video evidence

78 – Randy Sorrels – Masked Justice: Part 4

In this episode of the Trial Lawyer Nation podcast, Michael sits down with former President of the State Bar of Texas, Randy Sorrels for another installation of our Masked Justice series. Randy recently tried an interesting case where he represented the sons of two former professional baseball stars and received a $3.25 million verdict. They’ll cover that recent victory, how this trial was different from a pre-COVID trial, what it’s like representing famous clients in high profile cases, Randy’s service to his clients, and more.

They start off the episode by digging into Randy’s background. As a defense lawyer at a large firm early in his career, he was able to gain experience trying cases quickly after law school. That experience has proved invaluable since transitioning to exclusively plaintiff’s work, and he notes some interesting differences between how a plaintiff’s lawyer and a defense lawyer try a case. He then sums this up by stating, “Trials always happen because one side mis-evaluates the case. I’ve been on both sides of that.”

Michael then transitions the conversation to Randy’s recent trial verdict, and Randy starts by sharing the facts of the case. His clients were two minor league baseball players, who just happened to be the sons of former professional baseball players (and close friends) Roger Clemens and Mike Capel. The two young men were at a high-end bar/night club on New Year’s Eve of 2018 when they were brutally attacked by a bouncer and, Randy claims, the owner of the venue. After a “scuffle” which neither of the men were involved in broke out, they were both violently thrown out of the bar, causing Kacy Clemens injury to his throwing elbow and Conner Capel a fracture to the skull. But more importantly, they both suffered tarnished reputations for “being in a bar fight,” something the MLB does not take lightly.

Randy was hired on the case almost immediately, leading Michael to ask what he did to preserve evidence. He shares how the police attempted to preserve the security footage from the incident, but after a suspicious interaction with the owner, they were informed the cameras only live stream and do not record. Luckily, video of the incident had been captured on cell phones from patrons. This footage was the evidence needed to prove neither of the men were involved in the fight.

Michael then digs deeper into the mechanics of Randy’s COVID-era trial, which was held in person in Harris County, Texas. Randy explains how they selected the jury in a large convention center and how the judge did an excellent job with maintaining a safe environment for everybody. The courthouse setup placed the jurors where the audience usually sits and placed the witnesses in the jury box. If you stood up, you had to wear a mask- something Randy avoided doing for the first couple days of trial, but once he stood up with the mask on, he noticed jurors were paying better attention than when he was seated and mask-less.

Randy then discusses why he does not believe there was a negative effect on the jurors with Covid safety protocols, and though he was initially concerned the jury pool would lean conservative, it ended up being a very diverse and representative jury. And while this trial was far from “normal,” Randy is very satisfied with the $3.25 million verdict he received for his clients and was highly impressed with Harris County’s system for in-person trials during the pandemic.

Aside from the unusual circumstances surrounding the trial brought on by the pandemic, Michael is curious as to how you convince a jury to award a professional athlete’s son a 7-figure verdict. Randy explains how it was a challenge, especially because both clients were working within 10 days of the incident, but in the end it worked out. In fact, Roger Clemens’ testimony was especially powerful to the case. Randy shares an amazing story of what happened when the defense attorney tried to grill Roger about allegations of steroid use, but ended up saying, “I’m a huge fan, and you’re a hell of a baseball player.”

This wasn’t Randy’s first rodeo representing a famous client. Early in his career, he also represented Ozzy Osbourne after he was rear-ended in a taxi in Houston (something that left Michael star struck)! While his whiplash injury was seemingly minor, Randy explains how it turned into a fairly large case because Ozzy had to cancel 3 shows for the most rockstar reason you’ve EVER heard. This story is a must-listen for metal fans and legal enthusiasts alike!

Randy also explains how important service is to him through his time as the State Bar of Texas President, a mostly unpaid position which he served in for a year. He believes interacting with lawyers on both sides has made him an even better trial lawyer today, and helped give him the state-wide notoriety to start his own firm, Sorrels Law. Michael also points out how Randy will share when he gets the policy limits on a case with a $30,000 policy limit. But Randy explains why those cases are still important and deserve representation, something he’s happy to give them.

The pair end the episode with another unbelievable story from Randy’s most recent trial, involving a lovable defense witness with a hidden secret. This really is one you need to hear to believe!

This podcast episode also covers why Randy was hired so quickly on the Clemens case, a creative place to search for footage of a crash, the safety precautions taken by the court, whether or not you should conduct jury research before a trial, why big verdicts are good for all plaintiff’s lawyers (even if it’s not your own), and so much more.

If you’d like to speak with Randy Sorrels you can email him at randy@sorrelslaw.com or call his cell phone at (713) 582-8005.

 

Guest Bio:

Randy Sorrels is the Immediate Past President of the State Bar of Texas, which consists of almost 105,000 lawyers. Texas lawyers voted him to this position by the widest margin of victory in State Bar election history. As a Texas lawyer, Randy has also been named one of the top 100 lawyers in Texas for the last 14 years by Texas Super Lawyers magazine.

Randy holds five board certifications from the Texas Board of Legal Specialization and the National Board of Trial Advocacy. He has extensive experience handling personal injury cases, medical malpractice cases, and business disputes – including “bet the company” cases.

Most recently, Randy has been named the Best Lawyers® Medical Malpractice Law – Plaintiffs “Lawyer of the Year”, in Houston, and this is his third time for him to receive this honor. He has also been awarded some of the highest legal honors in Texas. He has been awarded the State Bar of Texas’ President’s Award (recognizing the one Texas Lawyer who provided the most outstanding contributions through distinguished service to the lawyers of Texas), the Judge Sam Williams Award (recognizing the Texas lawyer who provides the greatest contribution to both local bars and the State Bar of Texas), and the Houston Bar Association President’s Award (recognizing significant contributions to an HBA program). Early in his career, Randy was honored with the Woodrow B. Seals Outstanding Young Lawyer of Houston Award (recognizing the one young Houston lawyer who exemplified significant professional traits both inside and outside the practice of law).

 

52 – Karonnie Truzy – Iron Sharpens Iron: How Practicing in a Tough Jurisdiction Makes You A Better Lawyer

In this Trial Lawyer Nation podcast, Michael Cowen sits down with attorney Karonnie Truzy from North Carolina. This show covers everything from contributory negligence, to gross negligence, making your case about the company, 1983 civil rights cases, and the simple things attorneys can do to help with diversity and inclusion in our industry.

The conversation starts with a discussion on how to maintain a work-life balance, as it is certainly a big issue for the legal industry. Simply put Karonnie believes, “people make time for things that are important to them.” He shares how hard his paralegals work to make sure travel takes place in the middle of the week so on weekends he can be with his family. His law firm is also supportive and will proactively tell him to take some personal time when he’s spent long hours at the office (a rarity you hear about at big firms). And he shares a great example of their care for him when he injured his Achilles last year.

Contributory negligence is the next topic discussed and an important one. North Carolina is 1 of 4 states with contributory negligence, essentially stating if you are found to be ANY percent at fault and responsible in ANY way for your injury you cannot recover damages. It is a complete bar, which is different from other states with a comparative negligence between the plaintiff and defendant. “Wow. So how do you deal with that?” Michael asks (clearly the same thought on everyone’s mind). It starts by accepting cases on a case by case basis. But it’s also incredibly important to do a lot of investigation work at the very beginning from talking with witnesses and law enforcement, to gathering video evidence. And while contributory negligence is difficult Karonnie also discusses “last clear chance” and “gross negligence” as ways to get around it.

Michael and Karonnie then discuss what can be done to make a case about a company and not just the driver in order to make it a bigger case. To begin Karonnie shares why it is important to have everything you need in discovery from employee handbooks to training materials. JJ Keller is often referenced, so Michael adds why these materials can be useful to plaintiff attorneys by giving an example of how his law partner Malorie Peacock is using the JJ Keller training to learn what the rules are and what people should be trained on for a unique explosion case. Karonnie then explains how he organizes his depositions and uses 30(b)(6) to know he is deposing the right people in the case (30(b)(6) is discussed in detail in episode 30 with Mark Kosieradzki).

Karonnie also handles 1983 civil rights cases, which leads to a discussion of qualified immunity with police officers. You’re usually not the attorney riding in on a white horse and most jurors already believe your client did something wrong. So how do you handle juror perception? In most cases like this the police department will hold a press conference and news stories will be shared, so Karonnie will use this footage to ask whomever made those statements “was this truthful, was this actually what happened?” He does this in front of the jury, so they can see how these statements before a proper investigation can skew their perception because the information was inaccurate. The same inaccurate information also aids in mean comments on media articles, which Karonnie purposely does not read. However, the conversation comes full circle when Michael shares he reads those mean comments to learn about hurdles he has on a case and Karonnie states he does this with focus groups whether it’s a civil rights case or a trucking case.

Explaining the dynamic of a family after they lose a loved one is critical in our industry. But sometimes we as attorneys have to explain to a jury why the value of life is the same no matter who it is. If our client was not the perfect person and lost their life, “we take away the opportunity for redemption” Michael poetically states. Karonnie responds with a heartfelt example of a case where in deposition the daughter of a deceased client describes why she is upset about the loss of her father when her relationship with him was not great. It’s a story that will undoubtedly resonate with everyone and may bring some to tears as they realize just how precious every day is in life.

The topic of “diversity and inclusion” is often discussed in the legal industry. Karonnie recently finished his 3 year role as Chief Diversity Officer for the North Carolina Advocates for Justice and shares how this role was created to work to on this issue. But change doesn’t just happen, it has to be real and not “just words on a paper” he explains. Michael shares his simple, yet effective, way of simply inviting new people to join a group. This leads Karonnie to describe the impact cliques can have within an organization, or when attending a CLE, and why it’s important for attorneys to realize when this happens you leave people out and it can create a problem. It’s a truly honest and open conversation on what can sometimes be an uncomfortable topic to discuss.

This podcast also covers sudden emergency defense, how the AAJ Trucking Litigation Group helps with industry standards, using the commercial driver’s license manual to show what is reasonable in adverse weather conditions, and so much more.

 

ABOUT THE GUEST

Karonnie Truzy is a North Carolina attorney where he practices as a Partner with the law firm of Crumley Roberts, LLP. Karonnie has been licensed to practice in the state of North Carolina since 2001 in both state and federal courts and he concentrates his practice on handling
complex injury cases, commercial motor vehicle cases, and wrongful death claims throughout the state of North Carolina in Federal and State Court. Karonnie earned an undergraduate degree from the University of South Carolina at Spartanburg (Upstate) where he played basketball and further earned his Juris Doctorate from the Wake Forest University School of Law. He is dedicated to providing quality legal representation to each of his clients has helped his clients obtain successful results throughout North Carolina.

 

Karonnie is an accomplished attorney and has received a 10/10 Superb AVVO rating. He is listed in the Best Lawyers publication and serves on various boards on legal associations in North Carolina. Karonnie has most recently served as the Chief Diversity officer for the North Carolina Advocates for Justice, the state’s largest Plaintiff’s bar. Karonnie has a passion for the practice of law but more importantly providing legal guidance to clients in need of assistance.

 

Karonnie is actively involved in his community and church. In his free time, he enjoys spending time with his family, working within his church, basketball and more basketball! Karonnie is married and has one daughter and twin boys.

 

Education

• Wake Forest University School of law, Juris Doctorate, 2001

Order of the Barristers for Excellence in Trial Advocacy

• University of South Carolina Spartanburg, B.S., 1998

Professional Affiliations
North Carolina Bar Association
United States District Court for the Eastern, Western, and Middle Districts of North Carolina
United States Court of Appeals for the Fourth Circuit
American Association for Justice
Academy of Truck Accident Attorneys
North Carolina Advocates for Justice

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