Jury trials can be notoriously unpredictable, even when the facts are in your favor. To be successful at trial, attorneys need to do more than just rehearse their opening and closing statements. They also need to know how to influence the jury. On this episode of Trial Lawyer Nation , Michael Cowen is joined by nationally recognized trial consultant and the author of several trial guides, Eric Oliver. Applying over 40 years of experience and his background in marketing and persuasion, Eric share...
Dec 15, 2023•45 min•Ep. 144
Lawyers constantly receive training in the form of CLE. However, training staff members in the day-to-day running of a law office is no less important to a successful practice. Nobody comes into a law firm knowing everything. Ongoing reminders and documented procedures are needed for employees to learn new things, retain information, and correct mistakes. On this episode of Trial Lawyer Nation , host Michael Cowen speaks with his fellow partner and trial attorney Malorie Peacock about how,...
Nov 30, 2023•39 min•Ep. 143
Trying cases is an evolving process. And if you’ve been doing the same thing for 25 years, you’ve probably been doing something wrong for the past 24 years. From shorter jury attention spans, to Zooming in experts, to condensing information, and incorporating more visuals, courtroom trial techniques and jury expectations have changed significantly following COVID. On this episode of Trial Lawyer Nation , host Michael Cowen speaks with Ed Ciarimboli, a trial lawyer out of Pennsylvania who’s...
Nov 15, 2023•44 min•Ep. 142
Trial is not a law school exam. Just because you can technically put in evidence of certain elements of damages, doesn’t mean it's in the client’s best interest to do so. It’s up to you–after having the conversation with your client, of course–to make strategic choices on damages. Afterall, the goal is to maximize chances of getting the best possible verdict for your client. On this episode of Trial Lawyer Nation , Michael Cowen and Malorie Peacock continue their discussion on how they ove...
Oct 31, 2023•44 min•Ep. 141
Trial lawyers can’t be afraid of failure. It is often by refusing default thinking and defying expectations that a trial lawyer gets the first big win that sets the tone for their career. On this episode of Trial Lawyer Nation , Michael Cowen speaks with Maxey Scherr–a Texas trial lawyer, board certified in truck accident law–who recently started her own law firm and found immediate success with a $10.65M verdict against Swift Transportation. Listen to Maxey explain how learning and ...
Oct 15, 2023•53 min•Ep. 140
There’s data going all the way back to the 1970s showing that people have lost a leg while operating a forklift. Not only do these leg crush injuries keep occurring, but it's the most common injury with a stand-up forklift. It’s a big problem. However, the industry has been able to avoid having to change anything because they've been able to get the standard written to support their design decisions. On this episode of Trial Lawyer Nation , Michael Cowen and Malorie Peacock discuss h...
Sep 30, 2023•1 hr 2 min•Ep. 139
Losing is what helps us develop as trial lawyers. If you quit too early after losing a case, you will never know the success you could have had. On this episode of Trial Lawyer Nation , Michael Cowen speaks with renowned trial lawyer and highly influential author, Rick Friedman. Rick has won multiple nine-figure verdicts, including a verdict against Monsanto for $72 million. What is the secret to Rick’s success? Getting out of his own way. Tune in to learn more about how to frame “moral truth” f...
Sep 15, 2023•55 min•Ep. 138
As a trucking trial lawyer, if you are compassionate, people can walk all over you and you won’t get good results, you need to be both fierce and compassionate. On this episode of Trial Lawyer Nation , Michael Cowen and Michael Leizerman discuss the ins and outs of wrongful death litigation. Leizerman draws on his experience as a truck accident lawyer and shares the strategies he used to win a recent $18 million verdict. He emphasizes the need to have open communication with the victim’s f...
Aug 31, 2023•56 min•Ep. 137
Being an exceptional trial lawyer requires mastering a lot of skills they don’t teach in school. The same can be said for being an exceptional parent. But, sticking the landing on both? That must be a pipedream, right? On this episode of Trial Lawyer Nation, Michael Cowen and his new Partner, Natalie Arledge, discuss whether it’s possible to be a successful trial lawyer without being a shitty parent. Through the lens of a mom of two, Natalie discusses the challenges of developing as a trial lawy...
Aug 15, 2023•36 min•Ep. 136
Lawyers know their cases backwards and forwards. However, jurors may need help honing in on the most important elements of a case. Visual trial strategy helps create a series of clear, tailored exhibits to present to a jury at trial. On this episode of Trial Lawyer Nation, Michael Cowen talks to visual trial strategist, Amy Hall. Amy discusses her tried-and-true three-exhibit formula–the anchor, the link, and the payoff–which she uses to distill everything in a complex case into these three them...
Jul 31, 2023•1 hr 1 min•Ep. 135
“The relationship between the expert and the lawyer is a lot like a horse and a rider. I don't want you to lead me in a dangerous situation, and I don't want to lead you in a dangerous situation.” On this episode of Trial Lawyer Nation, host Michael Cowen is joined by his partner Sonia Rodriguez, for a discussion on the dos and don’ts of working with retained expert witnesses. Sonia and Michael discuss the importance of consistent communication with your expert and remembering that while they ma...
Jul 15, 2023•36 min•Ep. 134
Premises cases can be a tough way to make a living. “It’s challenging, like medical malpractice, but with the right experts, with the right research, with the right resilience, you can win these cases.” On this episode of Trial Lawyer Nation, Michael Cowen speaks with Michael Neff, an experienced trial lawyer, about the oft-forgotten yet critically important and challenging area of tort law–premises liability law. He explains the kinds of cases that inflame his passions, how to succeed in premis...
Jun 30, 2023•48 min•Ep. 133
Lay witnesses. Whether you call them eyewitnesses, ‘before and after’ witnesses, or damages witnesses, you need them to help you make your case. And sometimes the most unexpected ordinary people can be the greatest witnesses. “There's obvious ones like the spouse or the children or family members of your plaintiff. But beyond that, there's coworkers, there's neighbors, there's the pastor, there's the guy that runs a corner store at the end of the block, their kid’s teacher…it could be a wh...
Jun 15, 2023•39 min•Ep. 132
There are great episodes and there are John Romano episodes. This is not one you want to miss. On this episode of Trial Lawyer Nation , Michael sits down with legendary trial lawyer John Romano as he shares wisdom acquired over five decades of law practice. John reveals valuable insights into the mindset of a winning trial attorney, practical preparation tips, the importance of jury research, and even shares his pre-trial preparation checklist. Through personal anecdotes, John also address...
May 31, 2023•1 hr•Ep. 131
If you practice law long enough, you are bound to come across a difficult client. On this episode of Trial Lawyer Nation , Michael and Malorie tackle setting expectations for communication, documenting actions taken in each case, and laying the groundwork early for client satisfaction. The episode also explores the challenges of identifying the source of clients' demands and concerns, and reminds listeners that it is ultimately the client's case and that they have the final say. Additionally, Mi...
May 15, 2023•48 min•Ep. 130
On this episode of Trial Lawyer Nation, host Michael Cowen is joined by Peter Anderson, a former insurance claims manager, renowned trial lawyer, and founder of the Law Offices of Peter M. Anderson. They discuss Peter's innovative use of simple props and analogies to convey complex medical information to juries, the importance of being calm and prepared in trials, and the challenges of selecting arguments. They also delve into the significance of empathy and respect in depositions, Peter's...
Apr 30, 2023•57 min•Ep. 129
In this week’s episode, Michael Cowen and Malorie Peacock discuss the importance of accurately valuing personal injury and wrongful death cases by considering all relevant factors, such as medical bills, future treatments, and insurance coverage. They recommend lawyers form round table discussions and mastermind groups to share insights and improve their negotiation skills. The hosts also challenge the idea that sending a demand letter appears weak, highlighting its role as a powerful negotiatio...
Apr 15, 2023•40 min•Ep. 128
When asked how he won a $66.6 million dollar verdict, Lee Hunt attributes much of the victory to the intelligence of the jury — and his ability to forge real, human relationships with his clients. On this episode of Trial Lawyer Nation, host Michael Cowen talks about trial law with the founder of Hunt Law […] The post 127 – Lee Hunt – The $66.6 Million Verdict: How Trust and Empathy Shaped the Outcome appeared first on Trial Lawyer Nation ....
Mar 31, 2023•56 min•Ep. 127
Although technology has improved our quality of life, there are negative consequences, such as the increase in automobile and truck accidents stemming from distracted driving. Despite the benefits of GPS tracking, specialized brake systems, and virtual logging of hours, there have been issues with falsified data, unassigned drive time, and “phantom drivers” in the trucking […] The post 126 – Malorie Peacock – Unlocking the Power of Telematics: How Distracted Driving Evidence Can Win Big Verdicts...
Mar 15, 2023•41 min•Ep. 126
Helping attorneys create great company culture is what motivates Jessica Mogill to give her best every day. As Head of Coaching Strategy at Crisp, the nation’s leading law firm growth company, Jessica helps attorneys define and improve their culture. “Culture is really what drives the experience. And it drives the emotions that you feel,” Jessica […] The post 125 – Jessica Mogill – Building a World Class Law Firm Culture appeared first on Trial Lawyer Nation ....
Feb 28, 2023•1 hr•Ep. 125
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 […] The post 124 – Malorie Peacock – Why Focus Groups Matter and How To Make the Most of Them appeared first on Trial Lawyer Nation ....
Feb 15, 2023•57 min•Ep. 124
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 […] The post 123 – Tom Kherkher – How Lawyers Can Make It Big on Social Media appeared first on Trial Lawyer Nation ....
Jan 31, 2023•56 min•Ep. 123
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 […] The post 122 – Malorie Peacock – Growing Your Practice (and Yourself) in 2023 appeared first on Trial Lawyer Nation ....
Jan 15, 2023•31 min•Ep. 122
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 […] The post 121 – Ben Newman – How to Turn 45K in Medical Expenses Into a Million Dollar Verdict appeared first on Trial Lawyer Nation ....
Dec 31, 2022•51 min•Ep. 121
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 […] The post 120 – Malorie Peacock – How To Grow Your Law Firm appeared first on Trial Lawyer Nation ....
Dec 15, 2022•49 min•Ep. 120
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 […] The post 119 – Sonia Rodriguez – The Balancing Act: Running A Law Firm And Practicing Law appeared first on Trial Lawyer Nation ....
Nov 30, 2022•55 min•Ep. 119
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 […] The post 118 – Deena Buchanan – An Inside View of How Insurance Companies Value Cases appeared first on Trial Lawyer Nation ....
Nov 15, 2022•46 min•Ep. 118
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 […] The post 117 – Isabella Santellan – How to Build a Referral-Based Practice appeared first on Trial Lawyer Nat...
Oct 31, 2022•34 min•Ep. 117
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 […] The post 116 – Michael Bonamarte – What Does It Take to Win a $20 Million Verdict? appeared first on Trial Lawyer Nation ....
Oct 15, 2022•1 hr 14 min•Ep. 116
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 […] The post 115 – Malorie Peacock – How to Get Compelling Testimony From Treating Doctors appeared first on Trial Lawyer Nat...
Sep 30, 2022•45 min•Ep. 115
