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Episode

87 – John Fisher – A Profound Impact

By Michael Cowen — 2 years ago

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In this episode of the Trial Lawyer Nation podcast, Michael sits down with accomplished author and New York trial attorney, John Fisher. He and Michael discuss everything from developing real core values and living by them to techniques and practices to better connect with jurors.

Michael and John begin the episode by delving into John’s past and how we became the man he is today. After graduating from law school and facing the inevitable question of “what now?” John was approached by a 30-year-old man who told his story of being “horribly brain-damaged in a bus wreck;” an apparently problematic case that lawyers wouldn’t go near. Thus began John’s interest in personal injury law.

This case would go on to trial, settle for an admittedly “not good amount” after a week of trial, but would serve an even grander purpose of selling John on pursuing this path.

“This is what I wanted to do with the rest of my life, which was not personal injury law; it was serving the most severely disabled people and having a profound impact in their lives.” – John Fisher

After discussing another of John’s previous cases, his criteria for accepting cases, and why he loves having a small caseload (28 active files at the time of recording), Michael asks John how he’s able to sustain his business model with only big damage cases. John responds by saying that they don’t just turn away small or moderate cases, they just don’t handle them; opting instead to refer them out to other attorneys and split the fees. John prefers it this way so that the smaller cases don’t take away from the catastrophic injury cases, which require much more time and attention. That being said, there are some exceptions to this rule.

John goes on to explain that, keeping in line with the mission and core values of his firm, he does accept smaller cases on occasion simply because “it’s the right thing to do.” He believes that practicing law goes beyond compensation for injuries (calling that a “small part of what we do”) and is about improving the quality of care for others in the future.

“I got money for people, but is that what the practice of law is really about?” – John Fisher

Following Michael and John’s agreement that it’s much more powerful to affect changes than to focus solely on the money, Michael follows up on the core values of John’s firm and asks him to elaborate on them. John outlines his firms core values as follows:

  • We only represent the injuries of people who’ve been catastrophically injured
  • We’re brutally honest with our clients
  • We do not accept cases that have questionable merit
  • We will NEVER agree to a confidential settlement

After sharing his own firm’s core values, Michael admires John’s concrete goals in regards to the dates he sets to have a certain number of referral attorneys. When asked where he got the idea for that, John eagerly reorients his camera to show the large gong situated in his office. After explaining the ritual of ringing the gong when his firm attains a new referral attorney, he begins to talk about the “epiphany” he had as a young lawyer.

“My clients [are] not injury victims. My clients are attorneys who can send us a steady stream of cases.” – John Fisher

Michael then redirects the conversation back to John’s core values, explaining that they fascinate him and asking how John came up with them. “There’s a critical difference between aspirational values, meaning what we think we should be doing, and real values which is what are you currently doing.” John explains this premise further by talking about the aspirational values his firm adopted (such as “we treat our clients like family”) and how those were changed completely with his new philosophy.

After further elaborating on his core values and the importance of your team embodying your firm’s values, John goes on to explain the importance of mastering the business of law; a subject that led to the creation of his both of his books: The Power of a System and The Law Firm of Your Dreams. (Note: While both books are available on Amazon, John asks that you message or call him personally, and he will send you a signed copy of either or both books! You can email him at jfisherlawyer@gmail.com or call his cell at 518-265-9131.)

“When you give away everything you that know… it comes back to you in spades.” – John Fisher

Following a brief discussion on the importance of absorbing knowledge from “masterminds,” Michael shifts the conversation to an equally important element for success: mindset. Similar to several topics discussed in Ep 86, John highlights the process of changing your mindset (or “Challenging your Paradigm,” as Joe Fried would put it) when it comes to the cases you accept, why you feel that you should accept them and how that may be wrong.

The conversation topic then shifts from Michael and John sharing their methods for dealing with and moving on from a loss, settlements and moving cases to trial, how they prepare for a trial in the weeks before, the importance of collaborating with fellow attorneys, and John’s MasterMind Experience.

“When you stand up in front of the jury for the first time, what is the most important thing you can do? Screw your notes, throw [them] in the garbage can and bond with the jury.” – John Fisher

John concludes the episode in spectacular fashion by not only giving his contact information, but also giving our listeners access to all of his firm’s policies and procedures via Fisherpedia.com!

Login credentials for Fisherpedia.com coming soon! (please check back for updates)

If you’d like to contact John Fisher you can email him at jfisherlawyer@gmail.com or call his cell at 518-265-9131.

 

Guest Bio

John Fisher is the owner and founder of John H. Fisher, P.C., where he limits his practice to catastrophic injury law for injury victims in New York State.  Over the last 20 years, John’s practice has been limited to the representation of catastrophically injured persons.

John has been cited as a legal expert on numerous occasions by TRIAL magazine of the American Association for Justice and the New York Law Journal, and he speaks frequently for the New York State Bar Association, The National Trial Lawyers, PILMMA, Great Legal Marketing, and county and regional bar associations concerning law practice management, internet marketing for lawyers, referral-based marketing and trial skills.

 

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Episode

55 – Jacob Leibowitz – Overcoming COVID-19: Working Remote & Staying Afloat

By Michael Cowen — 3 years ago

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In this special Trial Lawyer Nation podcast, Michael discusses COVID-19 with fellow trial lawyer Jacob Leibowitz. This episode focuses on adapting your firm to function in an ever-changing crisis situation, including insights on safety, remote work, technology, cash flow, and employee morale.

The show begins with a discussion on using technology to keep cases moving. Jacob emphasizes the importance of continuing to have depositions utilizing video conferencing technology. Their firm has chosen to use Zoom for depositions, mediations, and client meetings, and they have been successful with it. They discuss the pros and cons of Zoom, highlighting many useful features including video recording, “breakout rooms,” options to increase audio quality, and a way to share exhibits that Jacob argues is even better than the in-person method. The challenges of this technology for depositions, and in many states across the U.S., is the person who swears in the witness needs to be in the same room to make the oath sufficient. Jacob shares how the Supreme Court of Texas has assisted with this. The use of online notaries is also discussed and both Michael and Jacob implore the listeners to reach out in their respective state to determine if this can be a solution.

Originally, Jacob believed mediations via video conferencing would be extremely complicated, but he has been pleasantly surprised by the ease of using breakout rooms in Zoom. While some mediators have resisted, Michael is confident they will come around soon, telling them “Either you’re not getting paid or you’re going to do it this way.” Jacob echoes this thought by stating, “It’s here right now, and we have to adapt to it.” They apply this same reasoning to defense counsel who may have objections. Michael strongly believes if the defense doesn’t bill, they don’t make money, and they don’t survive. Jacob thinks it is the plaintiff lawyer’s responsibility to push the case, educate all parties involved on how to use the technology, and has been kind enough to create a Zoom Deposition Guide to share with everyone. This guide can be shared with defense counsel, mediators, and anyone else hesitant with this process. (A Zoom video tutorial for clients has also been created and can be found here)

The conversation shifts to remote work and how their firm of over 30 employees in different office locations has navigated the transition of physical office space to a virtual office space. The process began with Michael deciding to purchase company laptops for staff who did not have one. This was necessary because his IT company would only allow access to the server through a private VPN on a company-owned computer for security reasons. They discuss other challenges of remote work during a quarantine, including working with kids at home, server capacity, and cloud migration. Jacob then shares valuable advice for other firms to mitigate these challenges by advising “You just need to go full force into this, because you’re going to end up learning a whole lot, and you need to.” The reality is no one knows how long social distancing and a nationwide quarantine will last, so lawyers need to adjust accordingly.

On a serious note, Michael recognizes that regardless of technological innovations, the COVID-19 pandemic will disrupt firms’ cash flow. He shares his experience with a market panic and how he has been proactive in protecting the firm’s finances through pulling out money ahead of time and watching his finances very carefully. He also cautions other firms against laying employees off too soon, citing the proposed stimulus bill (which has now passed) would provide loan forgiveness to small businesses who use the money for payroll. He also understands that sometimes, you have to do whatever is right for your firm to stay afloat during these challenging times.

With all these sudden and extreme changes, employee morale can fall to the wayside. Jacob asks Michael what many listeners must be wondering – How do you keep employee morale up during this process? Michael simply states: “We’re overcommunicating.” His firm has focused on having consistent and frequent video conference calls to communicate on daily tasks, collaborates on larger projects, and even gather socially for a Friday evening virtual happy hour. He explains how important it was to tell his staff they could financially handle a 3-4 month quarantine and not have layoffs, and ensure staff of his focus on keeping everyone safe, be it their health or job security. Jacob compliments Michael on his efforts so far and adds that he feels morale has actually increased since the beginning of this crisis, noting that employees can see the massive amount of effort and reassurance given so far. Michael also believes “overcommunicating” applies to clients and referral attorneys and has made an effort to touch base with everyone in his network. This has led to his firm continuing to receive case referrals because they are being proactive.

Lastly, Jacob and Michael discuss their main takeaways during COVID-19. Jacob sees this time as an opportunity to gain skills to better your practice, spend more time with your family, and push your abilities as an attorney. Michael agrees and adds that it’s more important than ever to take care of yourself physically and mentally. He also emphasizes the importance of patience and thankfulness during these difficult times. Michael ends on a powerful note: “We all need to step up and be leaders – leaders for our firms, leaders for our clients, and leaders for our communities.”

This podcast also covers virtual court hearings, telemedicine, self-insured retentions, Microsoft Teams, why clients are liking the face time with attorneys using Zoom, virtual document signing (www.notarize.com), and the efficiency of technology.