Trial Attorney Podcast

48 – Andy Young – Driving Change and Verdicts as a Truck Driving Lawyer

In this episode of Trial Lawyer Nation, Michael Cowen sits down with Ohio attorney, Andy Young, who like Michael, specializes in trucking cases.

Andy’s journey over the past 20 years of practicing law and ultimately specializing in trucking cases started by accident when his hobby for rehabbing trucks, as well as starting a trucking company, turned out to be more valuable than he expected where he was being asked to speak at various trucking litigation groups. Essentially his passion for “anything on wheels” and his upbringing around big equipment propelled him toward the industry as well. He goes on to establish upfront that he indeed does not hate the trucking industry as some might conclude by having become a trucking attorney. Andy cares deeply for the truck drivers as well as the component of the industry that treats the drivers well while also explaining in great detail the parts of the industry he does not care for, which abuses the drivers and stokes safety issues all in the name of profits. He goes on to say that everything he does “ultimately is in favor of safety and in favor of the truck drivers too.”

Beyond filing lawsuits to try and improve the trucking industry, Andy is also involved in several advocacy efforts having originally become involved through some articles he had written and published back in 2011 on underride crashes, which have evolved all the way through giving testimony to Congress on the issue. He talks through some of the efforts that he’s been a part of in shining a light on the issues that surround truck crashes, specifically underride guards and rear guards, where the industry has made significant strides to reduce fatalities from crashes involving underrides in Europe, but continue to lack in the United States. While Andy has started to see the needle move a little bit in regards to instituting safety features that would prevent such fatalities, he also sees the trailer manufactures resist the urge to make their products safer while using federal regulations as a scapegoat for not making these life-saving improvements. This transitions into Andy sharing how helpful it can be for the families who have lost a family member to a truck crash to become active in safety advocacy as a way to give them some purpose to their loss.

Michael asks Andy, with his unique perspective as a truck driver and running a trucking company, what he’s learned to make him a better trucking lawyer. Undoubtedly, Andy refers to his time behind the wheel as being the most valuable and suggests that those who are looking to be great trucking lawyers do what Michael Cowen did and go to truck driving school to get a more intimate understanding of what truck drivers experience as well as a better understanding of what it’s like to maneuver such large pieces of equipment. Andy also continues to use his truck driving skills as a part of a small race car team where he drives the truck that carries the car and finds himself constantly thinking about his cases every time he gets behind the wheel. This has allowed him to more effectively communicate with truck drivers better and understand things that perhaps other attorneys might not consider. He goes on to describe several examples of how this has come in handy citing personal experiences that have helped him to debunk some theories placed on truck drivers in cases when it comes to the speeds they travel at in relation to what gear they are in, which he notes has “been very, very beneficial.”

The conversation shifts to Andy discussing his great results in the face of some fairly tough fact patterns, where Andy goes into detail regarding his litmus test on how he decides whether to take on a case. It’s worth noting that he does not think it matters whether his client has hit the back of a truck, has had a DUI, were speeding, or had some other issues going on. Instead, he looks at the truck driver and the truck company to see if they created a hazard whereby a crash would not have happened otherwise to determine if the case is worth pursuing or not. He goes into further details on case selection tips, including spending some money upfront to explore how the hazard was created and/or how it was confronted.

Moving the conversation into the courtroom, and wrapping up this episode, Andy describes some of his techniques and analogies he uses to keep his case in a positive light including one he uses with his clients who are angry about their loss (rightfully so) but are in need of help to not become their case’s worst enemy by displaying their hostility. Another analogy he uses with his clients refers to how to determine what’s important and what’s not at trial, which he’s found to resonate well with his clients when he establishes the analogy with his clients early on. Andy also uses a technique where his client’s home is used as a witness, which is truly fascinating and the way he walks through it, literally and figuratively, can really give things a whole new perspective. Truly some incredible strategies and techniques worth listening to and incorporating into any case that’s going to trial.

 

BACKGROUND

Andrew (Andy) R. Young concentrates his practice on catastrophic truck crashes and wrongful death litigation.  He holds an active, interstate, Class A Commercial Driver’s License (CDL) and regularly drives his own Peterbilt semi-tractor and 45-foot racecar trailer.  He has testified as a Truck Safety Advocate before the U.S. House of Representatives, Subcommittee on Highways and Transit.  He is a member of the Owner Operators Independent Drivers Association (OOIDA).  He has testified on behalf of OOIDA and the Ohio Association for Justice’s Truck Safety Section before the Ohio Senate Transportation Committee.   He serves as an Executive Officer of the AAJ Trucking Litigation Group and is the immediate, past-president of the Lorain County Bar Association (LCBA).  Mr. Young is “AV” rated by Martindale-Hubbell, has been included in Ohio Super Lawyers, and has received numerous awards from AAJ TLG, OAJ, and was the LCBA Member of the Year in 2016.  Mr. Young serves on the Board of Regents for the Academy of Truck Accident Attorneys (ATAA) and serves as the ATAA’s current Education Chair.  He lectures frequently at continuing legal education programs on trucking litigation and trial advocacy.  Mr. Young has served as a Moderator and on the Organization Committee for two industry “Truck Underride Roundtables” hosted at the Insurance Institute for Highway Safety (IIHS) at their crash test facility in Ruckersville, Virginia.   Mr. Young is also member of the American Board of Trial Advocates (ABOTA).  Mr. Young is a partner with Young and McCarthy, LLP, located in Cleveland, Ohio and works with attorneys throughout the nation.

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

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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.

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

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In this episode of Trial Lawyer Nation, 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

Michael Cowen – Introduction to Trial Lawyer Nation

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Michael Cowen and his guests explore critical topics distinctive to the legal profession – specifically focusing on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Podcast Host
Michael Cowen is not only a founding attorney at a Texas law firm, but an accomplished author and sought after speaker. Specializing in personal injury cases involving trucking, commercial motor vehicle, catastrophic injury, oil field accidents as well as product liability, Michael celebrates 20+ years of practicing law and is devoted to passing on his years of experience and lessons learned along the way, to his peers in the legal community.

Click here for more information on Michael Cowen

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