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44 – Natalie Arledge and Dylan Pearcy – Insights on the 2019 ATAA Symposium

By Michael Cowen — 7 years ago

In this Trial Lawyer Nation podcast, Michael Cowen sits down with two attorneys from Cowen | Rodriguez | Peacock, Natalie Arledge and Dylan Pearcy, for another installment of TLN Table Talk to discuss the questions on the minds of our listeners. Today’s topics focus specifically on the Academy of Truck Accident Attorneys (ATAA) annual symposium and our biggest takeaways from attending.

A brief background on today’s guests reveals that Natalie has been with Cowen | Rodriguez | Peacock for almost two years after having come from a defense background where she worked on trucking cases, among others, from the other side. Dylan also came from the defense side of things where his docket was roughly 70% small car accident cases of which roughly 50% were trucking cases.

Seeing as the ATAA symposium was a multi-day event, Michael wonders which presentations Natalie and Dylan found the most value in. Natalie explains how she found Robert Collins “What is safety for a trucking company” presentation to be the most valuable for her. In that presentation, they explored many forms and regulations to better identify what safety culture really is for a company whereas previously it had been less defined for her. In other words, not just looking at an individual negligent act, but more so the question of – does this company really care about safety? On the other hand, Dylan gravitated more toward Ken Levinson’s presentation on representing a truck driver as a plaintiff where he gained a deeper perspective on trucking cases. He felt that Ken did a “good job of going into some details about how specific factors come into play when the truck driver is the plaintiff and how they might look at an accident and their responsibilities on the road differently than maybe somebody else would.” Michael points out that Cowen | Rodriguez | Peacock has also represented a number of truck drivers over the years and having done so, has learned the nuances that come into play when a truck driver is the plaintiff.

Natalie also found Jay Vaughn’s presentation on inspecting trucks particularly valuable as it was aimed at better preparing lawyers to know what to look for and ask about when examining a truck. She also gained useful insights on what he carries with him to better understand what he’s looking at, citing that there is always value in looking at a truck or the scene to fully understand the scale of what occurred. Dylan adds to this topic, sharing his experience of truck inspections describing the importance and value of getting dirty and getting involved in the inspection to bring some validity and credibility to the case down the road. This is in contrast to the attorneys who show up to an inspection in a suit while standing back and just observing an expert inspection.
The conversation shifts to technology with an observation by Dylan in regards to what was being used in presentations and how it was being received by the attorneys in the room. The observation is a critical one at it’s core as it is much like what we do in a courtroom when we either use or don’t use technology to deliver our story to the jury and keep them engaged and interested in what we’re presenting for our clients. Michael recalls one of his side conversations at the seminar with Michael Leizerman where he describes part of our job in the courtroom is to entertain the jury in order to keep them engaged, otherwise they’ll tune out.

Dylan flips the script and asks Michael what some of his takeaways from the seminar were to which he describes some of the smaller, yet extremely valuable, tidbits he picked up on in presentations that he’s already heard in the past, but found new value in by catching things he hadn’t heard before. Michael also explains the value he’s received from the seminars just by talking and networking with others in the hallways and at the mixers. He goes on to talk about the relationships he’s built over the years and how his network of attorney friends, now allows him the ability to bounce ideas off of some of the best in the industry, find experts, get insights on other state’s laws, etc., all with just a phone call or an email that is answered fairly quickly.
The conversation wraps up with a discussion on what first time attendees might consider or keep in mind when they attend their first multi-day seminar like the ATAA symposium and how to best leverage the tools and resources available at such conferences.

These Table Talk podcasts could not happen without the interaction and questions that are submitted by our listeners. We are eternally grateful for your feedback and encourage you to continue to send us your thoughts, ideas, and questions as we love sharing our experiences with them.

Advice for Lawyers
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Episode

19 – Malorie Peacock – Trial Tips: Voir Dire, Visuals, and Technology

By Michael Cowen — 8 years ago
(1 votes, average: 5.00 out of 5)

Every month, our podcast receives questions from our listeners (which we love by the way, keep them coming) and we take the time to respond to each individually. After 8 months of being on the air, we thought it might be fun and valuable to dedicate an episode to reflect and respond to some of these questions in a new series we’re calling “TLN Table Talk.” In this episode of Trial Lawyer Nation, sought-after trial lawyer and fellow partner at Cowen | Rodriguez | Peacock, Malorie Peacock, flips the script and puts Michael in the “hot seat” for an open discussion to answers questions from our listeners.

Malorie digs right in with a note from a listener that asks – “Knowing that we all need to try more cases to get better, and sometimes you just can’t get to trial for one reason or another, how do you practice for the big moment of going to trial?” Michael reveals how he personally prepares for each trial and his approach toward different types of cases and jurors, along with his thoughts on prepared scripts. He goes on to share outstanding insights about planning and practicing for voir dire, where you don’t know what the jury panel is going to say; and allowing the truth to be acknowledged without letting it throw you off your intended path. Interestingly enough, Michael’s use of pizza and beer to get a deeper understanding of a case, while simple in practice, can also be incredibly useful in the courtroom. Michael also opens up about his rekindled respect for inclusive voir dire with a recent example of a case that turned a $125k offer into a $1.25M verdict, seemingly built in voir dire, before any evidence was ever discussed.

From there, Malorie talks with Michael about the firm’s strategy in trying most cases in pairs and asks him why he believes it’s better. His answer is perhaps not what you might expect, and the discussion shifts toward courtroom perceptions. Michael and Malorie both agree that every perception matters: from how you dress, to how you interact with your staff, to how people see you drive away in the parking lot. The same goes for your client too! Both also agree that understanding visual communication is extremely important as a trial lawyer.

Trial technology seems to be a hot topic for our listeners with all kinds of questions around what types we use, how we utilize them, and the thoughts around why we use them (or not). Michael is quick to point out that we all need to remember the purpose of the tech and the need to tailor the tech to the case, so you don’t look too slick when the other side brings in a manila folder and a legal pad. He does recommend that if the courtroom, and your budget, allows, there are some specific pieces of technology that are far better in his opinion in helping jurors understand pieces of evidence, so long as you are comfortable with it and prepared to proceed when it doesn’t work.

Michael and Malorie close the conversation in talking through strategies on figuring out how much money to ask a jury for and how to actually ask for it, the details of which you’ll have to listen to learn. Trial Lawyer Nation plans to do more “Table Talks” in the future as this podcast has always been about inclusive learning for all in our industry, which includes learning from each other! Please keep submitting your questions, comments, and topic suggestions to podcast@triallawyernation.com; and be sure to like, share, and subscribe to get the latest from the Trial Lawyer Nation podcast!

For more information about Michael Cowen, go here.

For more information about Malorie Peacock, go here.

Commercial Vehicle Accident Referral Lawyers
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Episode Trucking Accident Attorneys

14 – Steven Gursten – Remarkable Customer Service = Extraordinary Law Practice (and Life)

By Michael Cowen — 8 years ago
(2 votes, average: 5.00 out of 5)

In this Trial Lawyer Nation podcast, Michael Cowen sits down with Michigan trial lawyer and owner of Michigan Auto Law, along with 3 other law firms, Steven Gursten. As an early adopter of internet legal marketing, Steven has built his firm to become extremely successful in Michigan and is recognized as having the TOP verdict in the state 8 out of the last 12 years, as well as success throughout the country.

Steven recalls in the first 10 years of his practice making it a goal to be a great trial lawyer and have attorneys all over the state refer him cases. To get there, he still recommends lawyers set aside 30 minutes to an hour every day to read and study some area of law. IE: Mondays would be opening statements, Tuesdays might be cross examining, Wednesdays – closings, Thursdays – medicine, and Fridays he wanted to become an expert on the Michigan no-fault law. Even now, Steven utilizes the massive amounts of information he’s accumulated, learned from, and still references. Similarly, Michael recalls and shares a story about learning through the process of proofreading a book another attorney in his office was writing and both agree the continuation of learning after passing the bar is extremely important.

Fast forwarding from 4 attorneys in his first practice to now having 20 attorneys across 4 diverse practices, Michael and Steven discuss the two very different disciplines of running a law firm vs. trying cases, both of which they do very successfully. He also goes into detail on some of the systems he has put in place as a solid foundation, in order to handle the hundreds of cases coming through his different practices, and how much he has embraced different technologies throughout the years. Steven also brings up a great point that in today’s online society, good lawyers will now more than ever be rewarded and bad lawyers will be punished because of Google reviews, Avvo, and other similar review sites, which makes customer service even more important. Meanwhile, those same systems are the ones which help great law firms stay on top of their cases and communicate with their clients to avoid the potential pitfalls easily avoided through systematic communication. Topics such as discussing what not to post on social media or making sure the client is going to their doctors’ appointments can have hundreds of thousands of dollars’ worth of impact on a case when communication is stagnant. Steven goes on to say that the same type of communication can also have a huge impact when it comes to keeping referring attorneys in the loop on shared cases, citing a recent case he referred to Michael in which he was extremely impressed with the follow up.

The conversation shifts when Michael asks Steven how he’s able to have the other 19 attorneys in his office use all of the systems he has in place. Without hesitation, Steven points to the culture of his firm which has guided everyone in the same direction, keeping them on the same page, regarding the inner workings of the practices. He is also quick to point out that establishing this type of culture starts with the ownership of a firm, and regardless of tenure no attorney should ever be above talking with their clients, which is something he tries to instill in each of his attorneys. Steven also shares some of the small things they do to build the culture, such as whenever they receive a great review, they send it out to everyone in the firm to further demonstrate its importance to the firm as a whole and praise those who are walking the talk.

So many great insights on running a successful firm (too many to list in this brief description) come from Steven and Michael throughout this episode, even down to the psychological testing Steven does with everyone in his firm which helps shed light on their ability to deliver a quality customer experience. Steven also shares several thoughts for those who are trying to build their practices, which any attorney can leverage to not only work in their practice but also on their practice.

The conversation transitions to traumatic brain injuries (TBIs) to which Steven again delivers a mountain’s worth of information in rapid succession. Steven is gracious enough to lay out not only the basics of how TBI cases are identified but also the more intricate and subtle ways clients who’ve suffered from a TBI are not only identified but also misunderstood, as Michael asks him questions to bridge the gap between customer service and delicate TBI cases. Steven’s view of customer service is engrained so deeply in him that even during this part of his conversation with Michael, he can’t help but note its importance when working with those who have suffered a TBI.  Things like displaying a positive image online in order to be seen as approachable, being cognizant of the tremendous diplomacy it takes to work with clients who have had a TBI, and doing everything in your power to genuinely make things as easy as possible on the them. Perhaps THAT is why he doesn’t encounter many of the problems or issues other attorneys do.

Background on Steven Gursten
Steven Gursten is recognized as one of the nation’s top attorneys handling serious auto accident injury and wrongful death cases, and No-Fault insurance litigation. He is head of Michigan Auto Law, the state’s largest law firm handling car, truck and motorcycle accident cases for more than 50 years.

Steven has recovered top-reported verdicts and settlements for car and truck accidents for multiple years, including a $34 million truck accident settlement in 2014 with Ohio co-counsel.   In this capacity, Steve was named a Michigan Lawyers Weekly “Lawyer of the Year,” after recovering one of the largest truck accident settlements in Michigan history, as well four other top-reported trial verdicts in previous years.

Steven frequently lectures at legal seminars throughout the country on trial advocacy, trucking litigation, and traumatic brain injury cases.  He is the annual moderator and speaker at the “Advanced Motor Vehicle Litigation Seminar,” offered through 360 Advocacy.   He is the current President of the Motor Vehicle Trial Lawyers Association and a Past Chair of the American Association for Justice (AAJ) Trucking Litigation Group.  Steven is also the chair-elect of the AAJ Traumatic Brain Injury Litigation Group.

In addition, he serves on the executive boards of the Melvin M. Belli Society and represents the state of Michigan in the Taos Trial Lawyers Society, an invitation-only group of distinguished trial attorneys from around the country.

For more info on Steven Gursten visit:
https://www.michiganautolaw.com/firm_profile/attorney-steven-gursten/

Legal Podcasts
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Episode

08 – Chad Roberts – Discovery in the Electronic Age of Documentation

By Michael Cowen — 9 years ago
(2 votes, average: 4.00 out of 5)

In this Trial Lawyer Nation podcast, Michael Cowen sits down with 25+ year veteran of the legal industry and founder of eDiscovery CoCounsel, Chad Roberts.

In a legal world where we are document heavy and paperless, eDiscovery sets out to avoid the abundance of obstacles trial lawyers encounter when in search of documents, be it the dump-truck effect of getting volumes of information or the paid search games that are played.

Primarily, people think about documentary evidence which is stored in a digital format, to which the rules have somewhat of a bias toward that type of framework, which tends to be the biggest challenge, explains Chad. He goes on to describe that it is not so much the format by which these documents are held, but rather the sheer volume of content that is available. For those of us who are not experts in e-discovery, not knowing the right questions to ask to receive what is sought after or even what is available to ask for, can make a case challenging. Chad points out one of the biggest “tectonic shifts” in the advantage/disadvantage for discovery really occurred back in December of 2015 with the new Rule 26, pertaining to the proportionality factors that came about under that rule, of which Chad dives deep on along with the ways around it.

Chad continues to reveal the dirty little secret that the more you know about the information structure and how documentation is filed, the easier it is to deconstruct the arguments of it being tremendously difficult for the defense to compile what you are looking for … which, coincidentally, is enormously easy for them to produce. Furthermore, Chad describes the other “human nature” side of the story where attorneys psychologically feel that they are out of their element, mostly because they don’t do excessive amounts of document productions, and are more likely to agree to things that are not best for a case.

Ideally, as Chad describes, his firm is typically brought in at the beginning of a case and start with  Electronic Storage Information (ESI) protocols, where the front-end platform is established through discussions regarding agreement of the mutual expectations of those involved in the case, and this, of course, is the best line of defense in counteracting the diversions played by opposing counsel.

The podcast concludes with Michael and Chad discussing the types of cases that make the most sense to bring in a firm such as eDiscovery; and the description that Chad offers on why even the biggest of firms would likely have a significant flaw in their practice if they had the capacity of his firm is enlightening and makes perfect sense when you hear it.

Background on Chad Roberts

Chad Roberts is a seasoned trial lawyer with a career focused on technology, complex litigation, and multi-district litigation.  He has been a litigation partner at an AmLaw 20 multi-national law firm as well as a small, boutique trial firm, winning multi-million dollar verdicts as lead trial counsel. His focus at eDiscovery CoCounsel, pllc includes predictive coding technology, discovery jurisprudence, and large scale litigation management.  Chad received an Engineering Science degree from the Georgia Institute of Technology and graduated with high honors from the Florida State University College of Law, where he was an Associate Editor of the Florida State University Law Review.

For more info on Chad Roberts visit:  www.edcclaw.com