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Episode

97 – Chris Finney – Maximizing Value In Your Life & Law Practice

By Michael Cowen — 2 years ago

In this episode of the Trial Lawyer Nation podcast, Michael speaks with St. Louis trial attorney Chris Finney, to discuss his recent $750,000 jury verdict on a non-catastrophic injury case, the different voir dire techniques he used, his path towards personal development, and so much more.

The episode begins with Chris sharing his story about how he became a trial lawyer. Being the son of a plaintiff’s lawyer, Chris knew becoming a lawyer was something he would do. After law school he took a job working at the prosecutor’s office, but left when he was offered a job paying much more money at a defense firm. His time working on the defense side was limited and he quickly realized he was destined to be a plaintiff’s lawyer.

“We can get him out of this mess in like 5 seconds. Just call the plaintiff’s lawyer, ask him what he wants, and we’ll give it to him 
 and I didn’t get the best response.” – Chris Finney

Michael transitions the conversation and brings up the topic of development, asking Chris what he has done to excel in his career. Chris shares everything from regionals with Trial Lawyers College, Trial By Human, ethos with Rick Friedman, working with Sari de la Motte, Trial School, attending Trial Guides seminars, and reaching a comfort level with who he is when he tries cases. This brings up the topic of therapy, with Chris sharing how many of the lawyers he would meet at CLEs were divorced. Being happily married and a father to 5 kids, Chris knew he had to find a way to make it all work. Michael agrees and points out that being a trial lawyer means you have to trust a jury, realize the amount of influence you have on the success of a case, understand you cannot control everything, speak with clients and their families when they have been through something traumatic, and all of this can take a real toll on you. “You don’t have to sacrifice your entire life to do this and be good at it,” Chris adds, “you have to find some kind of balance.”

“There’s no better investment than investing in yourself.” – Michael Cowen

Part of the journey in development is also realizing you will not win them all. Which is why the conversation then turns to this topic, one repeatedly mentioned on the show. Chris shares that he has realized, “No one is going to remember your losses.” To which Michael likens this to professional football players. If Tom Brady is described as one of the best quarterbacks of our time, no one is going to expect him to win every single game, so why should lawyers expect the same of themselves? You give it your all and don’t beat yourself up if it doesn’t always go your way.

“It’s either too complicated or the jurors are very bored. Brevity and being concise about what’s important, has really helped us a lot.” – Chris Finney

The conversation then shifts to the topic of simplicity with Chris and Michael both agreeing on the importance of this in trial. “Any case is a simple case, it just takes a lot of work to get there,” Michael shares. The trust to do this and the trust in your teammates for it to be a success takes work and as Chris points out it’s done “in your personal exploration.”

Running a successful law practice includes having a great team and Chris brings up the importance of letting his staff know that “nothing they do will sink us.” Empowering staff to make decisions instead of running to your office every 5 minutes, allows you to be more productive and focus. Michael adds that in this current employment climate, keeping your staff is more important than ever. To which Chris takes a step further, sharing why it is also important to make sure when the office is gearing up for trial everyone is there and everyone puts in the work. The effort is done as a cohesive team.

The podcast then transitions into a detailed discussion on Chris’s recent jury verdict of $750,000 on a broken arm case. Briefly outlining the case, Chris explains how his client was driving when a vehicle veered into her lane, hit her head on, and her right arm sustained a fracture. His client had surgery and was then released from treatment. Thinking the case would settle for policy limits of $100,000, Chris initiated settlement negotiations before spending money on animations and the doctor deposition. But defense didn’t respond to him until the day before the doctor deposition, which was too late. It was then, with only a $70,000 offer on the table, that Chris decided this case would need to be tried. For Chris, the fact that his client was a great client helped make going to trial an easy decision.

“Jurors take money from people they don’t like and give it to people they do.” – Chris Finney

Starting off with voir dire, Chris goes into “creating a designed alliance,” which he defines as “managing and meeting expectations” and learned from Sari de la Motte (a two-time podcast guest). Chris brings up his learnings from Jason Selk, the renowned performance coach, and his belief in relationships failing because of missed expectations. For Chris one of this goals was to set the expectations with his jury panel and place himself in a powerful teacher mode. Michael then asks about the use of experiential, or issue-based, questions in jury selection. These are 1 or 2 questions (at the most) based on your fears of the case. In this case the two questions Chris wanted to ask involved: 1) seeing a surgeon and having plates or screws put in you, and 2) medical records.

Continuing with jury selection, Michael asks Chris to describe “the box.” Chris suggests everyone go to Sari de la Motte’s Hostage to Hero group on Facebook and listen to her interview with Mark Wham to learn more about this. Chris used “the box” in trial and explained to the jury panel, because liability had been accepted, they would only decide damages that were “fair and reasonable” and that was “inside this box.” Everything else like if there is insurance, who would pay, etcetera, would be up to the judge. After trial one of the jurors approached Chris and said when those topics came up he reminded his fellow jurists, “that is not our role we have to stay inside the box.” Elated, Michael responds, “I’m definitely going to use that!”

“There is an element of getting comfortable with being uncomfortable.” – Chris Finney

With the jurors only being out for 15 minutes, not asking for a single exhibit, Chris clearly did a great job putting on his case for the jury. He adds how in the last 5 years he has noticed jurors are more comfortable talking about their relationships and have no issue with non-economic pain and suffering; in fact, they see a tremendous value in it. Michael adds his belief that the isolation we’ve had the last 2 years has changed the value we put on relationships. Before recently we may have taken friendships and time spent with others for granted, but now we want those interactions and will make it a point to carve out time for them. Leaving listeners with the question, has our recent experience increased the value we, and others, hold in our personal relationships – and will this increase values in jury verdicts?

The podcast also discusses drawing healthy boundaries, being patient with yourself, the power of saying “no,” waving economic losses, showing up in the right mindset, the importance of breathing, and why eye contact is crucial in connecting with the jurors.

 

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Episode

92 – Delisi Friday – Back In Action: Post-Trial Discussion

By Michael Cowen — 2 years ago

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his Director of Marketing and Business Development, Delisi Friday, for a retrospective look at his recent in-person trial, including prep, mindset and more, only 3 days after the case settled.

The episode begins in a unique way with Michael turning the tables on the traditional Trial Lawyer Nation format and passing the interviewer role to Delisi. She goes on to open the conversation about how Michael is doing after his recently settled trial. “I’m on cloud 9,” Michael says in response, before going into how fun it’s been getting back into a courtroom for his first in-person trial since February 2020. (For the post-trial discussion of that case, check out Ep 53 – The Verdict Is In! with Malorie Peacock.)

After a brief reflection from Michael about just how much he missed in-person trials, Delisi comments on the “calm confidence” he displayed throughout the trial and asks how he developed that skill. Michael goes on to describe working on his mindset and sense of self to “have joy in trial.” He elaborates by sharing how he worked to separate his value as a person and his worth as a lawyer from his trial results. This created an environment where he was not only able to have fun and focus on what he needed to do, but also remove unnecessary pressures.

“You don’t want to say ‘I don’t care whether I win or lose,’ because that’s not true […] but, I just let it go [and] went in there with, ‘I’m just going to have fun, I have a great story, I’m going to tell that story, and I’m going to trust the jury to do the right thing.’” – Michael Cowen

Following a discussion on the differences between this trial and trials in 2019, Michael goes into the unique jury selection process for this trial. For starters, to appropriately space the 45 potential jurors, a larger courtroom was used which came with its own obstacles, such as columns blocking peoples view, the need for multiple spotters, and jurors being unable to hear their peers which limited discussion. “This was probably a little better, because we actually got to talk to every single person and the judge didn’t give time limits. We got to spend a full day doing jury selection, which in south Texas is a rare thing.”

Circling back to voir dire from a conversation about the client in this case and the challenges that arose from her growing story, Delisi cites Joe Fried’s advice from a previous episode (Ep 86 – Challenging Your Paradigm) regarding being comfortable with your number and asks Michael about his number, how he got to it and if he brought it up in voir dire.

Click here to view/download Michael’s opening transcript for the case referenced in this episode.

“I wanted to mention the $30 million number, that was going to be my ask in the case, and I put a lot of thought into why I thought $30 million was fair in that case [
] I wanted to get it out there early.” – Michael Cowen

In order to better understand the $30 million number, Michael goes on to describe his client’s injuries and her life before the incident. Before the incident, his client was a charge nurse at a women’s oncology unit in a top hospital in San Antonio. She enjoyed her job, helping others, the comradery with her fellow nurses and some well-deserved bonding time after a 12-hour shift. After the incident, however, that would quickly change.

Following an incident at Big Lots, where a 29-pound box hit her in the neck and shoulders, she would incur physical injuries such as a multi-level fusion in her neck, a rotator cuff injury, back pain and (we believe) a mild traumatic brain injury (mTBI).

Delisi then asks Michael about his decision to not have his client in the courtroom. Michael goes on to explain when your client is there, the jury is focused on them (seeing if they’re fidgeting, timing how long they’re seated/standing, etc.) and are not listening to the testimony. He also brings up that his client had some real psychological problems such as anxiety and depression, and that her moods could be unpredictable; a factor that he did not want to risk when presenting in front of a jury and felt would be unfair to her as well.

“The only reason to really call her was fear that [the defense] would punish us for not calling her.” – Michael Cowen

Delisi shifts the conversation to Michael’s use of photos of the client before her injury. Michael explains that to know what someone’s lost, you need to know what they had, and how he had to “bring to life” the person she once was. He goes on to say that he worked with his client, her friends, family, and others to get a lot of photos of her smiling, and doing what she loved, to paint a picture of her joyful life. When talking to Michael after the case settled, one juror described the contrast of those smiling, happy photos to her current, pained photos as “striking.”

One of the final topics Delisi brings up in this episode, is Michael’s thoughts on trying his first case with his law partner (and frequent TLN guest) Sonia Rodriguez. He shares why it was a great bonding experience and while there may have been some differences in approaches, that he knows their trial team “will get there” after working more cases together. Delisi brings this topic full circle by discussing the importance of over-communicating with your staff, especially ones that you’ve not tried cases with before, to assure your trial preferences and processes are handled as smooth as possible for all parties involved.

The episode ends on a lighter note with Michael talking about an experience with his 10-year-old son, a meltdown, and his unique approach to make his son smile. He explains that during a 3-day weekend, his son did not want to do his homework and was less than thrilled about being asked to do so. Michael, attempting to soothe the situation, offered a unique (and very attorney) approach to the situation; a Change.org petition to end weekend homework. The two end by calling out to fans of Trial Lawyer Nation to make a 10-year-old boy (and many more 10-years-olds, for that matter) smile by adding their signature to the petition.

This episode also covers the differences between trials pre- and post-pandemic, Michael’s feelings about settling his case during his return to in-person trials, going against respectable defense lawyers, and much more.

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Episode

89 – Michael M. Guerra – From Guts to Glory

By Michael Cowen — 2 years ago

In this episode of the Trial Lawyer Nation podcast, Michael Cowen sits down with McAllen, TX trial attorney, Michael M. Guerra, to discuss his multiple 7 and 8-figure verdicts & settlements, recent “monster” settlement in a “legally tough case,” and advice on how to achieve verdicts like these in your cases.

Cowen and Guerra begin the episode by discussing Guerra’s background and how he got into doing plaintiff’s work. Guerra begins by explaining that he had an Allstate defense firm job waiting for him after law school and was “quickly terminated,” citing that his heart was not in it. Seeing as he was married right before starting law school, had a baby on the way and a mortgage to pay, he quickly took a job as a court-appointed lawyer; a position leading him to over 100 jury verdicts.

In 1995, Guerra was appointed Guardian Ad Litem in a death case in Plainview, TX, where he would meet Mikal Watts. This meeting would ultimately lead to Guerra opening Watts’s McAllen office, where we would work alongside Watts before going off on his own.

“Pushing trials and then just going in there and watching good defense lawyers do what they did. I learned a lot [from them].” – Michael M. Guerra

Guerra then goes into a harrowing story of a case he took on just after going off on his own; a case involving the death of his friend’s father, a high-ranking Sergeant Major in the Army who was killed after his RV exploded when he lit his morning cigarette. The explosion was due to a gas leak in the RV trailer.

Guerra began the case by enlisting the help of several experts; namely Mike Schultz (Illinois) to look at the trailer and Tim Dunn (Georgia) to investigate the gas system. Shortly after beginning the case, a call from a Sheriff’s deputy would change everything for Mike. “He [said], ‘Hey, Guerra, I’ve got to tell you. When we got into the trailer
we found the [gas] burner in the ON position.’” Understanding that the Sergeant Major had most likely left the stove on by accident, Mike’s original thought of a defect or leak causing the explosion was called into question. He couldn’t believe it.

Continuing past this unfortunate revelation, Mike began researching the trailer and oven manufacturers and came upon an interesting, and ultimately crucial, piece of information: the company sold the exact same trailer in Australia with one key difference, their stoves contained a “flame failure device.” This device, which automatically shuts off the gas once the flame goes out, was absent from American models of this trailer; a safety feature that would’ve cost the company only 99 cents per burner to install.

“That case consumed me for 10 months, [as] we got it set for trial.” – Michael M. Guerra

The case was settled a week into trial for an amazing result and, more importantly, saw the trailer manufacturer agree to include the “flame failure device” safety feature in all future models.

The two then move on to discussing Guerra’s latest case out of the Port of Brownsville; a case involving “ship breaking,” the process of dismantling a ship to reuse parts or extract materials, a flash fire, and 2 men who suffered significant burns (one who was burned on over 80% of his body and passed away).

After discussing details of the case including the ship owner filing a Limitation of Liability Act, getting removed to federal court, and then returning to state court, the two begin to discuss Guerra’s invaluable 2-day, 36-person mock trial, which gave him the confidence to ask for huge numbers ($250-$300 million) in voir dire; a task that, Guerra confessed, scared him.

“It took a lot, for me personally, to [ask] for that kind of money; knowing people would throw hand grenades at me.” – Michael M. Guerra

When everything was said and done, calmed and confident from his meditations, prayers, and with some last-minute motivation from a Nick Rowley CD in his car on the morning of trial, Guerra couldn’t wait to get started. The jury was selected on Friday, presenting evidence was scheduled to begin on Monday, yet they would not have a chance to begin, as the case was settled on Saturday evening.

Cowen then shifts the conversation to what Guerra did to pressure the defense in the case. Guerra responds, “most jurisdictions from coast to coast have laws that create a duty for insurance carriers to use good faith when settling cases. In Texas, we call it the Stower’s Doctrine, which says that if an insurance company refuses to settle a case, that reasonably should have been settled within policy limits, the insurer can sue that carrier and they can be on the hook for the entire amount of verdict even above their policy limits.”

“It’s an everchanging, very dynamic area of law, in my opinion” – Michael M. Guerra

Guerra closes the discussion by talking about how he hired several different policy lawyers, including coverage lawyers specializing in reading insurance contracts, to help draft a demand to the carrier. “That really paid off in the end,” he says as he reflects on the impact of hiring those lawyers, including a quick note on the defense commenting on how expertly done the demands had been.

This podcast episode also covers the importance of working with and learning from great lawyers, advice for handling “monster” cases, why you should give your cell phone number to everyone, and much more.

Guest Bio

Michael M. Guerra was born and raised in McAllen, Texas. He received a Bachelor of Science degree from Texas A&M University in College Station and a law degree from Texas Southern University in Houston. While at A&M, he was a member of the Corps of Cadets. In law school, Mr. Guerra was an American Jurisprudence Award recipient in Constitutional law. Mr. Guerra has been licensed to practice law since 1993. He is certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and has served as a member of the Exam Commission. Mr. Guerra began his career by successfully trying dozens of criminal trials to jury verdict. He transitioned his practice to representing plaintiffs in civil litigation, including representing hundreds of landowners in an aquifer contamination case and representing the Plaintiffs in America’s first Ford Explorer – Firestone tire case to reach a jury. Since then, his efforts have been instrumental in compelling safety improvements in product manufacturing and premises management. Over his almost 30 year career, Mr. Guerra has generated hundreds of millions of dollars in recoveries for his deserving clients. His efforts have achieved astonishing results, including a $33 million injury verdict which was the record verdict in Texas for a case of its type, as well as multiple settlements of more than $20 million.

Mr. Guerra has been featured as a speaker in numerous civil litigation seminars and his articles have been featured in national publications. His cases have been profiled by, or he has been quoted by numerous major news organizations such as the New York Times, the Los Angeles Times, CNN, and Fox News.

Mr. Guerra is a fellow in the International Academy of Trial Lawyers and a member of the American Board of Trial Advocates (ABOTA,) as well as the Attorney Information Exchange Group (AIEG). He has been named Texas Monthly – Texas Super Lawyer in multiple and consecutive years and he was named to The National Trial Lawyers – Top 100 Trial lawyers. Mr. Guerra is on the Advisory Board of the Texas Agriculture Lifetime Leadership (TALL) program and is on the Advisory Board of the McAllen Pregnancy Center. He is also a member of the President’s Board of Visitors for the Cadet Corps at Texas A&M University. Mr. Guerra was selected as the 2018 Ronald D. Secrest Outstanding Trial Lawyer Award recipient by The Texas Bar Foundation. The award recognizes a trial lawyer who, in his or her practice, has demonstrated high ethical and moral standards and has demonstrated exceptional professional conduct, thus enhancing the image of the trial lawyer.

Michael Guerra is married to Mindy Guerra and has three children.

 

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Episode

76 – Benedict Morelli – Never Deviate: Telling the Truth, Trusting Your Instincts & Taking Risks

By Michael Cowen — 3 years ago

In this episode of the Trial Lawyer Nation podcast, Michael sits down with legendary trial lawyer Benedict Morelli. With several 8 and 9-figure verdicts under his belt from a wide range of civil litigation areas, Ben’s track record as an attorney and advocate is known across the country, from suing Bill O’Reilly for sexual harassment and representing Tracy Morgan in his trucking case against Walmart. He and Michael discuss Ben’s story and path to success, a number of his high-profile cases, how he connects with the jury, and so much more.

Ben’s legal career started over four years before he passed his bar exam, while he was working at a law firm in an administrative role. There, he had the opportunity sit in on several jury trials and jury selections. Because of this, he had a head start in figuring out what strategies worked for him, namely authenticity in front of the jury. He continues to hone his craft today by researching other cases and their results. Interestingly, he doesn’t focus so much on the amount the jury awarded. Instead, he digs deeper into the facts of the case to analyze how great the verdict really was and encourages his team of young lawyers to do the same.

After Ben explains that he simply refuses to play by the insurance’s rules of offering about half of what you ask for, Michael digs deeper into where Ben gets his courtroom confidence from. Ben uses something he calls “Ben Morelli’s personal moot court” and seeks feedback from his friends and family. He also references Tracy Morgan’s trucking case against Walmart, eloquently stating “When I have a royal flush, I don’t play it as a pair of two’s.” If you have a strong case in a good venue, have the guts to stick to your number while also analyzing the risk vs. the reward.

Ben is now at the point in his career where his reputation precedes him, and he shares a SHOCKING story from his case against Live Nation where it worked to his advantage.

Michael then digs in to one of Ben’s biggest strengths, how skilled he is at connecting with the jury. His short answer is, “I am them. I’m exactly them.” He grew up like most of them, doesn’t talk down to them, and ALWAYS tells them the truth. He also NEVER uses jury consultants or a mock jury, which is in stark contrast with how many of our previous guests choose a jury. Instead, he goes into voir dire with no bag, paper, or even a pen and ALWAYS sticks to his theory. He insists that his own instincts and knowledge have served him better over the years, and that “When I bet on the jury, I win.” While a unique approach, this technique has served him so well that he’s been told my numerous judges that he won the case in jury selection. He concludes this topi by clarifying that the most important thing is that you stick to who you are, and find what techniques work for you instead of “drinking the Kool-Aid.”

Ben is also unique by today’s standards because instead of specializing his practice, he takes on a wide variety of cases in different practice areas. His philosophy on this is that if it’s a civil case, he can learn it. He also genuinely enjoys the challenge and takes a lot of pride in the diversity of his practice, something he urges other lawyers to consider before they specialize.

Michael then asks Ben how he motivates and educates his large team of young lawyers.  Ben describes his daily meetings with his lawyers and also with his staff. “I’m never too important,” he continues. Every attorney in the firm knows he will personally read every single thing they write. Michael agrees with this philosophy, and he and Ben discuss why it’s so imperative to stay involved in the litigation aspect of your firm, even after you’ve built up a great team.

The pair ends the episode by discussing two of Ben’s star-studded cases – Tracy Morgan’s trucking case against Walmart and suing Bill O’Reilly for sexual harassment. After sharing what it was like to represent a celebrity of Tracy Morgan’s caliber, he explains how suing Bill O’Reilly was one of the most nerve-wracking cases he’s ever had. They went after Ben, his wife, and his practice “with a vengeance.” The details of this story are shocking and Ben’s decision to stick with the case is truly inspiring.

This podcast also covers individual case lawyers vs. mass tort case lawyers, how Ben orders his witnesses (and why it’s SO important), how to internalize what your client’s been through, the power that plaintiff’s attorneys have, Ben’s record-breaking sexual harassment suit verdict, why Ben chose not to specialize his practice, and so much more. This episode is full of insightful and inspiring stories that are well worth the listen!

 

Guest Bio:

Benedict Morelli is one of the most successful plaintiff attorneys in the country, securing numerous multimillion-dollar results, including a $95M verdict in a sexual harassment case and a $102M verdict against Live Nation. He also helped negotiate a $265M settlement – the largest settlement for a passenger railroad accident in US history – for victims of the 2015 Amtrak train derailment. Mr. Morelli and his firm often litigate high-profile cases, including representing comedian Tracy Morgan in his lawsuit against Walmart and being one of the first to successfully sue Bill O’Reilly and Fox News for sexual harassment. He has deep experience in a variety of civil matters, including personal injury, truck and auto accidents, employment discrimination, medical malpractice, and product liability.

 

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Episode

75 – Delisi Friday – Keys to Success: Lessons From Zoom Trial Prep

By Michael Cowen — 3 years ago

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his marketing “genius” Delisi Friday to discuss what they did to prepare for a Zoom jury trial. While the case settled one day before the trial was set to begin, they learned some key takeaways on what it takes to prepare a case for trial in this new and exciting format.

They jump right into the episode by discussing the need for movement in a virtual trial. Michael insisted from the beginning that he needed to be able to stand up and move in order to engage with the jury, especially for voir dire and opening. He compares this to a live TV show, versus a normal trial being like live theater. He also emphasizes the importance of proper lighting, the jury being able to see your facial expressions clearly, making “eye contact” with the jury through a camera, and practicing (and recording) every single aspect of your presentation to ensure it goes off without a hitch.

Michael then goes into detail about how he planned to conduct voir dire and maintain eye contact throughout – something he says, even with a ton of practice, “was weird.” They mitigated this challenge by displaying the jury on a 70 inch TV located above the camera. Additionally, they had a smaller screen located underneath the camera where they “spotlighted” the speaker. This allowed Michael to both see the entire jury panel and make “eye contact” with the juror he was currently talking to.

He then explains why “practice, practice, practice” is SO crucial for a virtual trial. This includes using ALL of the equipment you plan on using ahead of time, sharing an embarrassing test voir dire he did with a group of lawyers that was riddled with technical issues. You don’t want to be thinking about whether the tech will work or not, you want to be thinking about your connection with the jury. Delisi agrees and adds that you need to know when to stop adding new things in your effort to be better, give yourself enough time to practice with everything, and minimize the stress of last-minute changes.

They move on to discuss the advantages of a Zoom jury trial versus a regular trial. Michael shares how jurors no longer have to get up and go to the courthouse, they’re excited about the novel concept, and as plaintiff lawyers, you now control what the jury can see. Delisi agrees and shares that they learned so much through this process, including the (shocking) importance of using less visuals.

Michael continues by sharing how important his trial lawyer friends’ input was in this process. The love and sense of community he felt was extraordinary, and the process of practicing with them helped him hone his presentation and gave him a sense of confidence. Delisi agrees and adds that seeing the development of his opening statement was so “magical,” and that she could really see the difference and the growth throughout. She also adds how the Zoom medium and the excessive amount of practice allowed Michael to take more risks and resulted in a much more dramatic and engaging opening statement.

Michael then takes a step back to explain that even if you don’t have a “team of pro’s,” you can incorporate some of these steps as long as you have someone to help you. Delisi agrees and adds that most of the materials they purchased were very affordable – she even utilized a cardboard box to block sunlight from hitting Michael’s face!

They conclude the episode by discussing their main takeaways. Michael shares how he would have tried to have a pre-trial conference earlier to hammer out some issues ahead of time, and started practicing with the technology further in advance. Delisi adds that she learned how important simplicity was in this process, and next time she wants to consider that in how we aid in the storytelling process. Michael agrees and once again emphasizes that you need to practice, record yourself, and watch those recordings. He also reiterates that it’s not about the lawyer or their ego – it’s about the jury and your client. And when the jury trusts you, they’ll work through a technical issue with you. If you trust in them, it takes a lot of your stress away.

While Michael is a bit disappointed that the case settled and he didn’t get to try it, he knew that the settlement offer was what was best for his client and was happy to take it. This process still provided valuable practice for the next time he gets the opportunity to try a case by Zoom, something he firmly believes is the best option for getting justice on personal injury cases right now. He urges any trial lawyer listening to seize this opportunity if it’s presented to them.

This podcast also covers hand gestures, learning to use two cameras on Zoom, the importance of camera angles, light reflections, and considering the video of your witnesses who are not in your office.

SHOW NOTES:

Some of the materials discussed and used for their “Zoom courtroom” are linked below and available for purchase online:

  1. Grey backdrop (under $20)
  2. Headphone extension cable (under $10)
  3. Wireless lavalier microphone (under $80)
  4. Backdrop System Kit (under $70)
  5. Micro HDMI to HDMI cable (under $20)
  6. Cam Link 4K (under $125)