Call Your Next Witness

Don Gomez joined the United States Army in April 2001, and was in active training when the September 11, 2001 attacks took place.   His recounting of that day is probably a version you've never heard before.   Don has been deployed to the Middle East several times, and has become both a student and an instructor of Arabic.   He remains active in the United States Army, with his current role being a Psychological Operations Officer, and our discussion delves into problem solving techniques common to both legal and military tactics, and also, the value of "getting our of your bubble."   He's also my cousin, and a genuinely good guy. Please note, Don's comments are his own and do not reflect the position or policies of the United States Army, the Department of Defense, or the United States government.

On this episode of Call Your Next Witness, we welcome fellow attorney, Queens Native and Regis High School alum Matthew McCann.   Matt's practice areas have varied greatly over the years, spanning white collar criminal defense, securities litigation,  land use, cannabis, Special Education, and appellate practice, now at Moss & Colella in Southfield, Michigan.   Matt's career and practice areas have evolved and grown in ways he never would have predicted as a younger attorney.   And of course, we spent some time discussing Matt's other “practice area” -- Battle Rap –both in NYC and Detroit.   This may be the first ever lawyer-centric battle rap podcast ever recorded.  

Murray Singer has been a practicing criminal attorney for 40 years in New York City, including 13 years as an appellate and trial attorney with the Legal Aid Society, and in private practice since then.   Aside from being considered a mentor by many less experienced attorneys, it was refreshing to speak with Murray about what he has learned about the practice of law, how to interact with opposing counsel in an adversarial context, and about maintaining and cultivating your reputation.    Despite what most legally themed documentaries may suggest, defense attorneys and prosecutors tends to get along, largely because they'll have to work together on dozens if not hundreds of other cases.   Credibility is everything.   This is a great listen, particularly for younger attorneys interested in trial practice.   For more information about Murray and his practice, check out murraysinger.com/.

"No Comfortable Advice." Such is the life of a cannabis attorney, trying to advise clients about the regulatory framework throughout the United States. First, the federal farm bill has multiple iterations, marijuana is still illegal at the federal level as a Schedule 1 narcotic, but 37 states have legalized marijuana use either recreationally or medicinally. In other words, regulations are consistently inconsistent. Alex Buscher entered into the world of cannabis for personal reasons a few years ago, and has since delved into this world head first. And since that time, regulations have changed almost by the day. Not to mention that marijuana and hemp have completely different regulatory frameworks. Advising clients on what action they can take in this world is a challenge, and Alex's insight on how he navigates that challenge in collaboration with his clients is an instructive listen. https://www.buscherlaw.com/alex-buscher

The Cannabis Industry was taboo as recently as 10 years ago. But now, not only is it a blossoming industry, but its becoming mainstream to the point where attorney and insurance conventions are including presentations specific to cannabis and how to insure that risk. But how does one actually get into the commercial cannabis space, and what is the day-to-day like? Ryan Eakes offers some great insight into those questions through his own journey. With a background in construction and business development -- not in agriculture -- Ryan jumped on an opportunity to get into cannabis on the ground floor. And as COO of Typhoon Farma (https://typhoonfarma.com), Ryan encounters challenges that are truly unique to the cannabis industry, especially given the ever-changing regulatory framework he has to navigate. Think of this interview as "Cannabis for Dummies."

What better topic to discuss during these hot Summer months than effective legal billing? Georgia and Brian recently compiled our "15 Commandments of Billing," and with new associates starting at firms across the United States after Labor Day weekend, we opted to commit our 15 Commandments to the podcast. The goal of this episode is to focus on the skill of billing -- and it is a skill -- in order to maximize the recovery on the work we do as attorneys. Much like insurance, legal billing is a skill that law school ignores completely, but is an essential skill for the majority of attorneys to master.

M. C. Sungaila is a renowned appellate attorney based in Orange County, California. Her practice focuses on civil appeals, trial strategy and consulting. We discussed her role as a trial strategist, and how she recognized early in her career that appellate practice, as opposed to trial practice, was the right fit for her. We also discussed the unique HR situation we have been facing, given the significant turnover in the legal and insurance industries, and what we can do as law firm managers to keep our teams personally and professionally satisfied. This is a good listen not only for law firm managers, but also for younger associates looking for some insight on how to advance in the industry. M.C. also hosts a podcast called the Portia Project, which focuses on women lawyers and judges, and some insights from their respective journeys.

Christon Halkiotis and I have a lot in common, in that we're both former prosecutors who sought a change after a handful of years wearing the "white hat." But Christon's path took her to criminal defense, where she started her own practice in 2019 in Greensboro, North Carolina after 15 years as a prosecutor. Her practice flourished immediately, which is a testament to Christon's personality, reputation among colleagues, and also to a ton of hard work! She shares some lessons learned over the years about how to make yourself a better attorney, what it was like to "hang out a shingle," and how she has dealt with owning a business during the pandemic.

Have you ever watched a movie with a legal issue and thought to yourself, "Wait, could this plot really happen this way?" In Rain Man, for example, Tom Cruise kidnaps his autistic older brother, played by Dustin Hoffman, to extort his brother's inheritance. Instead of being presented as the somewhat flawed protagonist in Rain Main, Tom's character probably should have served time under a federal kidnapping statute. Rain Man is just one example. Wendy Sheinberg and Jennifer Hillman. partners at Rivkin Radler LLP on Long Island, recently decided to look at some of these movies that mishandle legal issues pertaining to estate handling, litigation and the like. And in their publication, "Wendy and Jen Wreck the Movies," they comment some of the poetic license filmmakers often take, and offer their two cents on what should have happened, if the filmmakers went by the book. On this episode of Call Your Next Witness, Wendy and Jen join Georgia and Brian to talk about some of the movies they are delving into, including Rain Main, Howard's End, and a few others, and to point out how Hollywood consistently gets it wrong. (At least, from a legal-realism perspective...although realism probably isn't Hollywood's goal most of the time.) Meaning, in real life, Lt. Caffey probably doesn't get Col. Jessup to just admit guilt on cross-examination. But it sure does make for compelling drama! You can find Wendy and Jen at rivkinradler.com, or follow them on Twitter at @wjwreckthemovi1.

Orthopedic Surgeon and Author -- both with regard to orthopedic surgery, and to his expertise on the Beatles -- and all around interesting guy to speak with, Dr. Ronald Grelsamer is a true renaissance man. He recently joined me as a guest on the Call Your Next Witness podcast. Frankly, we could have done an entire podcast on the Beatles. (For example, any Beatles fan is family with the Red and Blue albums -- but which songs should have been included on those greatest hits albums, and were left off? That topic alone could prompt hours of debate.) But before we delved into the Beatles, we discussed orthopedic surgery, and specifically, what attorneys should be looking for when assessing a knee injury, both before and after surgery, to gauge whether there is a causation issue. This part of the interview is a must-listen for both plaintiff and defense attorneys in the personal injury world. We also had a frank conversation about the personal injury "machine," and what the defense and insurance industries can do to discourage medically unnecessary surgeries, which Dr. Grelsamer encounters from time to time in his role as an expert orthopedist.

Unlike some of our other guests, who went to law school and then found themselves in the insurance industry, Brandi Percy got her start working as a claim representative in insurance, and THEN went to law school. Her career has taken her through various in-house positions, both in insurance and in the corporate world. We had a great time discussing how her career has progressed, some notable claims that presented her with "teachable moments" over the years, how risk managers can use analytics to help narrow predictive outcomes, and also, how her prior career as a college basketball player held shape Brandi as a professional. (And we also complained about being the parents of young children in the age of COVID, which could have been a whole separate episode...)

Joshua Kirshner is a former colleague of mine from the Bronx District Attorney's office, who has been a federal law clerk in the SDNY, and for the past 10 years, has been a successful criminal defense attorney in New York City.   After working for the iconic Ben Brafman until just a few months ago, Josh recently started his own criminal defense practice, which has been both exciting and terrifying.   We discuss Josh's career, what it has been like to "hang out a shingle," and also, Josh's recent "COVID-era" federal trial in the Eastern District of New York.    This easily could have been two episodes, and is a great listen, particularly for any attorneys pondering starting his/her own practice.

As I note in the intro of this episode, Jeremy is a guy who makes me feel like I'm not doing enough professionally. He's a seasoned trial attorney based in Birmingham, Alabama, and also a podcaster, author (both fiction and non-fiction), and active social media marketer. Jeremy and I met a few years back in conjunction with the DRI Law Practice Management Group, where we are both committee members. We had a great discussion about how Jeremy's career has evolved over the years, including his recent move to Gordon Rees Scully Mansukhani, and how he got involved in the various types of media he now utilizes. He provides some valuable tips on finding and enhancing your professional brand, both within and without the legal world.

Mike Rabinowitz is no stranger to being in front of an audience, whether he is selecting a jury, or headlining at a New York City comedy club as a stand-up comic. The similarities between selecting a civil jury and trying to entertain an audience as a comedian are striking, in that you have a captive audience, and you need to use the spoken word to engage them. Mike is uniquely qualified to opine on those similarities, having been a trial attorney AND a standup for several years. In fact, his experience as a trial attorney prompted him to try his hand at standup, which eventually resulted in Mike being a headlining comedian -- which is one of the most exclusive clubs there is. He offers some great jury selection tips as well - worth a listen to all trial attorneys!

Ross Mallor of PM Legal is a true entrepreneur in the litigation arena in the northeast United States. After an education in computer science and initial plans to become an attorney, Ross's plans changed, and he took a role in his father's company, PM Investigations. Since that time, PM Investigations, now PM Legal, has grown from a 2-person investigation company into a 200+ employee company, which conducts investigations for both plaintiffs and defendants, handles service of process and court filings, and is also now affiliated with E-Law and Lexitas. If your question is, "how did PM Legal grow so quickly and efficiently over the past 15-20 years?" -- this conversation is illuminating. Ross takes advantage of technological innovations, keeps an open mind about new opportunities, and most importantly, listens to his clients. Aside from that, Ross is a fantastic storyteller, and in this interview, relays some great stories about his business practices over the years, a few about conducting surveillance, and even one about playing poker with actor Kevin Pollack. (This story is worth the price of admission.) For more information, check out PM Legal.com.

No guest this week -- instead, Brian Gibbons and Georgia Coats discuss the seemingly ever-changing impact of COVID-19 and the delta variant on court operations.  As recently as a few months ago, the pandemic seemed to be on its last legs, but numbers are trending in the wrong direction again.  What does that mean for court operations this Fall and Winter, in NYC and elsewhere? Also, with new associates starting at Wade Clark Mulcahy and other firms across the country, Brian & Georgia compare their immediate post-law school experiences, discuss what they wish they knew at the time, and offer some advise for graduates starting their legal careers in the next few weeks.

Justin Schorr is an engineer with a Ph.D. in Civil and Environmental Engineering from George Washington University.  He has been working with DJS Associates -- a family owned forensic engineering firm -- literally since he was a child.   In addition to his engineering background, we discussed collision reconstruction, biomechanical assessments, and spent much of the interview discussing autonomous vehicles.    Many of us have heard or read about self-driving cars and the potential impact -- good or bad -- on the number of accidents that would result from their rollout.   But as Justin points out, autonomous vehicles will necessarily be data collection systems so that they can communicate with other autonomous vehicles.   Will the majority of drivers sign up to have all their vehicle's movements recorded?  What's more, some studies show 90% of vehicles will need to be autonomous before we realize tangible safety improvements.   For more info about Justin and his team of engineers, check out www.forensicDJS.com.

Jessica Zimmerman is a former prosecutor, civil defense attorney and third-party administrator, and now works directly for an insurance company.   Her varying perspectives viewing the world of litigation give Jessica unique insights to what we do in defending and evaluating claims.   Did she envision a career in insurance right out of law school?   Certainly not -- yet, she's been in this industry for much of her career, and has explored various opportunities throughout.   This should be an insightful, practical and "real" interview for any young professional considering a career in the risk management world.

In addition to being a mother of 4, Winter Wheeler is a former litigator who started her own mediation practice just before the onset of COVID. It is evident from speaking to Winter that she has some unique insights and ideas about how to bring parties together for an effective mediation. A lot of it comes down to preparing effectively, to establish trust with the parties. She isn't afraid to build that trust days or even weeks before the mediation, to help make the actual mediation hearing that much more effective. Her mediation practice has thrived, despite the pandemic, and she expects to be very busy going forward. And for good reason!

Angela Levitan is an engineer, bio-mechanist and human factors expert who can provide analysis, consultation, and where appropriate, testimony to assist litigants at trial. Simply stated, Angela can provide forensic support to the "common sense" arguments that we often consider during the claim investigation, to wit, "there's no way this accident happened the way the plaintiff says." Angela can help confirm or refute our theories early in the game. Angela has provided expert analysis for us on many occasions, and if she cannot help your case for whatever reason, she'll tell you that -- which renders Angela's opinion utterly credible. Our discussion focuses on Angela's general approach, and some of the interesting claims she has handled over the years. We also discuss my theory that Hooper from Jaws is the quintessential expert consultant. What am I talking about? You'll have to listen!

"I did everything Fred Astaire did -- except backwards and in high heels." What does this quote have to do with trial practice and litigation? Good question. Bob Cosgrove and Matt Care, WCM partner and counsel, respectively, just tried a bizarre Errors & Omissions case before a real, live in-person jury in Pennsylvania. The verdict just came down on June 3, 2021, so this interview is as "hot off the presses" as it gets. And when asked how a COVID-era trial differs from a "regular" trial, Bob immediately thought of the Ginger Rogers quote. (i.e., everything is the same, except harder.) Our interview with Bob and Matt gets into the nuts and bolts of how a jury trial functioned during the COVID, including jury selection, witness testimony and juror interaction during trial. If you're an attorney or claim professional, and curious about exactly how a jury trial looks in 2021, this interview provides some great insights.

Aisling Jumper had a "typical" introduction into the insurance world -- by working at an insurance call center in County Galway, Ireland, speaking Spanish to international travelers on holiday.    You know -- "typical."    Aisling ended up going to law school, and has been involved in the insurance world ever since, whether at a law firm, with a third-party administrator, or working directly for Trans Re, where she is now.  Aisling's enthusiasm for insurance is palpable in this interview, as we delve (unironically) into the "glamorous and sexy" world of D & O claims and insurance policy analysis.   If you've ever wondered what prompts a young lawyer to enter -- and stay in -- the world of insurance, our interview with Aisling is worth a listen.

Shari Belitz is a litigation consultant, author, attorney, former insurance company AVP, and an all-around delight to speak with. We discussed trial and litigation consultation, which can either involve a focus group or mock trial, as an aide to risk managers in advance of trial. Much like consulting with an expert witness can provide a litigant with unique insights about a certain case, Shari and her team can assist litigants in assessing how an entire trial would play out before a jury. Knowledge is power, and Shari offers knowledge to risk managers, which can help them better assess exposure and fine-tune defenses. You can find Shari at sharibelitz.com or on LinkedIn, and her collaborative book with 19 other women in the legal world, #Networked, is available on Amazon and elsewhere.

Dan Solinsky is a former Bronx Assistant District Attorney, much like this episode's host, Brian Gibbons. After leaving the public sector, Dan has worked primarily on the plaintiff's side in civil litigation, which makes him a common adversary of Wade Clark Mulcahy LLP. This interview focuses on what plaintiffs and defendants have in common, how civility among attorneys has actually increased during the pandemic, and which courtroom movie is the best of all time.

"One Question Too Many." This phrase was a theme of Part 2 of our interview with Dennis, as it pertains to one of Dennis's many "war stories" about trial practice. A skilled cross-examiner can sense when to stop asking questions and move on to the next topic. (It's harder than it sounds!) Developing that sense takes discipline, as does becoming a reliable insurance coverage attorney. Simply stated, there are no shortcuts to experience. In this episode, Dennis relays some wisdom about trial practice, insurance litigation, how he developed experience along the way, and some amusing stories about both.

"Things are never as good, or bad, as they seem." This quote has been attributed several authors, and certainly apropos for a trial attorney like Dennis. Dennis M. Wade, founding partner of Wade Clark Mulcahy LLP, wears many hats -- law firm manager, mentor, problem-solver, insurance expert, fine art and specie authority. But he remains a trial attorney at heart, and during trial, highs and lows can change in an instant. Dennis has a story for everything. During Part I of our conversation with Dennis, as we delved into Dennis's prosecutor days and his current role in the legal and insurance worlds, it became immediately apparent that a second conversation would be needed.

Wade Clark Mulcahy attorneys Georgia Coats, Vivian Turetsky and Brian Gibbons share their thoughts on different aspects of remote/virtual litigation. The topic was prompted by Vivian's recent remote oral argument before the First Department last week. How does remote argument differ from in person argument? What about depositions? What aspects of remote law practice are here to stay, and which will fall by the wayside once COVID restrictions lift (hopefully) later this year, and in-person litigation resumes?

What is "Call Your Next Witness," and why are we at Wade Clark Mulcahy LLP doing a legal strategy podcast?