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Episode

56 – Marc Whitehead – Build Your Lifestyle Law Firm: Optimizing Your Practice, Strategy, & Mindset

By Michael Cowen — 3 years ago

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In this Trial Lawyer Nation podcast, Michael sits down with disability attorney and business coach Marc Whitehead. The two discuss disability law, running a firm using systems, marketing strategies, case selection, building a great team, finding opportunity in chaos, and how to run a “lifestyle law firm” that works for you.

Michael and Marc begin by discussing disability law, which Marc defines as representing disabled workers and veterans for disability benefit claims. Marc began as a PI lawyer and decided to make the switch to disability law after referring out a lot of disability cases. He realized how much he enjoyed disability law and stopped taking PI cases altogether. Marc’s “5-Star” cases are disability insurance claims for dentists and doctors, but he notes how veterans seeking retroactive benefits can be very lucrative as well. He also refers to social security claims as his “bread and butter” because of their quantity. And he encourages personal injury lawyers to be mindful of clients who will have continued medical issues, as those clients may have a disability case and need additional legal help. Marc sums up his goals in disability law by stating, “If you haven’t been hugged by your client this week, you’re not doing your job.”

The conversation then shifts its focus to business management and running a law firm, which Marc coaches other lawyers on. Marc shares a story sure to resonate with many young lawyers, describing a cycle of winning a large verdict, then going broke again three months later. After stepping back and evaluating his business, he decided “The practice should serve me, I shouldn’t be serving the practice.”  Marc believes you have a duty to yourself and your clients to be profitable so you can do your best work for them.

On the note of profitability, Michael asks Marc what he did to make his firm profitable. Marc emphasizes the importance of time management, which he refers to as “focus management.” Marc chooses to live in his calendar instead of living in his inbox, which lets him dictate his own day instead of “constantly putting out fires.” Doing this allows you to focus your productivity and prioritize the best use of your time as a business owner.

Marc then shares his experience of learning to delegate tasks to other people. While Michael and Marc both agree this can be difficult at times, Marc insists learning to do this will allow you to spend your time where it’s most valuable. Marc practices delegation in his firm by developing checklists and flow charts for every task. This implements consistency throughout his firm and allows Marc to spend his time where it adds the most value.

Besides his law firm management and coaching prowess, Marc is well-known for his newsletter “The Successful Barrister.” Marc’s strategy is not to advertise his firm or bore lawyers with updates on disability law. Instead, he aims to provide a funny (he and his lawyers are shown as caricatures), informative resource lawyers will actually read and enjoy. Marc sends the newsletter to a list of 4,000 lawyers and has found great success in this, which leads Michael to share his experience sending a magazine to 1,600 lawyers and the challenge of accurately identifying its ROI. Michael and Marc discuss other successful marketing strategies and how to tailor your marketing approach to a high-volume firm vs. a “high-end, niche” firm.

Choosing to accept or reject a case is a complicated process. Marc has streamlined this process by establishing a separate intake department and removing lawyers and paralegals from the process. This intake team uses a set of checklists and flow charts to determine acceptance or denial of most cases, so Marc only has his hand in dictating the most difficult decisions. Michael agrees with this strategy and finds if he is involved in all the decisions, he will take on cases he shouldn’t because he knows he could find a way to win the case. Upon more reflection, Michael has found accepting these cases leads to unhappy clients and disappointed referral partners. Marc and Michael discuss letting go of the “hero mentality” and not accepting every case they could win. Marc now only accepts strong cases which work with his systems and workflow and refers out many winnable cases to other attorneys. Michael agrees with this strategy, saying, “All the time you’re working on that case, you’re not working on another case where you could add real value.”

Michael then asks Marc how he manages time between running a practice and coaching. Marc describes how he’s built a high-quality team to run his systems, which grants him the time to focus on marketing the firm and coaching. To build this team, Marc invests money into his hiring process. He utilizes an extensive interview process and two personality tests – the DISC Assessment and the Hiring MRI. While searching for the perfect candidate, Marc uses temp agencies to fill the vacant positions and strongly believes in the “hire slow and fire fast” mentality. Even though temps will cost him more money in the short term, Marc says it’s worth it to find the right candidate in the long run.

This transitions Michael and Marc into a discussion of COVID-19 adaptation. While many firms are laying off employees, this gives other law firms an excellent opportunity to hire previously unavailable, top talent. Marc describes COVID-19 as a great pressure test for your firm’s systems.  This will expose any weaknesses and allow you to fix systems that are not working. And he firmly believes, “Where there’s chaos, there’s opportunity.”

Marc has put together numerous resources for business and marketing in a way that builds a law firm that serves your life. He offers all of them for free because, as stated so many times on Trial Lawyer Nation, “A rising tide lifts all boats.” To receive a free copy of Marc’s marketing plan template or subscribe to “The Successful Barrister,” email him at marc@marcwhitehead.com.

This podcast also covers case management software, the differences between a high-volume firm and a niche firm, running a more efficient intake department, book writing, and so much more.

 

ABOUT THE GUEST

Marc Whitehead is double board certified in both Personal Injury Trial Law and Social Security Disability Law.  He dedicates his practice to disability law, specializing in long-term disability insurance denials, Social Security Disability and Veterans Disability.  He has authored multiple books on the topic of disability benefit claims and litigation.  Based in Houston, Texas, Marc runs a national practice and has successfully litigated disability claims in 44 states and counting plus Puerto Rico.

Marc is the editor and publisher of the bi-monthly newsletter, “The Successful Barrister–Marketing, Management & Life Skills that Probably Won’t Get You Disbarred.” Marc is an adjunct practice advisor for Atticus, through which he advises and coaches other lawyers on running successful practices.

Mr. Whitehead is a past president of the Houston Trial Lawyers Association (HTLA), and a member of the Board of Directors of the Texas Trial Lawyers Association (TTLA). He is actively involved in the American Association for Justice (AAJ) where he was a past chair of the Insurance Law Section. He was also a member of AAJ’s Marketing and Practice Development Committee among many others. Mr. Whitehead generously donates to AAJ as a PAC Eagle and his firm is an AAJ Leaders Forum member.

 

Traumatic Brain Injuries Attorneys
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Episode Traumatic Brain Injury

23 – Tom Crosley – TBIs: An invisible, yet very real injury

By Michael Cowen — 4 years ago

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with accomplished trial lawyer and national speaker, Tom Crosley, who has been incredibly successful in trying cases involving Traumatic Brain Injuries (TBIs).

Tom’s start in TBI-specialized cases began with a case involving a plumber who had a neck and shoulder injury with seemingly normal readings on his CT and MRI scans. The more he worked on the case, the more he found out through his client’s wife that his client just wasn’t the same as before the incident. It was when the defense lawyer was taking the plaintiff’s deposition that Tom realized his client likely had a TBI. All the things a plaintiff’s attorney cringes at in a depo were happening, from his client flying off the handle at the defense attorney, to forgetting his kid’s birthdays. Basically, all the things you think are going to be bad for your case. By the end of the deposition, Tom went from thinking this was a neck and shoulder injury case worth hundreds of thousands of dollars to thinking this could be a TBI case more than likely worth millions.

This sent Tom off to learn as much as he possibly could about TBIs, all in the face of having normal scan results, which back then were seen more as a barrier to proving TBI cases. His research inevitably led him to finding a case study where war veterans of Iraq and Afghanistan were not displaying outward signs of TBIs, nor were their CT or MRI scans showing any abnormalities, but were found to have TBIs through additional testing. Not to give the whole story away, but Tom tracked down the lead researcher, his client was tested and found to have a mild TBI, the case was won with a verdict over 20X the initial offer given pre-trial, and Tom’s specialty for TBI cases had begun.

Since then Tom attributes his ability to go from never having tried a TBI case to now being one of the country’s top TBI lawyers, to his penchant for reading medical literature and going to legal and medical conferences in order to gain knowledge of the cutting-edge science happening with TBIs. He also admits it’s not all brain science with TBI cases, but it also includes some very human nature elements sometimes overlooked. Things like before-and-after witnesses who can relay their own experiences with a plaintiff in a meaningful and impactful way, having nothing to gain from doing so. This puts the decision on the jury to conclude that this invisible injury (which many defense lawyers will proclaim isn’t real if it can’t be seen) either has a lot of people lying about it for the benefit of the plaintiff, or there is something very real about it given those who have first-hand accounts of seeing the plaintiff’s evolution from pre-injury to their current state. Michael shares his own firm’s experience about the timing of getting other witnesses involved in TBI cases and the hard lessons that experience has brought with it.

Next, Michael explores how Tom transitioned from having success with just one TBI case to building up the number of TBI specific cases to become successful. To which Tom explains that the sequence of your evidence at trial makes a big difference on the outcome of the trial and shares a perfect example based on his experience of the order where he has found the most success over time. Tom discusses the patterns which tend to work for him, although his process is nothing close to being cookie-cutter, and shares “just like no two snowflakes are alike, no two brain injury cases are alike.”

Michael and Tom both reference a shocking study which shows upwards of 56% of TBIs are misdiagnosed or go undiagnosed completely. Tom digs in and goes over some of the reasons WHY they get missed, starting with the most obvious in a traumatic medical situation where other orthopedic injuries tend to get the attention; i.e., someone goes to the ER with a bone sticking out of their leg and a concussion – the doctors focus on the bone first. Another challenge Tom points out is while a TBI is an invisible injury, their symptoms can also be described as things not brain injury related, such as age, depression, PTSD, psychiatric history, which also cause symptoms that mirror those of a TBI. So, the challenge becomes, in these cases, to figure out how those symptoms are related to brain damage and not related to something else. He goes on to discuss the lack of training most physicians receive on what to do with concussion patients, which adds another layer of complexity to many TBI cases.

Michael asks the question on all trial lawyers’ minds who work on TBI cases, and that is “what are some of the things that we should be doing when we get hired on these cases early in order to have the best possible chance of winning the case?” Tom explains the number one piece of advice when trial lawyers run into these types of cases is that as long as the plaintiff/patient is experiencing symptoms, they need to be getting documented in the medical records. You don’t want to go to trial with a gap in records where these life-changing symptoms are occurring, which Michael also points out is likely no different than the advice that you would give to a friend or a family member.

Michael and Tom explore several other nuances of TBI cases; but in the end, Tom explains, we are painting a portrait of a person whose life has been changed forever. Similar to a wrongful death case where the person who existed before is no longer; helping a jury understand the impact a TBI has on a person, their family, and the future and how this person no longer exists as they did before is EXACTLY what can turn a $100k case into a $16M case.

About Tom Crosley

Tom Crosley received his bachelor’s degree from the University of Texas in 1988, and his law degree from the University of Houston in 1992. He was admitted to the bar in the State of Texas in 1992 and is also admitted to practice in the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas, as well as the United States Court of Appeals for the Fifth Circuit. Prior to forming the Crosley Law Firm, P.C. in 2005, he was a partner with Branton & Hall, P.C. in San Antonio, where he worked for ten years. He began his legal career in Houston as an associate at Brown McCarroll, LLP.

Mr. Crosley is “AV” rated by Martindale-Hubbell, and is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy. He is a past president of the San Antonio Trial Lawyers Association in 2002. In 2001, he served under appointment by the Bexar County Commissioners Court to the Advisory Board for the Bexar County Dispute Resolution Center and he served in that position until 2006. He is a member of numerous legal organizations, including the American Association for Justice. He has been an active member of the Texas Trial Lawyers Association (Director, 2005-present, Advocates Director, 1999-2001), the San Antonio Trial Lawyers Association (Director, 2000-2001, President, 2002), the American Board of Trial Advocates, San Antonio Chapter (inducted 2004, Secretary, 2014, Treasurer, 2014, Vice President 2015, President-Elect 2016, and President 2017), the American Bar Association, the Texas Young Lawyers Association (Director, 1997-2001), the San Antonio Bar Association (President-Elect, 2018-2019, Vice President, 2017-2018, Secretary, 2016-2017, Treasurer, 2015-2016, Director, 2004-2006 and 2013-2016), the San Antonio Young Lawyers Association (Director, 1997-2001, Vice President, 2000) and the American Inns of Court. Mr. Crosley is a Life Fellow of the Texas and San Antonio Bar Foundation and is a member in good standing of the State Bar of Texas. Mr. Crosley has tried 50 cases as first-chair trial counsel, nearly all of them from the plaintiff’s side of the docket.

Mr. Crosley frequently serves as an author and speaker at legal seminars, usually on topics related to personal injury trial law. Mr. Crosley has been selected as a Texas Super Lawyer each year since 2004 and has been named as one of the Top 50 Lawyers in Central and West Texas by that publication for the last several years.

Mr. Crosley’s docket of cases includes personal injury and wrongful death cases arising from automobile and trucking accidents, defective products, medical malpractice, and related areas. In 2006 ($28,000,000), 2010 ($16,000,000), and 2016 ($11,485,000)

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