personal injury

20 – Alexander Begum – A Practice Built by The Law Giant

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with founding shareholder of the Begum Law Group LLC, Alexander Begum, who has offices in San Antonio, Brownsville, Laredo and McAllen. Alex admits early on in his conversation with Michael that he didn’t originally know he wanted to be a lawyer. He didn’t have any immediate connections to the law field, and friends and family members initially forced him to study for his MBA as a fallback. A blessing in disguise, this actually helped him to bring a business perspective to the field of law.

From early on, Alex found himself valuable by leveraging his business and finance education. He turned down a $75k/yr position at a defense firm, has his sights on something better, only to take 4 years to break the $100k mark. He first started with just about any case he could bring in the door from child custody to divorce to criminal and corporate, but eventually transitioned to personal injury when he got a big “break” from an owner of a managing agency who saw him in the courtroom as a defense lawyer who won a settlement against the plaintiff through a counterclaim. They liked what they saw so much they essentially fired another firm they had been working with and sent all their car wreck defense cases to his office. Listening to him tell the story is reminiscent of something from the movies with a van full of case files, in varying stages of pre-lit and litigation, being dropped at their front doorstep. Jumping right into the cases, it didn’t take long for him to see the limitless potential in the personal injury world. After having been exposed to several practice areas of law and through the process of elimination, Alex landed on plaintiff personal injury. The fact that his father was an immigrant further solidified his decision to fight for the small guy, beat all odds and led him into representing people who had been victimized in some way.

The conversation fast-forwards and switches to a more “tactical” view of trial strategy involving the practice of NOT including medical bills in a trial. The studies that Michael and Alex have both reviewed are striking, but the actual implementation of this in Alex’s practice has proven to be successful with 6 and 7-figure verdicts on cases – some of which have $4k of medical bills! The explanation from Alex on why he thinks this practice works is extremely insightful, to say the least, and shows that litigation without medical bills may become the standard practice by necessity. Michael points out that, ironically, he believes the industry is going to end up with bigger recoveries. They also talk through the effects the different strategies have on juries in awarding damages and how one of the tactics can anchor down the numbers, whereas the other can allow jurors to think about the true impact of what’s been taken from a client and their family.

Alex shares some of his insights on how he balances the administration of running his firm and keeping cases on track with trying cases himself. He shares everything from the software they use to his endless checklists, which Michael is able to draw a parallel to form a brief past in aviation where pilots are known for going through their checklists regardless of how many times they’ve flown the airplane – all in the name of quality control.

Michael asks Alex about the journey of advertising, which they both agree is “painful.” But, Alex goes on to talk about the evolution of advertising in the legal industry and the importance of dominating a niche market with examples like “The Jewish Lawyer,” “The Hammer,” or in his own case, “The Law Giant.” He talks about a significant focus group he conducted that helped him realize the overwhelming weight given toward recalling a branded nickname/persona more than any other factor in an attorney’s practice. In Alex’s view, things like trial experience, verdict history, or even the name of the attorney play very little into the public’s perspective of who to call. Some of the examples he gives of niche type tactics are tried and true when it comes to advertising on everything from billboards down to business cards.

Michael wraps up the podcast by asking on behalf of all the aspiring PI lawyers listening, “How did you get to where you are?” Alex’s reply is priceless and timeless all at once: “It’s funny how the harder I work, the luckier I become.”

Background on Alexander Begum

Alexander Begum is a founding shareholder of the Begum Law Group LLC, with offices in San Antonio, Brownsville, Laredo, and McAllen. Mr. Begum completed his undergraduate studies at Trinity University in San Antonio earning a double major in marketing and finance. Thereafter, he attended Harvard University in Boston where he studied finance and legal writing. Following the completion of his undergraduate studies, Alex acquired a Juris Doctor and a Masters of Business Administration with a concentration in finance from Texas Tech University.

After graduating from law school, Alex did not cease in his quest for learning and improving his skills. In 2010 Mr. Begum was chosen to be among the elite few who are accepted into the Trial Lawyers College. This intense program is intended to push each individual student toward a greater understanding of themselves and others. Every attorney that graduates from the Trial Lawyers College walks away knowing they have improved not only their skills as attorneys but have improved their “personhood” as well. Attending such a program is not an easy task. Alexander Begum made the choice to be away from his home, family and law practice to devote the time to attend and graduate from the Trial Lawyers College. He willingly made this sacrifice for a singular purpose. He wanted to be better able to help his clients and serve his community.

For more information on Alex Begum, visit https://www.texaslegalgroup.com/Attorneys/Alexander-Begum.shtml

 

15 – Phillip Miller – Understanding the Minds of the Jury

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In this Trial Lawyer Nation podcast, 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/

12 – Eric Penn – $89M Worth of Experience

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with Founding Partner at The Penn Law Firm, Eric Penn. To start things off, Eric describes his decision to focus on trucking cases and how it came from the simple fact that we can all relate to them. In fact, everyone (including attorneys) share the road with 18 wheelers. Eric goes on to point out that the general viewpoint of “cases never looking better than when you first work them up,” while true at times, seems to go the other way with trucking cases where they get consistently better the more you roll up your sleeves and dig into them.

Speaking of rolling up sleeves and digging in … Michael and Eric pull back the curtain on what turned out to be an $89.6M verdict for the bulk of this podcast, which in and of itself is enlightening, educational, and impactful.

The brief synopsis of the case would likely have many attorneys passing on the case from the very start considering how things looked on the surface – A mother with 3 children in the car, running errands on a Texas highway, hit a patch of black ice, loses control of their vehicle sending them through the median into oncoming traffic and is struck by an 18 wheeler, and the police report indicating that there was no fault to be placed. Michael suggests that more than 98% of personal injury attorneys in the state would likely not take on such a case and the others might even look at it and see a $1-2M settlement, which obviously wouldn’t be enough once you hear the unfortunate circumstances the victims faced moving forward. But not Eric!

Eric’s reasoning behind taking the case stemmed from getting to know the case on a deeper level, understanding that the injuries were dramatic, and having an in-depth knowledge of the Federal Motor Carrier Safety Regulations (the green book) and CDL Manual’s Safety Rules that are in place to protect all of us who share the road with 18 wheelers, citing one of the chapter’s intent is literally to “prevent crashes and save lives.” One might think that this type of case would revolve around the approximate 3-second sequence of the crash itself, but Eric’s explanation of how their focus became everything but those 3 seconds really shed a light on how this type of case can quickly grow to a much more substantial and just verdict. Spoiler Alert: Eric notes that EVERY case he has come into has 100% of the time been about the company behind the truck driver and how that company operates its fleet, making them much more responsible than they may like to admit. The compassion Eric demonstrates in describing his mental process in the decision to take on a case like this is palpable.

The details surrounding this case that Michael and Eric discuss are apt to be a significant learning tool from which any attorney can stand to learn.

Background on Eric Penn

Eric T. Penn believes that in order to keep our families and communities safe, we have to hold people or corporations who choose to violate safety rules accountable for the injuries and conditions they create. That is why he has been an outspoken advocate for seriously injured people for more than seventeen (17) years. He represents people who have been permanently and seriously injured through no fault of their own.

Eric is a born and raised Texan. He is a 1998 graduate of Baylor University. He received his Juris Doctorate (J.D.) from Baylor University School of Law. He was admitted to the practice of law in Texas and the U.S. District Court for the Eastern District of Texas in 2001.

A Trial Lawyer’s College (TLC) graduate, Eric is a frequent lecturer on Trucking litigation throughout the country. He is a member of American Association for Justice (AAJ) Trucking Litigation section, Attorney Information Exchange Group (AIEG), Academy of Trucking Accident Attorneys (ATAA) and the Texas Trial Lawyers Association (TTLA).

For more info on Eric Penn visit:

https://thepennlawfirm.com/about-the-firm/our-attorneys/

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

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In this Trial Lawyer Nation podcast, 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/