Trial Lawyer Nation

Focus groups can be a pertinent tool for complicated cases to get a sense of how ordinary people think about a case. Malorie J. Peacock, Partner at Cowen Rodriguez Peacock, uses focus groups to gain an outside perspective on her cases. “Sometimes you get so wrapped up in the minutiae of your case or some technical details, or you’ve learned the case so well that you think it’s obvious to everybody else,” she explains. “Having that outside perspective is a way to get feedback to make sure you’re not just buying your own bullshit.” Host Michael Cowen joins in on the discussion with Malorie who recently returned from hosting a focus group for one of her upcoming cases. They share what they’ve learned about focus groups, why you should consider using them in your own cases, how to facilitate them, what you gain from them, and most importantly, how to learn from them to inform your cases. The episode provides examples of how to use both concept and adversarial focus groups to achieve your objectives, sharing real-life case studies that both Michael and Malorie have seen play out first-hand. Featured Guest Name: Malorie J. Peacock About: Malorie J. Peacock is Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas, and received her JD from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case. Firm: Cowen Rodriguez Peacock  Connect: LinkedIn Episode Highlights  [02:18] Focus groups, defined: Malorie explains that a focus group is simply a group of people who are not associated with your case that allow you to test your strategy and get feedback.  [05:29] Different ways to test: There are many different ways to employ focus groups to add value to your case. Malorie advises the most important thing is knowing the purpose of the focus group. [09:38] Bringing out your competitive nature: Michael talks about how adversarial focus groups can help lawyers rehearse for their cases ahead of time while channeling their competitive sides. [13:41] Focus groups are not predictive of the numbers: Malorie reviews all the different variables that can change between a focus group and a court case that affect the numbers in the final outcome. [15:21] Expect the unexpected: Michael speaks to how certain rulings from judges or specific facts being presented can have a big impact on how a case proceeds.  [21:18] Emotional attachments can get in the way: Michael points out that if you’re feeling emotional about a case and can’t run the focus group from a neutral perspective it might be better to hire a third party facilitator.  [24:35] How to find people to participate: Several different channels can be used to recruit people for focus groups.  [25:32] The right way to use Facebook ads: Michael provides an overview on how to properly use Facebook ads to recruit participants while maintaining neutrality in the process.  [35:10] To record or not to record?: Michael and Malorie debate how they prefer to record and document focus groups along with the benefits of each method.  [45:48] Choosing the right people to present: Malorie advises on how to balance the skills and likeability of two people if you’re holding an adversarial focus group to get good information.  [53:41] Big Rig Boot Camp: Michael reminds listeners that registration...

Before opening his own firm after graduating from law school in 2018, Tom Kherkher didn’t have Facebook or Instagram. “I was the guy everybody made fun of because I didn’t have social media,” he remembers. Flash forward four years and Tom — or AttorneyTom, as he’s known online — is one of the most recognizable lawyers on the internet. He’s accumulated 500 million minutes of watch time on Facebook and 270 million views on YouTube. And as one of the first attorneys to take advantage of TikTok, he’s been able to funnel viewers toward his other content, which has generated cases for his firm. But social media, in his opinion, isn’t always all it’s cracked up to be. It takes a lot of time and dedication to gain an audience, and even with one as big as Tom’s, social media isn’t generating hundreds of new referrals. “I would be really skeptical of anybody who is directly making money off of you, if they’re selling you this social media product,” he says. “I do think it is going to get only better as younger people get in the workplace and are the ones who need lawyers, but slow and steady wins the race.” So how do you gain a big social media following and keep them engaged? Which platforms generate the most success, and how can we get the most out of those platforms? Tune into this episode of Trial Lawyer Nation as Tom and host Michael Cowen talk through these topics — and reveal some social media secrets. Featured Guest Name: Tom Kherkher About: Tom Kherkher is the founding attorney of The Kherkher Law Firm and an associate attorney of Kherkher Garcia. He is doing what he loves every day – fighting against injustice. After graduating from law school and passing the Texas bar, Tom immediately founded his own law firm in Houston, Texas to fight for people and bring them justice. At The Kherkher Law Firm, Tom and his staff work tirelessly and passionately to recover damages for individuals who have suffered from the negligence of others. Tom Kherkher is licensed to practice law in the U.S. Southern District of Texas and all courts of the State of Texas and Louisiana. Company: The Kherkher Law Firm, PLLC and Kherkher Garcia, LLP Connect: LinkedIn | Twitter | YouTube | TikTok | Facebook | Instagram Episode Highlights  [01:16] The YouTube lawyer: Meet Tom Kherkher, one of the top attorneys in the social media game. As one of the most-watched lawyers online, Tom has attracted clients to his firm, but it’s not as easy as some people claim.  [03:26] Straight outta law school: Before he even passed the bar exam, Tom had signed a lease on an office to start his own practice. He discusses why he took that risk and how he built his successful firm from scratch with the help of social media. [08:27] Finding the sweet spot: How did Tom create a successful social media brand with millions of views? “Trial and error,” he says — and a surprising discovery about the value of longer-form YouTube content over TikTok.  [15:08] ‘Edu-tainment’ focused: Want a loyal social media following? Stop focusing on promoting yourself and don’t expect anything in return from your followers, Tom explains.  [19:33] What the algorithm wants: “At the end of the day, Facebook and YouTube — all they care about is making money,” Tom says. He reveals secrets to taking advantage of that business model ...

A new year is an excellent opportunity to reflect on your progress and set or reassess goals. That’s the easy part. The challenge comes when your motivation wanes as the year wears on. How does a trial lawyer, with too many tasks to juggle already, set (and stick to) a lofty set of personal and professional goals? Michael Cowen and Malorie Peacock share their personal and professional goals for 2023, the challenges of sticking to intentions, and what they’re excited about for Cowen Rodriguez Peacock in the new year. They also remind listeners that achieving goals is a continuous journey. Stumbling isn’t a reason to give up on your goals. Struggling is normal, it’s those that keep pushing and stay ready for the fight that find success. Join Michael and Malorie for more tips and inspiration for setting achievable goals in 2023, finding balance between your personal and professional lives, and pushing through even when it gets hard.  Featured Guest Name: Malorie J. Peacock About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case. Company: Cowen Rodriguez Peacock  Connect: LinkedIn  Episode Highlights  [01:47] Looking forward to a new year: Michael and Malorie reflect on 2022 and share their enthusiasm for 2023. [03:50] Setting and achieving personal goals: Michael discusses his personal goals for 2023 and why he believes everyone should set personal goals. He also reflects on the challenges he’s faced in sticking to his intentions. [08:35] Career-related goals for 2023: Sharing his trial goals, Michael is ready to “get in there and pick some juries and start fighting and hopefully get some verdicts.” Additionally, he plans to continue helping lawyers develop their trial skills, invest more in his New Mexico firm, Begum & Cowen, and focus on the marketing efforts at Cowen Rodriguez Peacock. [11:17] Finding balance: Last year, Malorie focused on balancing her roles as a new mom and a trial lawyer. This year, “my bigger focus is going to be on making sure that I’m keeping better control of my calendars, that I don’t have back to back weeks when I’m out of town and away from my kid.” [13:49] Achieving freedom in your busy schedule: Malorie and Michael talk about why it’s essential to develop your people and relinquish some control in order to gain freedom in your schedule. [20:07] On developing trial skills: From a supportive firm to trial and error, Malorie shares her strategies for developing trial skills over the past 10 years. Michael also contributes his thoughts on finding success through your own style and strategy. [24:42] Imperfection isn’t the end of the world: lawyers tend to catastrophize situations and worry that they’ll lose a case if they don’t execute the plan flawlessly. Michael reminds listeners that jurors decide cases on major principles or themes — not on minor mistakes. [26:22] Always be prepared for the fight: “Even the people that have beaten me in trial, they end up paying me more the next time because it was not a fun ride for them. They know that they just got lucky that day or just the facts were on their side that day.”

A Trial Lawyer Nation listener since his Defense days, Ben Newman joins the podcast today to discuss his recent $1,076,000 verdict in Collin County, Texas. At first blush, the facts of this case are problematic. Stemming from a spine injury the plaintiff suffered in a collision at an intersection, the case faced hurdles including, a traditionally conservative venue, a dispute over which party had a green light, an “invisible” injury, minimal therapy and injections, medical expenses of only $45,000, and a defendant that was an individual, not a faceless insurance company or corporate defendant. Ben credits much of his success in this case to standing on the shoulders of legendary trial lawyers such as Joe Fried, Keith Mitnik, David Ball, and other Trial Lawyer Nation guests. “[The Trial Lawyer Nation] podcast is really what started me down this road of tracking down all of these resources to help me develop my trial technique.” Ben says he consumed every podcast, video, book, and resource he could find on trial skills and trying cases. “Everything that I do in the courtroom can be traced back to something that I’ve read or something that I’ve seen.” Join Michael Cowen and Ben Newman as they explore Ben’s incredible verdict and uncover the tools, tactics, and trial skills Ben employed to turn a $50,000 pre-trial offer into more than one million dollars for his client. Featured Guest Name: Ben Newman About: Ben is a civil trial lawyer. He handles a wide range of cases in state and federal courts throughout Texas. For Ben, trial work is not just his profession, it’s an all-consuming passion. He spends countless hours learning the latest trial techniques. And other attorneys frequently hire Ben late in their cases to assist in taking them to trial. Ben was recognized in Texas Monthly and Thomson Reuters as a Super Lawyer Rising Star. And he’s a lifetime member of the Million Dollar Advocate Forum – a group limited to trial attorneys who have won million-dollar verdicts, awards, and settlements. Firm: Ben Newman Attorney at Law, PLLC Connect: LinkedIn | 361-438-1073 | Email Episode Highlights  [02:46] A passion for trial: Ben Newman discusses his background, his passion for trying cases, and why he made the jump from defense to plaintiff’s work. [05:39] Cultivating referral sources (and support): Ben shares how he got support from other firms and attorneys after hanging his shingle and was able to begin generating referrals quickly. [09:54]: Learning the craft of a trial lawyer: Searching for valuable information to listen to during his commute, Ben discovered the Trial Lawyer Nation podcast. He listened to every episode and began digging into the resources Michael and his guest provided. [14:53] The $1,076,000 verdict: Ben discusses the details of this case, addresses the unique challenges he faced, and share how one specific fact sold the jury. [24:23] Calling the first witness: How he learned from David Ball to call the witness that can confirm the most facts from your opening statement. This way, you’re keeping the jury on track, sticking to your promises, and doing it quickly. [29:50] Framing damages in the opening statement: How Ben focused on the invisible injuries, used an analogy from David Ball, and the per diem damage model. [36:17] The nuances of the trial: The important role lay witnesses played, trusting the jury to make an unbiased decision, detailing harms and losses, and sending the case to the jury.

Odds are, growing a law firm wasn’t built into your law school’s curriculum. You may be a fantastic lawyer, you may start a top-notch small firm, but if you’re setting out to scale what you’ve built then you will find a whole new set of challenges to tackle. If you’re contemplating growing your firm or in the midst of the process, this episode is for you.  In episode 120, Michael Cowen is joined by Malorie Peacock, his fellow Partner & Trial Lawyer at Cowen, Rodriguez and Peacock PC about how to grow a law firm. On this episode of Trial Lawyer Nation, Michael and Malorie outline the mindset needed to start and grow a law firm, the pains and joys of scaling your firm from solo to the next stage, how navigate working with a consultant, how to manage and work with your team, tips on marketing efforts, and much more. Featured Guest Name: Malorie Peacock About:  Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case. Company: Partner And Trial Lawyer, Cowen | Rodriguez | Peacock PC Connect: Linkedin   Episode Highlights  [03:01] Not Every Attorney Try To Have A Bigger Firm: Malorie reveals that it’s not the best fit for everyone to have a large firm. Solo firms and small firms are great options depending on your career goals.  [09:15] Creating Systems Of Accountability In Your Business: As you are looking to manage your business health, also gauge your personal and team accountability.  [13:05] You have to learn to give up control over certain things as your firm grows: How Michael and Sonia have kept up with their team’s needs with a changing job market. [26:49] Managing your team, especially with new lawyers: When working with a team, learning to adjust behaviors and expectations is imperative for a healthy team culture. [38:09] How to balance being an exceptional lawyer with an exceptional law practice: Although your time is eaten up by running a law firm business, there are many methods and practices that you can apply to balance the law firm with practicing law yourself. [42:24] Best practices for coaching team members: It can be difficult telling a team member you don’t like what they do, but by using radical candor you can help a team member be better for them and for the rest of the team.  [40:32] Hiring for the things you don’t want to do: One of the keys to balance is to hire a great team to handle the business side of a law firm so you can focus on the practice side. Connect with Trial Lawyer Nation ☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn. ☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or YouTube. In this popular and award-winning podcast for trial lawyers,

Two of the most difficult career paths are running your own business and practicing as a trial lawyer. They both take time, energy, commitment, and exceptional ability in your craft. However, when running your own law firm, you’re tasked with doing both. It can be easy to mismanage the business side or let your abilities as an attorney waiver when one takes control of the other. So how do you balance the two for an exceptional law practice? In episode 119, Michael Cowen speaks with Sonia Rodriguez, his fellow Partner & Trial Lawyer at Cowen, Rodriguez and Peacock PC about how they run their law firm. On this episode of Trial Lawyer Nation, Michael and Sonia discuss balancing being great lawyers and running a great firm, hiring and coaching decisions, how team building can impact the success of your efforts, taking the right cases at the right time, and much more. Featured Guest Name: Sonia Rodriguez About: Sonia Rodriguez is a native of San Antonio. She graduated from Burbank High School then completed undergraduate studies at the University of North Texas in Denton, Texas. In 1999, Sonia received a Juris Doctorate degree from St. Mary’s University School of Law, in San Antonio, Texas, where she served as an editor and a co-founder of The Scholar: St. Mary’s Law Review on Minority Issues. Since then, Sonia has represented individuals and families who have been injured or have lost loved ones due to the negligence of others. Sonia’s commitment to serving her community through honest and fair legal representation was inspired by her father, a passionate labor organizer and her mother, a hard-working and loyal former paralegal. Company: Partner And Trial Lawyer, Cowen | Rodriguez | Peacock Connect: Linkedin Key Points Top takeaways from this episode  Your law firm is a business. Is it healthy? Reminder that a law firm is a business. It’s important that you periodically gauge where your firm stands on its goals for growth, quality, income, and other goals you may have set to ensure it’s running the way you envision it. How to manage your new team members from the business and law sides of the firm. Managing a team is a skill. It’s imperative that you hire team members from both the business and law side of the firm that fit your firm’s culture, quality, and vision. That also means that as the firm grows, your team members may not grow with it whether from their decision or yours. You must communicate the past, present, and future of your firm to your team so that you can all work together as smoothly as possible. How to balance running a law firm and practicing law by hiring exceptional team members. You’re not going to enjoy or thrive in every section of running a law firm. The key to balancing the things you enjoy and the things you don’t is hiring exceptional team members to handle things like marketing, advertising, human resources, etc. Episode Highlights  [02:19] Evaluate Your Business Health: Keep an eye on what works and what does not in your law firm [09:15] Creating Systems Of Accountability In Your Business: As you are looking to manage your business health, also gauge your personal and team accountability.  [13:56] Keeping up with a drastically changing job market: How Michael and Sonia have kept up with their team’s needs with a changing job market. [26:49] Managing your team, especially with new lawyers: When working with a team, learning to adjust behaviors and expectations is imperative for a healthy team culture. [38:09] How to balance being an exceptional lawyer with an exceptional law practice: Although your time is eaten up by running a law firm business, there are many methods and practices that you can apply to balance the law...

Big insurance cases can become complicated quickly. The ins and outs, layers of coverage, and strategies aren’t a one-size-fits-all, but learning from someone who has spent years putting on the parachute and jumping out the plane can save you from many of the headaches that follow. With a storied career ranging from big law and excess coverage, to truck accident and personal injury, Deena Buchanan has earned the skills to pay the bills and chooses to pay it forward. Since her switch from big law and Fortune 500 in-house counsel to the plaintiff side of law, Deena holds valuable insight that can apply to both sides of the court.  In episode 118, Michael Cowen speaks with Deena Buchanan, Managing Partner at Buchanan Law Firm, LLC. On this educational episode of Trial Lawyer Nation, Michael and Deena also discuss what it’s like running a law firm, giving advice and brainstorming with less experienced attorneys, different excess cases, not settling against major corporations, and much more. Featured Guest Name: Deena Buchanan About: Deena Buchanan brings more than 20 years of experience, thoughtfulness and a commitment to strong advocacy to every case she handles.  Deena has been a trial attorney since she was admitted to practice, and she’s earned high regards from judges, clients and other attorneys. She’s known for her thorough preparation, her oral advocacy skills during trial proceedings, and her poise and composure in any situation. She has tried employment, personal injury and wrongful death actions. She’s also represented insurance companies and major corporations, for many years, so she knows what to expect from the other side. Though she has considerable experience in a number of jurisdictions, Deena focuses her current practice on controversies arising in New Mexico. She has a comprehensive knowledge and understanding of the laws and procedures in New Mexico, as well as local trial practice. Company: Managing Partner, Buchanan Law Firm, LLC Connect: Linkedin  Key Points Top takeaways from this episode  How do you know when there is excess coverage? It can be easy to overlook the specifics in big insurance cases, especially when there’s a large settlement offer. However, by doing this, lawyers often leave money on the table. By asking in discovery early and often about the coverage you see, you can pick out wordings and layerings being used to hide the actual amount your client could be up for.  You need to build relationships with adjusters and decision makers. Often with insurance cases, your information is based on what is collected and provided by the defense lawyer. They’re often overworked or a true believer in the case and want to make it difficult for you to get the policy information you need. This is why it’s important to build relationships with adjusters who can get you the information you need, work around the people withholding or dragging their feet, and build your name in the industry. You can drive up the value of your case. By serving with complaint, pushing in discovery with motions to compel, and giving notice for depositions early, you can push the value of your case for your client up. You’re showing that you’re serious both to your client and to who you’re going after, showing you won’t settle for less or be pushed around. By doing this it strengthens a long term relationship with your client, not just adjusters, and opens the chance for them to gain higher compensation more quickly. Episode Highlights  [02:35] Deena’s Background that led her to a successful career in law: How a career spanning many different areas can prepare you for your next steps.  [10:32] Don’t settle when there’s money on the table: It’s common for lawyers to settle for less money when they don’t...

When it comes to personal injury law, the client-firm relationship can be fairly transactional. Most clients aren’t talking about their personal injury cases with their network, and lawyers hope that their clients don’t get injured again and become repeat customers.    But when you have mostly transactional, single-case relationships with clients, how can you gain more business? If your personal injury clients aren’t telling their network about you, who will? One of the most rewarding methods for gaining more business is referral marketing. Creating longstanding attorney referral relationships gives you a pipeline for more cases, helps you build a reputation, and keeps your firm top of mind in the industry. However, in order to succeed with referral-based marketing, you have to cultivate your relationships and think about what the other person wants.  According to Michael Cowen and the team at Cowen Rodriguez Peacock, you have to give back in order to grow your referral-based business. Take referring attorneys out to lunch or to an event that they would enjoy. Or, give them a gift that’s personalized (and doesn’t have your firm’s name or logo on it). However you decide to show gratitude to your referral partners, it’s important that you create a system to follow up, check in every now and then, and continue nurturing that relationship. Above all, Michael says that it’s important to create a culture of sharing and respect and keep your promises with referring attorneys. You don’t have to take every case that comes your way, and you can’t guarantee the outcome of a case. You can, however, promise to work hard, keep clients informed, and honor the deal you made.  In episode 117, Isabella Santellan, the Marketing Assistant at Cowen Rodriguez Peacock, asks Michael Cowen all of the essential questions about building a referral-based business and tending to referral relationships. Listen to this episode of Trial Lawyer Nation to hear Michael’s advice on building a referral network and nurturing relationships, turning down referral cases, and simplifying the referral process for your firm.    Featured Guest Name: Isabella Santellan About: Isabella Santellan is the Marketing Assistant at Cowen Rodriguez Peacock. She was born and raised in San Antonio, TX and recently received her B.B.A in Management from the University of Texas at San Antonio. As the Marketing Assistant, Isabella runs the firm’s social media, helps plan events, and works to ensure they provide an unforgettable experience to everyone they work with. In her free time, Isabella enjoys traveling, golfing, and spending time with her family. Company: Cowen Rodriguez Peacock Connect: LinkedIn   Key Points Top takeaways from this episode  Start with the people you already know (and don’t be too picky about cases). It’s difficult to come out of law school and have the reputation and network needed to create a referral-based business. Michael Cowen suggests you get your foot in the door by being hungry, humble, and persistent. Take cases from those who are already in your network and expand your business from there.    Give your referring attorneys what they want. It’s important to stay top of mind when you’re building a referral-based business. How do you do this? Michael says you need to give back to your referral partners. Take your referring attorneys to lunch or to an event that they might enjoy. You could also give them a call, send a handwritten thank you note, or give them a gift (without your firm’s name or logo on it). However you show gratitude, you have to do so with the other person in mind. Nurture your existing referrals.

Michael Bonamarte wasn’t always set on being a trial lawyer. In college, he started out on a pre-med track, eventually discovering a passion for the law. Now, he runs a successful firm with 20 years under his belt — and a $20 million verdict. What does it take to reach this level of success? Throughout his career, Michael soaked up knowledge from the greats in his industry. From mentors and partners to books and other educational tools, Michael made sure he was learning everything he could so that he could go to bat for his clients. Because of this passion and drive, Michael won a plethora of large cases.  One of these large cases received a successful $20 million verdict. This multimillion-dollar case covered a difficult birthing complication, where the baby, AJ, was diagnosed with fetal growth restriction at 40 weeks. Significant changes in the fetal heart rate strips were not brought to the attending doctor’s attention, and ultimately, AJ suffered brain damage. Although he should live a regular life expectancy, AJ’s neurological function is limited and he will likely need custodial care for the rest of his life. Due to the technicalities of the case, Michael knew he needed support from great experts. With the help of both law firm partners and medical experts, Michael was able to solidify the win. The medical experts could explain the points that matter and simplify complex terms for the jury. The defense, who argued that fetal growth restriction was caused by a genetic growth issue, didn’t have the necessary experts to strengthen their argument, which contributed to Michael and his team’s big win.  Throughout his career, Michael has had plenty of multimillion-dollar wins. Now, as a managing partner of his firm, Michael is helping other lawyers find that same success. By investing in the firm, making himself accessible to younger lawyers, and sharing all of his insight and knowledge, Michael is helping shape the next generation of lawyers winning million-dollar verdicts. In episode 116, Michael Cowen is in conversation with Michael Bonamarte, Managing Partner at Levin & Perconti, to get all of the details on the $20 million verdict. Michael walks through the big case, from the opening statement and jury selection to the closing arguments and ultimate win. On this insightful episode of Trial Lawyer Nation, Michael also discusses what it’s like running a law firm, how he built up his skills early in his career, and the best ways to bounce back from a loss.     Featured Guest Name: Michael Bonamarte About: Michael Bonamarte, IV is a nationally recognized trial attorney who has achieved outstanding results in a number of high-profile nursing home, wrongful death, birth injury, and medical malpractice cases. He is committed to protecting and vindicating the rights of people who have been injured due to systemic flaws and corporations choosing profits over people. Michael is currently a Managing Partner at Levin & Perconti law firm in Chicago, Illinois. Company: Levin & Perconti Connect: Email | 312-516-1129 Key Points Top takeaways from this episode  You have to be a sponge to develop your skills as a trial lawyer. Michael Bonamarte has a passion for representing people who have been wronged. But passion doesn’t always mean you have the skills to succeed. So how do you develop your skills? According to Michael, you have to be a sponge and soak up all of the insight from other lawyers, mentors, and resources in your field.    A strong argument requires the right experts.

Getting credible testimony from treating doctors can make or break your case. In this episode, Michael and Malorie are sharing their strategies to get powerful testimony from treating doctors, work through common challenges, and help build your case. While the personal knowledge of the treating physician establishes significantly more credibility than a hired expert, it’s imperative the doctor communicates well and speaks in a way the jury can understand — without all of the medical jargon. Remember: treating doctors aren’t professional testifiers. The lawyer needs to ensure that the treating doctor is prepared to give efficient, compelling testimony. You’re the guide who’s questions will lead the doctor along the trail of your strategy, and avoid getting stuck in the weeds of mundane details.  Malorie’s strategies to guide the story include magic words and visuals. Magic words or questions ensure you get what you need from the witness and end up with valuable testimony. Visuals (like diagrams, animations, or demonstrations) can help the jury visualize the story — as long as your visuals are relevant to your trial strategy. To wrap everything up, Malorie suggests you leave the jury with the major takeaway from your witness…just make sure it connects to the next part of your case. Tune in to episode 115 as Michael and Malorie discuss strategies and best practices for working with treating doctors, the do’s and don’ts of getting valuable testimony, preparing the witness, and utilizing their testimony to build a compelling story for the jury.   Featured Guest Name: Malorie J. Peacock About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case. Company: Cowen Rodriguez Peacock  Connect: LinkedIn   Key Points Top takeaways from this episode  * Testimony from treating doctors can be crucial for a win. A treating doctor can testify from a place of personal knowledge, showing the jury what happened from a medical perspective. They have more credibility than someone you might hire, and because of their longer history with the client, they’re harder to cross-examine. Bringing in treating doctors has its share of challenges. Although treating doctors can be critical for a case, there are often challenges when bringing them in to testify. Doctors speak their own language; they often use medical jargon that the average person won’t understand. So, if you want to work through these challenges, you need to make sure your treating doctor is using colloquial language and is a great communicator. You should think about your case from a storytelling perspective. It can be easy for a treating doctor to get into every detail of the medical procedure, condition, or patient visit. As a lawyer, you want to guide the treating doctor and make sure they stay on track, only sharing details that are relevant to your case strategy. Be careful not to be leading or argumentative, but build your story with key components and questions that make the testimony understandable. Episode Highlights 

Anuj Thapa wanted the American dream. A college student from Nepal who came to the United States to pursue mechanical engineering, Anuj had big dreams of getting his degree and becoming the breadwinner for his family members at home in Nepal.  But his aspirations were destroyed by a leg injury that led to a painful condition called compartment syndrome. Due to the neglect of his doctors, the damage that Anuj suffered after his surgery left him disabled. Luckily for Anuj, he got one of the most esteemed medical malpractice lawyers in the country to try his case, Ciresi Conlin’s Brandon E. Thompson. With 17 years of experience in the medical malpractice law arena, he was able to win Anuj $111 million in damages. The defense’s argument? They claimed that Anuj — a 19-year-old in the U.S. on a student visa — was lying about when and where he developed compartment syndrome. “That was a gift to us that they framed the case that way because it allowed us, throughout the case, to paint this as a credibility contest,” Brandon said. “Find me another case where you’ve got somebody who truly has had their American dream torn away from them in the way that his was.” For Brandon, presenting cases to the jury with empathy is the key to success — and he’s had a lot of it. Tune in to this episode of Trial Lawyer Nation as host Michael Cowen talks with Brandon about all things medical malpractice: from the weaknesses of liability arguments to the secrets of getting a jury on your side. Featured Guest Name: Brandon E. Thompson About: Brandon Thompson’s entire legal career has been dedicated to representing individuals and families who have suffered from the negligence of medical professionals. There is no greater professional honor for Brandon than being asked to help people when they are facing the darkest times of their lives. Brandon is one of the foremost trial lawyers of his generation. He has won numerous multi-million jury trials — including some of the largest-ever jury verdicts in the State of Minnesota for clients harmed by serious medical malpractice — and has negotiated many millions of dollars of settlements for his clients. He is a member of a number of elite national and international trial organizations, and in 2018 was invited to be the youngest-ever Fellow of the International Academy of Trial Lawyers, the most prestigious organization of trial lawyers in the world. Brandon’s work ethic and compassion were a product of his blue-collar upbringing; his grandfather was a mechanic, his dad was an electrician at the Ford plant, and he was the first person in his family to go to college. The father of three children, including a young daughter with extraordinary medical needs, he empathizes with his clients in a way few lawyers truly can. Company: Ciresi Conlin, LLP Connect: Email Key Points Top takeaways from this episode  * Look beyond liability. When choosing which cases to defend, one of the biggest mistakes lawyers can make is choosing a claim based on liability claims alone. Liability is not always as strong as it seems, so the first criterion should always be the seriousness of the injury or damages. * Differentiate your case. One of the best things medical malpractice lawyers can do to win over a jury is to differentiate their case and show how it is an outlier.  * Avoid credibility arguments. In the case Brandon won for Nepali student Anuj Thapa, the hospital’s biggest mistake was using credibility as their primary defense. In this case, it was deeply improbable that someone like Anuj, who risked everything to pursue his “American dream,” would lie about his injury.

On a good day, a personal injury trial can feel like an uphill battle. Now, add a small inhospitable venue, a less-than-sympathetic client, and a slew of video witnesses into the mix. That’s exactly where Michael and Malorie found themselves recently trying a commercial vehicle case. In this episode of the Trial Lawyer Nation, they’re here to reflect on the trial and discuss the unique challenges they faced, the strategies they employed, and actionable lessons you can take into your next trial.  To set the stage, the case involved an oilfield worker rear-ended on the highway. He suffered significant structural injuries, returned to work for a year, and ultimately had a hip replacement and additional therapies. While liability was never in doubt, damages is where Michael and Malorie faced an uphill battle. The first challenge was that the client’s medical records said he had degenerative disc disease from childhood. How do you establish that his injuries are attributable to the motor vehicle wreck? To complicate matters, the client returned to work, performing the same responsibilities as before the accident, only seeking treatment sporadically. To keep things interesting, the judge allowed the admission of evidence of the client’s cocaine use around the time of his treatment. These are just a few of the issues that threatened to derail our damages claims.  Join us on this episode to hear the details of the case, including our future-focused approach, witnesses and experts we called and why, the unique way we presented the medical and non-economic damages witnesses, and much more on this new episode of Trial Lawyer Nation featuring Malorie Peacock. Featured Guest Name: Malorie Peacock About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas, and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology, and cutting-edge visuals in cases, along with a sincere passion for helping those who have been hurt in every case. Company: Cowen Rodriguez Peacock  Connect: LinkedIn   Key Points Top takeaways from this episode  You don’t need to prove your whole case with one witness. A witness to establish damages does not have to know everything about the client’s life or know them before and after the crash and be able to compare. Instead, it has to be someone involved. The key is to string together tidbits of information into a coherent story. Before using video depositions during a trial, you need to know the critical predicate questions in your jurisdiction to lay the foundation to use that either as a demonstrative or to get it admitted into evidence because it makes a giant difference. You also want to make sure your videos are reasonably short and engaging. None of the videos in this case exceeded 25 minutes. Your client may not be likable, but you must protect and fight for them. Some clients are tough to love, but if you take their case, you want to protect them as best you can from the jury selection process and throughout the trial by looking out for obvious sentiments that could go against your client. Episode Highlights  [01:45] The case many lawyers didn’t want to touch (Including us): Malorie Peacock provides the background for the commercial vehicle accident case. [02:33] The challenges with the case: Michael lays out the challenges and how it looked like an impossible case to win.

On this special episode of Trial Lawyer Nation, Michael welcomes his favorite client of all time, Krystal Cantu-Cuate. Like many clients, Michael was introduced to Krystal under difficult circumstances. Krystal was traveling a car that experienced a tire blowout. The blowout resulted in a tragic accident, and the amputation of Kyrstal’s right arm. As is often the case, this was only the beginning of a long and emotional journey. When she first saw her family members gathered in the hospital waiting room, they were crying and expressing fear and apprehension about her future. In that moment, Krystal decided she was going to be strong for them and defy their fears and worries. With the driving force to be strong for her family and take control of her situation, Krystal began working tirelessly to achieve and overcome. Within a month of her accident, Krystal was back in the gym resuming her CrossFit training.  Behind that incredible tenacity the world saw, a much darker story was playing out. Krystal wasn’t okay. The trauma was silently wearing on her. She admits she was in denial, repressing difficult thoughts, emotions, and feelings about the accident. And, because she was lacking the tools and knowledge to process the trauma she went through, inner struggle, pain, and repressed emotions became her normal. As litigation wore on, and maintaining the Superwoman exterior became more difficult, Krystal’s mental health challenges began to consume her. While the journey has more bumps than Krystal was willing to admit to herself in the early years, this story has a happy ending. With Michael’s help, Krystal admitted to herself that is was okay not to be okay, made her mental health a priority, and sought out the support she needed to continue her healing journey.  Join us on this new episode of Trial Lawyer Nation for this emotional story of trauma, bravery, hard truths, and healing with guest Krystal Cantu-Cuate, an ex-CrossFit adaptive athlete and keynote speaker on mental health. Featured Guest Name: Krystal Cantu-Cuate About: Krystal Cantu-Cuate is an ex-CrossFit adaptive athlete, keynote speaker on mental health, part-time bridal stylist, mother, and wife. After a tragic car accident in 2013 that resulted in the amputation of her right arm, Krystal went on to live her life in the face of adversity. Becoming one of the first competitive CrossFit adaptive athletes, Krystal traveled all over the US competing — and inspiring thousands while doing so. In 2016, she gave birth to her son, Joaquin, and left her competitive career. In 2021, Krystal was faced with her biggest challenge yet: mental health. After a traumatic experience with crippling anxiety, Krystal was faced with challenges that called for uncomfortable conversations. Krystal is now a keynote speaker on mental health and its importance. She continues using her own personal experiences to help others who may be struggling. Connect: LinkedIn | Instagram | Facebook  Key Points Top takeaways from this episode  * It’s okay to ask for help. Asking for help doesn’t make you weak — it actually shows how strong you are. Whether you have a case in litigation or you’re fighting inner battles, it’s important to seek help. Lawyers and experts in the field can guide you through the litigation process and ease your worries.

As a founder and leading attorney at Cowen Rodriguez Peacock, Michael Cowen has a lot on his plate: he not only drives cases, but he also manages the team, leads meetings, signs checks, and makes sure the financials are in order. It can be hard to imagine what even one day of vacation time would look like for the office in his absence. Yet for years, Michael has been able to take extended vacations — sometimes as long as four weeks — with his work phone left at home and his email inbox virtually unchecked. “For my own mental health, for my own ability to bond with my family, I found that not having my cell phone with me … it’s the only way that I can really be present,” Michael says. It also allows him to come back to the office at the end of his vacation fully recharged.  That valuable time away from work is something we should all be able to enjoy. But how can you make sure your office won’t fall into disarray when you’re gone?  That’s the subject of Episode 111 with guest and fellow Cowen Rodriguez Peacock attorney Malorie Peacock, who filled Michael’s substantial shoes while he was away on his most recent two-week vacation. Tune in to this episode of Trial Lawyer Nation to find out how Michael establishes a system that keeps his office operating like a well-oiled machine, and how passing colleagues greater responsibilities helps make the whole team stronger. Featured Guest Name: Malorie J. Peacock About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case. Company: Cowen Rodriguez Peacock  Connect: LinkedIn  Key Points Top takeaways from this episode  Prepare others before you go. Don’t surprise your clients: send them a note a few days in advance explaining when you’ll be gone and who they can speak with until you come back. Prepare scripts ahead of time so your staff knows how to respond to certain calls or questions, and get ahead of any looming deadlines. Establish a system that everybody knows. A sound system requires smart and capable people to carry it out. This means giving adequate training on how to deal with emergencies and taking over full responsibility for cases. While he’s away, “they have to assume that I’m not going to read any case-related emails,” Michael says. Let your team take charge. Putting trust in your team to take over big responsibilities like management and financials will not only take a weight off your shoulders, but it will uplift your fellow attorneys and help them grow into future leaders. Episode Highlights  [01:10] Leaving work at home: When he goes on vacation, Michael Cowen leaves his work phone at home and checks emails as little as possible. But what’s it like for other partners to take over when the head of a firm is out and unreachable? [04:53] Knowing the right time: How do you know your firm is ready for an extended absence from a leading partner? [06:26] Be prepared: Michael gives some tips on best practices for preparing your team and your clients for an extended absence so you can enjoy a relaxing vacation away from your inbox.

The term “culture” might be the most misunderstood term in corporate America today. But it couldn’t be more important. Don’t miss this episode of Trial Lawyer Nation as Bill joins host and renowned trial lawyer Michael Cowen as they discuss what it takes to build a strong company culture, how to cultivate future leaders, and why “every problem is a leadership problem.” Company culture is about a lot more than just being friendly to a coworker or having a welcoming office environment. It consists of your firm’s collective values and your commitment to sticking with them. Culture can transform your organization and generate more profit while keeping your team — and your clients — happy. In short: culture is everything.  “Most firms — most businesses — fail, not because of bad business ideas, but because of internal fracture and interpersonal issues,” says Bill Biggs, CEO of Jeffrey Glassman Injury Lawyers.  As an expert organizational leadership consultant to law firms whose client list includes Heisman Trophy winners, NBA champions, and Olympians, Bill swears by his message to “love your people and demand high performance.” “It takes somebody who’s naturally inclined to want to care for people but is also naturally inclined to compete, and to win, and understands what that means. I don’t know how you can be a really effective leader if you don’t have some element of both of those in you,” Bill says. Featured Guest Name: Bill Biggs About: Bill Biggs is the Chief Team & Culture Officer for Pond Lehocky Giordano; Special Consultant to Walter Clark Legal Group and Price Benowitz; and Leadership Strategist at Vista Consulting. He’s considered one of the nation’s most innovative thinkers in law firm leadership. His unique perspective on culture and ability to inspire and multiply leaders has created a movement that is reshaping firms across the country.  Bill is the founder of the Law Firm Leadership Summit and host of Transforming The Culture of Law Podcast. He is a limited engagement consultant to select firms and is relentlessly committed to spreading his message, “Love Your People & Demand High Performance,” as a platform for organizational success. He is also the President of Biggs & Associates, serving high-value sports professionals and franchises as a brand and messaging strategist. His distinguished client list includes Heisman Trophy winners, NFL HOFers, NBA champions, Olympians, and many of the top teams in college and professional sports. Bill is a Phi Kappa Phi graduate of Texas A&M University and completed his executive training through the CORe program at Harvard Business School. He lives in College Station, Texas, with his beautiful wife, two sons, and a herd of dogs. Company: Pond Lehocky Giordano, LLP Connect: LinkedIn | Website | Vista Key Points Top takeaways from this episode  Be intentional with your company culture. Firms don’t fail because of a lack of talent; they fail when they crumble internally. That’s why it’s so important to be intentional about establishing a company culture. Start at the hiring process by hiring the right person, not just the most qualified candidate. Establish a set of core values and commit to them. Inviting a consultant to help can serve as an asset. Cultivate a strong leadership team. An effective team of leaders should be made up of both lawyers and non-lawyers. But most importantly, leaders need to be aligned with one another, and with the people they’re managing, in their values.