck in the weeds of mundane details. 

Malorie’s strategies to guide the story include magic words and visuals. Magic words or questions ensure you get what you need from the witness and end up with valuable testimony. Visuals (like diagrams, animations, or demonstrations) can help the jury visualize the story — as long as your visuals are relevant to your trial strategy. To wrap everything up, Malorie suggests you leave the jury with the major takeaway from your witness…just make sure it connects to the next part of your case.

Tune in to episode 115 as Michael and Malorie discuss strategies and best practices for working with treating doctors, the do’s and don’ts of getting valuable testimony, preparing the witness, and utilizing their testimony to build a compelling story for the jury.

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  

Key Points

Top takeaways from this episode 

• Testimony from treating doctors can be crucial for a win. A treating doctor can testify from a place of personal knowledge, showing the jury what happened from a medical perspective. They have more credibility than someone you might hire, and because of their longer history with the client, they’re harder to cross-examine.
• Bringing in treating doctors has its share of challenges. Although treating doctors can be critical for a case, there are often challenges when bringing them in to testify. Doctors speak their own language; they often use medical jargon that the average person won’t understand. So, if you want to work through these challenges, you need to make sure your treating doctor is using colloquial language and is a great communicator.
• You should think about your case from a storytelling perspective. It can be easy for a treating doctor to get into every detail of the medical procedure, condition, or patient visit. As a lawyer, you want to guide the treating doctor and make sure they stay on track, only sharing details that are relevant to your case strategy. Be careful not to be leading or argumentative, but build your story with key components and questions that make the testimony understandable.

Episode Highlights 

[01:59] Events for attorneys: Michael Cowen talks about upcoming events for lawyers put on by top organizations including the Academy of Truck Accident Attorneys and Trial Lawyers University. 

[03:07] Getting testimony from treating doctors: Apart from making sure you have a clear appellate record, your doctor’s testimony is a critical component of the story you’re telling to the jury. However, there are some challenges with getting treating doctors to give coherent, clear testimony.

[09:19] Should witnesses be live or on video? Malorie Peacock explains the benefits of having a live witness compared to someone on video. She also shares why a live witness can be a bigger risk. 

[10:59] Compelling treating doctor direct examinations: Malorie talks about how lawyers can introduce witnesses in an efficient way — and why it’s important to build trust with the doctors so their testimonial is straight to the point. 

[16:12] Dealing with questioning: Malorie and Michael discuss how to deal with accusatory questions that frame the witness as being in some sort of collusion with the lawyer. 

[19:38] Magic words and questions: You don’t have to use magic words or phrases in trial, however, Malorie shares how they could help you and why it never hurts to use them. 

[24:37] Showing a doctor’s work without going overboard: You want to prove a doctor’s credibility and show their work. But you don’t want to go overboard and have them share the entire chart. Malorie and Michael share their strategies for finding the middle ground while presenting the necessary information. 

[29:23] Degeneration — the dreaded word: Lawyers, especially those in Texas, don’t have to run away from the concept of degeneration. A preexisting condition is something that the jury can accept and move forward from; just because someone had a broken arm before doesn’t mean they can’t break their other arm. 

[33:11] Using visuals with treating doctors: Malorie and Michael share their tips for using visuals in cases. They explain that visuals are crucial in clarifying a doctor’s point and helping the jury visually connect to the story — but you don’t want to use visuals that aren’t relevant to your trial strategy. 

[42:14] The end of a doctor’s testimony: To wrap everything up, you should ask your magic word questions and leave the jury with a takeaway that connects to the next part of your case (which will often be non-economic damages).   

Connect with Trial Lawyer Nation

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

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or 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.