zen

102 – Michael Leizerman – The Value of Life: Understanding What Was Taken

In this episode of the Trial Lawyer Nation podcast, Michael Cowen sits down with the Zen Lawyer, Michael Leizerman, for his second time on the show. They’ll cover the importance of language in trial, the difference between something being “taken” vs. “lost,” connecting with your client, Leizerman’s upcoming Zen Lawyer workshop, and so much more.

The episode begins with Cowen asking Leizerman how he’s doing, then immediately retracting the question because he just asked it. Leizerman says this is actually the perfect way to begin the episode, because they’re going to talk about habits. Phrases like “pain and suffering,” harms and losses,” and others have become the go-to for trial lawyers everywhere – but that doesn’t mean they’re the most effective phrases to communicate your client’s injuries. Instead, Leizerman encourages you to think about it a different way; how the defendant took something from your client. 

Diving into further detail, Leizerman uses the example of how you feel when you lose your phone, versus when someone took your phone. When someone takes something from someone else, you feel like they need to either give it back or compensate them for their loss. In the personal injury world, there is no way for the defendant to give back what they took, so they must pay the value of what was taken.

This strategy also changes how the jurors see it. Jurors know it’s wrong for someone to take something. When you give them an active wrongdoer, and describe what they took, it can be very powerful.

Next, Leizerman shares the importance of describing what the defendant took from your client. This goes much deeper than the medical diagnosis, where most lawyers stop. If the client can’t work anymore or can’t play little league with their daughter, this goes down to the very state of their being, and you need to make this very clear to the jury.

“[The jury’s] sole job is to put a value on what was taken from [my client].” – Michael Leizerman

This discussion naturally flows into a topic frequently covered on the podcast – the case is about what we choose to make it about. Using the example of a herniated disc case, where the defense almost always claims there was degeneration prior to the incident, Cowen describes how he uses the treating doctor’s deposition to describe what the client’s life was like before the incident and what was taken from them. Leizerman loves this example and describes how he uses the defense’s medical expert to make the same point brilliantly, citing an impressive recent $10,988,000 jury verdict in a herniated disc case.

After discussing why it’s so important to spend time with a client in their own home, they transition to the concept called “companioning,” where you are present for someone’s pain without trying to fix it. Leizerman shares a deeply personal experience with his mother, who is currently in hospice, where he held her hand and sat with her for a long time. Applying this to lawyering, Leizerman says he has many phone calls with the client where he only speaks about 5% of the time. He simply listens, lets them speak, and every time they thank him for the conversation.

Cowen then adds that one of the greatest self-imposed sufferings in his life has been his “need to fix.” Over the years, he has gone on a journey to accept that his job is not to fix – it’s to get the client as much money as he can. Leizerman deeply relates to this feeling and gives it the term “empathetic distress.” Flipping the script, Leizerman then asks Cowen to dig a little deeper into how he’s coped with his need to fix. He gives an insightful answer and shares a meaningful example from a recent wrongful death trial, where the verdict gave the spouse such a feeling of validation. Leizerman agrees and had a very similar trial recently, where simply being heard was the most important thing for the client.

“My job is to reduce suffering in the world, and that includes reducing suffering in my own life.” – Michael Leizerman

Cowen then asks Leizerman what skills he has used to comfort people who are grieving. Leizerman describes how he is truly present with his client in their pain and aware of their energy. He recognizes the concept of energy may sound “wacky” to some, but he believes it works for him and makes a real difference in his connection with his clients. This has served him well in depos, where the defense will want to take a break as soon as his client begins crying or showing strong emotion. The clients feel supported enough to continue through the tears and pain of that moment, often resulting in a very powerful deposition.

They end the episode by discussing Leizerman’s workshop on Zen meditation. Cowen has attended before, and credits it to a huge jump in his skills and mindset. It has helped him be more present in the moment and make him an overall happier person. Leizerman appreciates this, and adds that Zen Buddhism is non-theistic and not about being calm all the time, but being truly present in a moment. Michael Cowen encourages all lawyers listening, especially lawyers with some experience under their belt, to attend.

Michael Leizerman’s next workshop will be held October 19th-22nd in Toledo, Ohio. You can learn more about the workshop and register here.

This podcast episode also covers why you shouldn’t beat yourself up when you misspeak in trial, why you need to tie the wrongdoing to what was taken, the details of both Cowen and Leizerman’s most recent wrongful death trials, why it’s important to look for non-portrait photos of your client before the incident, Michael Cowen’s experience at Michael Leizerman’s Zen workshop, and much more.

 

Guest Bio:

Michael Leizerman is a partner at The Law Firm for Truck Safety, which handles truck accident litigation across the United States.  He is the co-founder of the Academy of Truck Accident Attorneys (ATAA). He concentrates his practice in select catastrophic injury truck collision cases across the country.

Michael was the first Chair of AAJ’s Trucking Litigation Group. He and his wife and law partner, Rena, wrote the 4,000+ page treatise Litigating Truck Accident Cases. Together, they also spearheaded efforts in partnership with the NBTA and the ATAA to obtain the first and only American Bar Association-accredited board certification in truck accident law in the country.

Michael has taken 13 truck and bus cases to trial since 2006. He has received record-breaking truck accident settlements and verdicts across the country, including multiple verdicts with punitive damages. He and his firm have received multi-million-dollar results in over 50 settlements and verdicts.

Michael is also the author of the Trial Guides book The Zen Lawyer: Winning with Mindfulness, published in 2018.

 

79 – Malorie Peacock – Finding Joy in the Practice of Law

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his law partner Malorie Peacock to discuss how they’ve been finding joy in the practice of law and in life over the last year. They’ll cover the struggles of working from home, what they’ve done to keep joy in their lives, what they’re looking forward to most in 2021, and what Cowen’s Big Rig Boot Camp annual seminar will look like this year (and how YOU can attend!).

The pair begins their conversation on a topic that everyone listening can relate to- the struggles of working from home. They both agree that a lot is lost over Zoom, from the creative process to human connection as a whole. But they also agree that certain depositions and court hearings taking place over Zoom has been a huge blessing for time management’s sake. While they’re excited to engage and meet in person again, they hope that once COVID is no longer a factor, courts will continue to allow certain proceedings to be conducted remotely.

Michael then asks Malorie the big question of the episode- What did you do to keep joy in your life in 2020? Malorie explains how establishing a home office space helped keep her sane, and how their firm daily check in meetings have kept their team connected. Michael adds how remote work was a really fun challenge at first, from buying everyone laptops to figuring out remote court proceedings. But as time went on, he became very burned out from it all. He now finds joy in getting ready for trial and the excitement of starting to meet in person again.

Malorie then turns the tables on Michael and asks him what he’s most looking forward to in terms of practicing law. Of course, Michael answered quickly with trials. Whether in person or virtual, a good case or a bad case, he says “I just want to get back in the ring. I don’t care if it’s minor league.” He’s also looking forward to seeing people in person for conferences, and he and Malorie discuss how virtual conferences have fallen short.

Malorie continues by reflecting on their (failed) resolutions discussed in a podcast episode at the beginning of 2020. This leads her to ask Michael if he’s made any “resolutions” for 2021. Michael says he has, and the theme is “Taking my life back.” He’s looking forward to traveling, seeing friends, and trying cases. Malorie adds that she’s excited to get back into her routine, which as an obsessive planner, is something she misses dearly. She then shares a personal story about her wedding which was originally planned for September of 2020 and how she’s learned to let go of things out of her control. Michael then ties this beautifully into how lawyers stress about trial, and how this year has taught all of us to stop living in fear and to value the little things more.

After a brief but insightful conversation about burnout in the legal industry, Malorie asks Michael about something she knows he’s very excited about- his annual Big Rig Boot Camp on May 20th of this year. He shares that there are both virtual AND in-person attendance options this year, something he decided to do after the fantastic virtual turnout in 2020. If you’d like to attend Cowen’s Big Rig Boot Camp in 2021 either virtually or in-person in San Antonio, Texas, visit BigRigBootCamp.com and register today, as spots for both options are limited.

Michael and Malorie conclude the episode on a wholesome note. Michael shares how he is making a concerted effort to find joy in his life every day, and Malorie says she’s doing the same. If we can all take a step back and put everything back into perspective, 2021 is sure to be one of the best years yet.

This podcast episode also covers getting used to traveling again, what virtual court proceedings may remain virtual, why virtual conferences just aren’t the same, burnout in the legal industry, and so much more.

 

 

49 – Malorie Peacock – Applying 2 Seasons of TLN to Your Law Practice

Trial Lawyer Nation is proud to celebrate 2 years of podcast episodes! In this Table Talk episode, Michael Cowen sits down for a conversation with his law partner Malorie Peacock for a discussion about the last two seasons, their favorite takeaways from guests, as well as how this show has helped them create their 2020 resolutions.

The episode begins with Michael asking Malorie what she’s learned from the show and how she has been able to use and apply this to her cases. She responds with “you have to choose the kind of lawyer that you’re going to be” as a theme which has come up several times throughout the show. Whether it’s how you formulate your case strategy, how you run your business, or the kind of lawyer you are going to be, the first step is to go after this goal.

But this isn’t always easy and can be a struggle, which leads to Michael sharing his struggles and how he has overcome them. The “salesman in me wants to close every deal,” Michael reveals when discussing case selection. He explains how hard it can be when “you see the dockets getting smaller you have trouble not freaking out” and shares why it is so important to remain disciplined and stick with your business plan. And while a smaller case docket may be a business model for his firm, Malorie brings the conversation full circle by pointing out how not every business model should be the same.

The conversation shifts to a discussion on which episodes discuss how to turn “a good case into a great case” where Michael shares his thoughts on how Randi McGinn’s book and her skills as a former journalist help her dig deep into the story of a case. Jude Basile is another guest Michael brings up as he shares how inspiring it was to have spoken with him and understand how Jude was able to find value (and an excellent case result!) in a case involving an addict at an addiction facility when other lawyers may have turned the case away.

Malorie points out some of her favorite episodes have been those of Sari de la Motte and Michael Leizerman who help explain why you need to “do the work on yourself as well as in your cases.” When defense counsel does something on a case to cause you to react and become distracted, Michael shares how Leizerman has helped him understand “the zen” of it all and why it’s important not to let the other side upset you and take your energy away from your case. He also brings up the quote “how can they be right and we still win” and how this simple statement from Joe Fried has been so powerful in his cases. Malorie and Michael also agree on and discuss how this mindset can be helpful in a case with degeneration, in both liability and damages.

Entering the confession spirit as the year ends, Malorie asks Michael what his strategies are for enforcing what he says he is going to do. He reveals the lesson he has learned when taking on cases which do not fit his business model. Describing a serious injury case involving a TBI not fitting his “case on wheels” business model, Michael shares the extra time spent looking up case law and standards versus with a trucking case where he immediately understands about 95% of the rules and sources to cite and can do so very quickly. “It’s efficiency,” Malorie adds.

The topic of efficiency transitions nicely to another theme in the show, which is how the brilliant attorneys who have been on the show “create and enforce systems” within their firm so they can do the work they need to do on their cases. If you don’t do this then you’re constantly putting out fires and distracted from the work you should be doing. This also applies to the reality of “you can’t be a lawyer 24/7” and leads to a meaningful discussion on having a work/life balance and how burn out can not only impact your personal life but also your cases and effectiveness in the office.

The podcast ends with Michael and Malorie discussing their 3 resolutions for 2020, which include Michael sharing his book deal with Trial Guides and his goal to continue writing, and Malorie sharing her idea on how she will be using the firm’s in-house graphic designer to work up her cases, which Michael describes as “brilliant” and “will scare the crap” out of defense attorneys.

An exciting piece of news shared on this episode is Michael’s commitment to hosting a Facebook Live session every month in the “Trial Lawyer Nation – Insider’s Circle” private group . If you haven’t already requested to join this group, we suggest you do so now in order to participate in the first Facebook Live in January 2020. The exact date will be shared on our podcast social media pages and also via email for those who are subscribed to our emails.

Thank you to everyone who has supported our show for the past 2 years. We look forward to sharing even more great shows with all of you in 2020 as we enter Season 3!

24 – Michael Leizerman – The Zen Lawyer: Winning with Mindfulness

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In this Trial Lawyer Nation podcast, host Michael Cowen sits down with a brilliant trial lawyer, national speaker/lecturer, and author, Michael Leizerman. Cowen has learned an enormous number of methods and approaches over the years from Leizerman who takes mindfulness to a whole new level in and out of the courtroom.

The discussion begins with an in-depth look at the “beginner’s mind” and understanding how it adds to a case, and life, infinitely. Leizerman uses the example of the hierarchy of karate, where becoming a “black belt” is commonly misconstrued as becoming a “master,” when it simply means you are at the first level of Dan, meaning you are now a beginner once again. He also points out that he takes it upon himself to know when he feels like he has mastered anything, he needs to remind himself he is just a “beginner,” otherwise the jury will, his wife will, or life, in general, will remind him. As the discussion progresses, Leizerman and Cowen discuss the idea that in the beginner’s mind, there are many possibilities, whereas, in the master’s mind, there are few. Leizerman likes to bring this mindset to many aspects of his work and discusses how he uses it in depositions, saying, “There’s a feeling like I’ve never done one before” while holding confidence about himself knowing exactly what he wants to get out of the time.

In each case Leizerman approaches, he works to become mindful of what he calls “the 5 core truths,” which are also the basis of his book The Zen Lawyer: Winning with Mindfulness, as well as an essential part of the workshops he puts on with Joshua Karton [link to his episode] and Jay Rinsen Weik. He describes the mindfulness around the 5 core truths (Physical, Emotional, Logical, Motivational, and Zen) as being seen as simultaneous truths in every case and with the understanding that each core starts with the lawyer and their own understanding and experience. Leizerman talks through examples of each core including a powerful example where emotional truth was used in a case to show where a father’s simple love for his son led them to put the case on the line and not ask any questions of a witness. He also reveals how he used the 5 cores in a case which led to a record wrongful death verdict in Ohio and also why he believes lawyers don’t get large verdicts or are disappointed in verdicts. Hint, hint, it’s all based on these core truths.

Cowen and Leizerman agree sometimes trial lawyers forget that jurors, in general, want to see good done and want to help people and these core truths can motivate jurors to see their way to the best outcome based on their own truths. Leizerman also talks through the “curse of knowledge” we, as trial lawyers, have when we’re in front of a jury and it sometimes goes over the jury’s heads to where they feel “submerged” or lost in all the details.

Leizerman recalls coming to the conclusion after dissecting a case post-trial: we tend to bring the anger of a case to the courtroom without allowing the jury to experience it. Having a beginner’s mindset allows him to be the one who is grounded and the one who people look to for guidance vs. seeing him as the angry attorney who gets mad when things don’t go as planned. He finds that allowing the jury to experience the frustration for themselves when a defendant tells different stories that are contradictory instead of the lawyer pointing it out and calling them a liar, can become the lynchpin in a case. It comes down to letting the jury experience it for themselves vs. the jury trying to experience it through the upset lawyer. He makes note that when you get angry, it takes away the anger from the other party, even in many other significant relationships. In other words, if you get angry in the courtroom, often times it takes the anger away from the jury, the individuals you really want to experience the anger. He also points out if we were just analyzing the facts of the case, we could use a computer for that. We’re in the courtroom to live through the case and be the case that gets decided by the jury.

Cowen extracts many more nuggets of mindful wisdom from Leizerman throughout their conversation, including a hint to a possible addition to Leizerman’s authorship with a book on transformational storytelling, as well as how listeners can learn firsthand from him at the various workshops he holds throughout the year. This was definitely an exceptionally insightful interview with Leizerman and we look forward to learning more from him in the near future.

Guest Bio:

Michael Jay Leizerman is the co-founder of the Academy of Truck Accident Attorneys (ATAA). He concentrates his practice in select catastrophic injury truck collision cases across the country.

Michael is the author of the Thomson West/AAJ three-volume treatise, Litigating Truck Accident Cases. He was the first Chair of AAJ’s Trucking Litigation Group. Michael attended truck driving school and obtaining his Commercial Driver’s License while managing his law practice.

He has taken 14 truck and bus cases to trial in the last decade. He has received record-breaking truck accident settlements and verdicts across the country, including multiple verdicts with punitive damages. He has received over thirty multi-million dollar settlements and verdicts, including six settlements and verdicts in excess of $10 million.

Michael is the author of the Trial Guides book The Zen Lawyer: Winning with Mindfulness, published in  2018. He puts on a series of workshops teaching his Core Method, including meditation, Aikido and theater skills for lawyers (along with co-teachers Jay Rinsen Weik and Joshua Karton).

Learn more at his website www.TruckAccidents.com.