Trial Lawyer Talk

  TRANSCRIPT Scott Glovsky: The future. Welcome to Trial Lawyer Talking. I'm so happy to be talking with Cliff Atkinson. I've had Cliff's book and I should say books because I'm now on the fourth edition of Cliff's phenomenal book, Beyond Bullet Points and it has been such a wealth of knowledge and wisdom that ... Read More The post Trial Lawyer Talk, Episode 67, with Cliff Atkinson appeared first on Law Offices of Scott Glovsky.

Scott Glovsky: Welcome to Trial Lawyer Talk. I'm Scott Glovsky, and I'm your host for this podcast where we speak with some of the best lawyers in the country. Today, we're very lucky we have Jim Leach. Jim is a wonderful lawyer from South Dakota who really has walked the walk and talked the talk. ... Read More The post Trial Lawyer Talk, Episode 66, with Jim Leach appeared first on Law Offices of Scott Glovsky.

The latest episode of Trial Lawyer Talk is the first of two Podcasts with Eric Fong. Eric talks about how to overcome fear and obstacles in and outside of the courtroom. He also discusses his recent case where he won a $91 million settlement which has a lot of great lessons for any trial lawyer. ... Read More The post Trial Lawyer Talk, Episode 65, with Eric Fong appeared first on Law Offices of Scott Glovsky.

Adrian Baca discusses the case of an admitted gang member, Reggie Cole, who spent nearly 20 years in prison for a crime he didn’t commit. This wrongful conviction case was the subject of an article in Rolling Stone magazine called, “How I killed my way out of prison.” Once out of prison, Reggie got involved ... Read More The post Trial Lawyer Talk, Episode 64, with Adrian Baca appeared first on Law Offices of Scott Glovsky.

This episode of Trial Lawyer Talk was recorded on Juneteenth. Employment attorney Genie Harrison discusses a famous case for a black firefighter that caused racial division in Los Angeles. What started as an incident of racial harassment and discrimination, very quickly grew into a hostile work environment with retaliation. Ultimately, it became a constructive termination case ending a career. About Genie Harrison Genie Harrison practices law in Los Angeles, CA. Genie Harrison Law Firm represents victims of wrongful termination, sexual harassment, discrimination, retaliation, and other employee rights violations. Ms. Harrison is the President-Elect of CAALA, the Consumer Attorneys Association of Los Angeles. CAALA is the country’s largest local association of plaintiffs’ trial attorneys. About this Case Ms. Harrison’s client Tennie was a fire fighter at Fire Station No. 5 in Weschester, CA. Tennie’s captains and coworkers fed him dog food in a racially motivated prank. They knew they would get away with the prank because the fire department did not have a universal process for workplace investigations. After the prank, Tennie didn’t feel safe and went out on leave. When Tennie returned to work, he faced a potentially life-threatening act of discrimination. Just prior to a “flash over” training exercise, someone tampered with his oxygen tank and mask. Tennie lost trust that he would be safe and taken care of by his fire fighting peers. “Trust is so integral and key to being able to function as a fire fighter. Once that trust was completely and irretrievable broken, Tennie could no longer do the job.” Tennie left the department just shy of his retirement and pension. Ms. Harrison tells the story of the case. She uncovered systemic violations, harassment, discrimination, and retaliation across Los Angeles fire stations. She explains that “Tennie broke my heart.” This case helped spark necessary changes in the Los Angeles Fire Department. Ms. Harrison now works together with community groups and civil rights organizations to create systemic change. She said, “When there are committed people who remain focused on what’s right, we can make the change happen and it can be different and it can be substantially, measurably better.” Other Episodes of Trial Lawyer Talk To listen to other episodes of Trial Lawyer Talk and hear from the best trial lawyers in the country, go here.

In this episode of Trial Lawyer Talk, we are humbled to have Don Clarkson join us to explain "Donisms." Don Clarkson is a phenomenal psychodramatist who pioneered psychodrama training for trial lawyers. Gerry Spence brought Don in when he started the Trial Lawyers College in 1994. The idea that Gerry and others had was that to become a better lawyer, you need to become a better person. You need to pursue your journey inward of self-exploration and figure out who you are. Then, you can use this insight to become your true self and your full self in the courtroom. Today, Don discusses what many lawyers around the country know as “Donisms.” “Donisms” are pieces of wisdom that Don uses to help educate lawyers to become better people. And to become better husbands, wives, parents, children and lawyers. In this episode, Don explains the meaning behind several “Donisms.” About Don Clarkson Don Clarkson, owner of Clarkson & Associates, began training in psychodrama at St. Elizabeths Hospital in Washington, D.C. in 1961. He attended the Moreno Institute where he trained with Dr. J. L. and Zerka T. Moreno. He is certified as a Trainer-Educator-Practitioner by the American Board of Examiners in Psychodrama, Sociometry and Group Psychotherapy. He was on the faculty of Howard University. During the late 1970’s and early 1980’s, Don pioneered psychodrama training for trial lawyers through the National College for Criminal Trial Lawyers. “Donisms” You cannot tell someone else’s story until you know your own story. Listening is like holding another person. (Our greatest tool is our ability to listen.) You need to say something for yourself - regardless of whether it is going to do any good. Our job in life is to recognize the holes in the ground from our childhood or from our past so that we don't fall into them again. If you can’t talk about something, it’s out of control. (If there is something that bothers you in life, that’s really the direction you need to go.) The place that seems most dangerous is where safety lies. Love is the essential ingredient out of pain. Once you manage to endure the pain and come out of it, you allow yourself to be loved. Our goal in life is to understand who we are, to forgive our parents, and to forgive ourselves. Without pain there’s no growth. People pleasers often don’t get pleased. How we leave each other says how we’ve lived together. Don ends by sharing how to hold someone and how to say goodbye. He explains, “I make it a purpose not to pat (someone’s back). And I make it a purpose also when I see someone to look at them. When I'm getting ready to leave, I say to myself, this may be the last time in life that I ever see you. So I want to take this moment to feel who you are.”  

About this episode of Trial Lawyer Talk In this episode of Trial Lawyer Talk, Marjorie Russell, a wise, thoughtful, and highly strategic trial lawyer consultant, shares a methodology for how to take the weakest aspects of your case, the ones that keep you up at night, the ones that you’re scared of in your voir dire, and turn them into part of a winning trial story. Marjorie discusses aspects of discovering the story, of connecting with the client, of going to those places that seem the most dangerous, and of working through them and integrating them into the heart of a case. About Marjorie Russell Marjorie Russell of MARJury Consulting lives in Michigan. She specializes in holistic case development; client, witness, and lawyer preparation; and jury selection. Marjorie has been a law professor for many years. She graduated from Gerry Spence’s first Trial Lawyers College (TLC) class over 25 years ago. Marjorie has been on the faculty of TLC ever since training some of the best lawyers in the country. About this case Marjorie discusses a case of a 19-year old man named David who got into a car accident causing two broken wrists and neck and lower back problems. Four years later, he had undergone surgery and his hands were still injured and he was in pain. David was unemployed, living in his parents’ home, and drinking heavily. In depositions, he seemed lazy, greedy, and like he was waiting for a large payout from the accident. David’s lawyer felt the jury would reject him because he could not get David “to talk about himself in a way where he didn’t validate the picture that the defense lawyers wanted to paint.” He called Marjorie to help. Marjorie tells the story of how she helped turn the situation around for the trial. She says, “I think my best help is connecting with people and helping them feel comfortable fully being themselves, especially about the things that people want to attack them for.” In reality, David was a good person who “had reached a point of hopelessness.” They turned the story around from David as a “bad, irresponsible, horrible person” into a story of David suffering because so much had been taken away from him. In the end, it was a winning trial and “a story of redemption” for David. Results Marjorie ends Trial Lawyer Talk with, “That's my reward. When I see the healing and when I see the confidence. When I know that the lawyer has been able to take what we’ve discovered and make magic with it - that the jurors are lighting up with recognition. They know what that's about. They understand that kind of struggle and that he did become a hero in his own life. And that is the bottom line for me. I want to know how has the person were helping become a hero in their own life, and how can we show that story?”

Laura O’Sullivan is a wonderful criminal defense lawyer who practices in Kansas City, Missouri. She discusses a criminal case for a young man with a tumultuous childhood who was in foster care until the age of 18 and was facing lifelong consequences for allegations of inappropriate behavior. Laura O’Sullivan is a trial and appellate attorney with over 20 years of legal experience. Currently an Assistant Public Defender in the state of Missouri, she previously was an Associate Clinical Professor at the University of Missouri, Kansas City School of Law, and held a variety of other positions including at the Midwest Innocence Project. Laura’s specialties include trials, post convictions, criminal and family law, teaching students, and training attorneys, managers, investigators and support staff. During the young man’s trial, several witnesses helped tell the story of his life. The jury’s decision restored Laura’s confidence in the love and openness of people to really listen and to reach a verdict based not just on the incident at hand, but instead on a person’s whole life. Laura discusses how she doesn’t grow bitter and cynical representing clients who sometimes have done terrible things. She shares that often her clients have had difficult childhoods and are suffering from addiction or mental health issues and are facing a system that has failed. She’s learned from her clients that people have different needs, and sometimes a need is to be heard. Her role is not to control, but instead “to do the best (she) can and to help her clients through what is probably one the most difficult times in their lives.” Laura then turns to her work on constitutional challenges in Missouri.  “Missouri’s public defender system is 49th out of the 50 states in terms of funding. So, we have an underfunded and overworked public defender system. We have more clients than we can handle. What we’ve done in Kansas City is to look at our ethical obligations and the constitutional rights of our clients to have an attorney.”  Clients, attorneys and the ACLU sued various state offices.  An update can be read here. Laura finishes with a story about a client who was a representation of strength of heart and strength of mind.

Joey Low is an expert at framing the story and getting to the heart of the universal truths of a case. He discusses a civil case for a 76-year-old woman who was in a car accident and suffered broken bones and mild traumatic brain injury. The case was a “red light, green light” and “he said, she said” case meaning there was no proof of what color the stop light was or who was at fault. Unknown to Joey until the trial, before Joey was retained the client had responded to discovery suggesting that the accident was the client’s fault. Joseph H. Low, http://www.attorney4people.com, has a national reputation for his expertise in trial law. He has conducted trials all over the country in Federal, State and Military Courts. He focuses his attention in representing people who have been bullied by corporations and the government. Areas of his trial work have seen him with victories for his clients including personal injury, medical malpractice, business litigation, civil rights violations and criminal defense. Joey framed the value of this case by showing the jury who his client was and how she showed up for others. The value wasn’t about her age or how much time she had left on earth, but instead about the life she had led up until the accident. As Joey said, “it was important for the jury to see everything that was there, not just what wasn’t there any longer.” A legal immigrant to the US, Joey’s client learned English, got educated, became a nurse and earned American citizenship. She had a “special connection serving others who couldn’t serve themselves.” After the accident, she had anxiety, fear, and isolated herself from her family and community. The accident not only changed her, it also changed other’s experience with her. After showing the jury who his client was before the accident, Joey addressed the absence of proof of the accident by telling an intriguing story and asking the jury to determine, “who’s earned the right to be believed?”

Joey Low, one of the best trial lawyers in the country, wins the unwinnable cases. He discusses a capital murder case where he stood up to General James Mattis (who later became the United States Secretary of Defense) and to the United States government. His 23-year-old client, and seven other marines, were accused of killing an Iraqi civilian behind enemy lines. Six of the eight marines had already taken plea deals. Joey traveled to a war zone, into enemy territory riddled with IEDs (improvised explosive devices) that was no longer patrolled by the U.S., to recreate and get a sense of the sights, sounds, smells, and feelings of the events of the case. Joseph H. Low, attorney4people.com, has a national reputation for his expertise in trial law. He has conducted trials all over the country in Federal, State and Military Courts. He focuses his attention in representing people who have been bullied by corporations and the government. Areas of his trial work have seen him with victories for his clients including personal injury, medical malpractice, business litigation, civil rights violations and criminal defense. The murder Joey Low’s client was accused of occurred during his third tour in some of the most dangerous battle areas in Iraq. He was not guilty and taking a plea deal meant he would serve several years in prison and be required to testify against those who hadn’t yet taken plea deals. He was not willing to testify against his fellow servicemen. Trying this case was a huge risk. Joey was informed by renown trial lawyers that it was not safe to be on the case, not safe to travel to Iraq, and the client would be brutalized by others - including the 6 marines who had already taken plea deals and would testify against him. The client also faced a potential lifetime behind bars or even execution. Joey said as he worked on this case and reenacted the crime in Iraq, “a lot of people suffered and went through a lot of pain to make this right. It is easy to do the right thing, and it is hard to know what the right thing to do is.” “I’m grateful for the experience even though it was terrifying.”

In this episode, Scott talks to Louisiana attorney André Gauthier. Mr. Gauthier tells the moving story of a wrongful death case.

In this episode, Scott talks to Oklahoma attorney Jim Buxton. Mr. Buxton tells Scott about connecting with his clients and a case that profoundly affected him.

In this episode, Scott speaks with trial attorney Stephen Demik. Mr. Demik tells Scott about a case that had a profound impact on him.

In this episode, Scott speaks with Lubbock, TX attorney Rafe Foreman. Mr. Foreman tells Scott about a memorable personal injury case.

In this episode, Scott speaks with WA attorney Francisco "Paco" Duarte. Mr. Duarte tells Scott about a case that profoundly impacted him.

In this episode, Scott speaks with Brooks Cutter, an attorney with offices in Sacramento and Oakland. Mr. Cutter tells Scott about a wrongful death case that had a profound impact on him.

In this episode, Scott speaks with OH attorney Nancy Iler. Ms. Iler tells Scott about a case involving lead poisoning, children, and public housing.

In this episode, Scott speaks with Render Freeman, a trial attorney in Duluth, GA. Mr. Freeman tells Scott about a medical malpractice case that had a profound impact on him.

In this episode, Scott speaks with mindfulness meditation counselor Randall Sokoloff. Mr. Sokoloff shares insights into the tools we can use for being more present inside and outside the courtroom.

In this episode, Scott speaks with Tupelo, MS psychodramatist John Rasberry. Mr. Rasberry shares wisdom he has gleaned from his career as a psychodramatist.

In this episode, Scott speaks with San Diego trial attorney Eric Ganci. Mr. Ganci tells Scott about a DUI case that had a profound impact on him.

In this episode, Scott speaks with San Diego trial attorney Jim Brown. Mr. Brown tells Scott about a sex abuse case involving a child adolescent rehabilitation facility.

In this episode, Scott speaks with Kentucky criminal defense lawyer Frank Mungo. Mr. Mungo discusses a drug case and the power of storytelling.

In this episode Scott speaks with Debbie Taussig, a great trial lawyer who practices in Boulder, Colorado. Ms. Taussig shares a story about a case involving school bullying.

In this episode Scott speaks with Zaki Zehawi, a public defender from San Diego. Mr. Zehawi tells Scott about the importance of optimism and believing that you can make a difference in someone's life.

In this episode Scott speaks with Daniel Rodriguez, an accomplished trial attorney based in Bakersfield, California. Mr. Rodriguez tells Scott about a case involving a school shooting that deeply affected him.

In this episode, Scott speaks with John Gomez, an accomplished trial attorney from San Diego. Mr. Gomez tells Scott about a recent traumatic brain injury case with a big outcome.

Get to know Scott Glovsky with guest host Kim Savo. Scott discusses cases that helped change lives of thousands of people suffering from eating disorders and autism spectrum disorders. He then turns to the importance of storytelling and of integrating all the senses. Kim opens, “Scott has the biggest heart of just about any lawyer I’ve ever known. He fights in every case on behalf of ordinary people who have been harmed or injured by institutions that are bigger and more powerful than they are. In particular, he has a specialty in fighting against health companies that won’t provide medical coverage.” The award winning Law Offices of Scott Glovsky specializes in insurance bad faith, catastrophic personal injury & health-related litigation. Scott Glovsky started the firm to help ordinary people suffering because of the negligent and bad acts of organizations and corporations. The firm’s cases have impacted millions of lives through forcing insurance companies to change their behavior – including their processes of reviewing requests for medically necessary treatment and their medical practices. Scott first discusses a case that taught him the power of caring and connecting. His client, a 26-year-old all-American girl who was close with her family and loved by everyone, had a mental illness – an eating disorder of anorexia and bulimia. She tried to free herself from her hurt, loneliness, pain, and feelings of powerlessness by controlling her food intake. At 68 pounds and needing a feeding tube to stay alive, she was hospitalized. Her insurance company kicked her out of the hospital and days later she committed suicide at home. Scott got to know his client through the unconditional and powerful love and pain of her father.  As they visited her grave and reenacted very painful scenes, he showed Scott tremendous kindness and trust by sharing this incredibly intimate and painful memory. “Part of what made this so meaningful and so special was that he was open with me, and honest with me, and trusted with me, and that developed such a bond between us that ultimately anyone around us could see that level of trust and connection, and we cried together.” As painful as reliving this ordeal was, the father’s goal was to spread the word about what happened to stop this from happening to others. Not only did they win the case and tell the story on Anderson Cooper 360, The Early Show, and in the pages of People Magazine and elsewhere, but Scott was awarded the Consumer Attorneys of California’s (CAOC) “Street Fighter of the Year” Award for his work on this case. Next Scott describes a group of cases he did on behalf of kids with autism spectrum disorders who were denied treatment of Applied Behavioral Analysis (ABA) and speech therapy by their insurance companies. Another lawyer told Scott regarding one of the cases, "You're crazy, you're not going to win that case, and if you do you're going to have to go to the court of appeal, and it's going to take years, and the chances of you winning are slim." Scott felt he had to get involved. “I couldn’t see the situation and not try to help.” Scott was successful – he was instrumental in helping to get the insurance company to stop systemically denying ABA and speech therapy to children with autism spectrum disorders. This decision impacted 45,000 kids with this insurance company and provided a nearly $9.3 million dollar settlement for class members and autism research. “That case is probably the one I'm most proud of because we were able to really make a difference and hopefully changed the course of children’s lives, and their families’ lives, and at least be part of doing something meaningful.” Scott finishes by speaking about storytelling and the need to integrate all the senses. He says, “It's not just about what happened in the past, but how is the defendant acting in the trial, how are their lawyers treating your client, and how are they treating the witnesses?

In this episode Scott talks with Greg Reeves, a trial lawyer from Alabama who specializes in personal injury and sexual abuse cases. Greg tells the story of his defense of a difficult murder case.

In this episode Scott speaks with Terry Lenamon, a criminal defense lawyer based in Miami. Mr. Lenamon tells Scott about a compelling death penalty case. Don’t forget to check us out on iTunes or Google Play (subscribe below) and give us a rating and review!

In this episode, Scott has an in-depth discussion about Psychodrama and its techniques with his guest Mary Jo Amatruda.

In this episode, Scott speaks with Wyoming attorney Tyson Logan. Mr. Logan tells Scott about how a near-death experience helped him become a better lawyer.  

In this episode, Scott speaks with Louisiana attorney Jody Amedee. Mr. Amedee tells Scott about the importance of not judging potential jurors based on first impressions. Don’t forget to check us out on iTunes or Google Play (subscribe below) and give us a rating and review!

In this episode, Scott speaks with Atlanta attorney Joe Fried for a second time. Mr. Fried tells Scott about addressing weaknesses in a case without succumbing to fear.

In this episode, Scott speaks with Wyoming attorney Mel Orchard. Mr. Orchard tells Scott about learning to grow from losses.

In this episode, Scott speaks with Connecticut attorney John Naizby. Mr. Naizby tells Scott about how he finds comfort and a sense of purpose in helping others.

In this episode, Scott speaks with Corinne Mullen, a phenomenal attorney from New Jersey. Corinne tells Scott about the importance of human connection with the jury.

In this episode, Scott speaks with Eric Fong, a trial lawyer from Port Orchard, Washington. Mr. Fong tells Scott about a case that had a profound impact on him.

In this episode, Scott speaks with Betsy Greene, a phenomenal trial lawyer from Indiana. Betsy tells Scott about putting her whole heart and soul into every case.

In this episode, Scott speaks with Grant Lawson, a personal injury attorney from Casper, Wyoming. Mr. Lawson shares the story of a wrongful death case that helped him realize his life-long goal of helping people.

In this episode, Scott speaks with Grover Porter, a phenomenal criminal defense attorney from San Bernardino, CA. Mr. Porter shares the story of a domestic violence case that had a profound impact on him.

In this episode, Scott talks to Wyoming trial attorney Jim Fitzgerald. Mr. Fitzgerald tells Scott a story of a wrongful death case early in his career.

In this episode Scott talks with Andy Vickery, a phenomenal trial lawyer from Houston, Texas. Mr. Vickery shares the story of a client who was deprived of a day in court.

In this episode Scott talks with acting coach and authenticity expert Sam Christensen. Sam tells Scott about the importance of authenticity, whether on the stage or in the court room.  

In this episode Scott talks with Joy Bertrand, an amazing criminal and civil trial lawyer from Scottsdale, Arizona. Joy tells Scott about connecting with her clients.  

In this episode Scott talks with Ken Levinson, a great personal injury lawyer from Chicago. Ken discusses a sexual abuse case in which he not only had to protect his client, but also protect the jury.  

In this episode, Scott talks with Vicki Slater, a dynamo trial lawyer from Mississippi. Vicki shares two phenomenal stories: one about making a difference in people's lives, and the other about an unforgettable case against a corrupt judge and corrupt lawyer.

In this episode Scott talks with Eddie Schmidt, a great trial lawyer from Nashville, Tennessee. Eddie tells the story of a bullying case in which he had to overcome the local bias of an isolated rural community.  

In this episode Scott talks to Heather Barbieri, a criminal defense lawyer from Plano, TX. Ms. Barbieri practices in the reddest county in the reddest state in the country. She tells Scott about a case she had to try multiple times in order to succeed.  

In this episode Scott talks to Eric Davis, a trial lawyer and public defender from Houston who has handled all kinds of cases. Mr. Davis describes a difficult case in which connecting with the jury on a human level was the key to his success.  

In this episode Scott talks to David Humphreys, a trial lawyer who practices in New Mexico and Oklahoma and specializes in suing financial institutions that lie, cheat and steal. He shares a great story of representing a disabled adult against a lender with reprehensible conduct.