The Effective Lawyer: Recent Episodes
Jack Zinda
The Effective Lawyer teaches ambitious trial lawyers how to grow their skills and create a prosperous law firm. Using lessons learned by accomplished attorneys from around the country, we discuss lessons learned through their trials and tribulations. Our discussions cover a vast range of topics sought out by attorneys looking for advice, from depositions to how to market your law firm.
The show is hosted by Jack Zinda, Founder and Senior Trial Lawyer at Zinda Law Group. In less than 15 years, Jack and his team have grown Zinda Law Group from 3 attorneys to over 30, spanning several states and handling a variety of personal injury cases from gas explosions to truck accidents.
Jack and his guests share their knowledge and skills that they’ve acquired through the process of building one of the most successful plaintiff’s law firms in the country.
In each show we cover a new topic that an ambitious attorney would want to better understand, while providing practical skills to improve their legal practice.
For more information, visit https://www.zdfirm.com/the-effective-lawyer
Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about the ways that AI technology can affect your practice.
Discussed in this Episode:
- Drafting demand letters
- Giving client updates
- Drafting pleadings and brief writing
- Evaluating cases
Drafting Demand Letters
One way that AI might be effective is in demand letters. Being able to crunch a large amount of data quickly will give you a better sense of what will and won’t work with a demand letter.
Giving Client Updates
Automating systems that primarily have to do with busy work, will free up time for you and your staff to focus on larger matters.
Drafting Pleadings and Brief Writing
Creating templates that work with AI will allow you to key in on the specifics of the case without all of the time consuming technical jargon.
Evaluating Cases
Using AI to crunch large amounts of data and delivering that data in a tangible way will go a long way to making case evaluations more accurate and efficient.
You can reach Jack at:
jack@zindalaw.com
512-246-2224
Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about creative ways to find new business from your past and existing clients
Discussed in this Episode:
- You have to do a good job
- Personally interact with them once a month
- Survey the client regularly
- Keep in touch
You Have to Do a Good Job
Unless your client enjoyed their experience working with you, you’re never going to get returning business. It may sound simple, but focusing on being the best that you can be today will create business for the future.
Personally Interact with Them Once a month
It’s important to remind your clients that you are actively working on their case or that you’re thinking about them. Make an extra effort to meet in person or over a teleconference video chat.
Survey the Client Regularly
Once a quarter send a survey to your clients. Without constructive criticism you’ll have no way of knowing what areas need to be improved.
Keep in Touch
Once the case is complete, reach out to them at least once a year with a small gift or reminder of your services. Doing simple things to keep your name in a client’s mind will greatly improve your chances of getting future work from them.
You can reach Jack at:
jack@zindalaw.com
512-246-2224
Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about commonly overlooked areas to find damages.
Discussed in this Episode:
- Not getting images
- Traumatic brain injuries
- Loss of earning capacity
- PTSD specialist
- Don’t make up injuries
Not Getting Images
Getting a visual representation of how severe the injury was can be very beneficial for your case. X-rays and MRIs can be especially important if there were bone breaks or hardware had to be installed.
Traumatic Brain Injuries
If your client suffers from a brain injury make sure that all possible tests are run. Unlike an external injury, you may need to provide further evidence to show the severity.
Loss of Earning Capacity
This area isn’t just for business owners. Anyone who is unable to work due to their injury may have a claim of either lost past and future earnings. Loss of earning capacity can even extend to a forced early retirement, so make sure to look into every possible avenue.
PTSD Specialist
If the injury was a result of a traumatic situation and the client is having difficulty dealing with it mentally or emotionally, it may be valuable to look into a post traumatic stress disorder specialist and see if there may be further emotional damages.
Don’t Make Up Injuries
Be very careful when establishing potential claims. While there may be overlooked areas, it’s important not to bend the truth or try to find something that’s clearly not there. One invalidated area may hurt the credibility of the entire case.
You can reach Jack at:
jack@zindalaw.com
512-246-2224
Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about effective tactics to generate more clients for your law practice.
Discussed in this Episode:
- Referrals from other attorneys
- Make your objectives clear
- Have good material
- Don’t sit in the corner
- Batch meetings
Referrals From Other Attorneys
The most simple way to generate clients is your relationship with other attorneys. If you’re a new attorney this means creating new relationships by attending various events, sending mailers and gaining familiarity in general. Remember to track your data and use it to establish places of weakness.
Make Your Objectives Clear
When you’re starting your practice, being intentional about what your client generation methods are is key. You may not have the bank-roll for major advertising campaigns, so make sure every dollar is utilized effectively and efficiently.
Have Good Material
A clear message to other attorneys is a way to set yourself apart from the crowd. Go into detail to explain why working with you will be beneficial for all parties involved.
Batch Meetings
Once you have the ear of other attorneys, set aside some time to meet with them. Using a tool like Calendly is a great way to allow the other party to choose the date and time for the meeting.
Links:
Calendly
You can reach Jack at:
jack@zindalaw.com
512-246-2224
With a team of four seasoned personal injury attorneys at Zinda Law Group, this first episode provides real insight into how each one of these legal minds lost their training wheels to become confident, successful and effective lawyers. New attorneys can listen to this plethora of legal wisdom and breathe a sigh of relief in hearing that a legal passion plus a thirst for fresh legal knowledge is a recipe for professional success.
On today’s podcast:
• Introduction to Zinda Law Group Attorneys, Joseph Caputo, Christina Hagen and Neil Solomon
• Do nerves ever end as a new attorney?
• Advice for their younger selves as new lawyers
• Worst mistakes new attorneys make
• Law firm’s responsibility to help new attorneys’ get better vs new attorneys’ responsibility to get better
• How to manage stress in a stressful profession
Diminishing nerves
When asked at one point did they feel comfortable as a litigator, the attorneys had the following to say.
Senior Attorney, Neil Solomon, who handles severe and catastrophic injury cases at the firm, says when he started fresh out of law school he had no idea what was up from what was down. But, after 5 years of experiencing and learning, he found his legal ‘groove’.
On the other hand, Christina Hagen, an attorney with a focus on wrongful death cases, found that for her it was less about the years of practice but more about the ‘types of experiences’ she was exposed to that helped diminish her stress as a novice.
When asked if the nerves ever really disappear, Partner and Attorney, Joe Caputo advises that “the minute we stop feeling the nerves and the pressure, we’ve got to get into a different business.” It’s important to recognize that there is a lot on the line, and to constantly be pushing yourself out of your comfort zone.
Legal passions and skills
Looking back on their time as newly licensed litigators, each attorney gives a piece of advice to their former selves.
“Don’t be hard on yourself, and understand you don’t have to know everything right away,” Chrissy shares.
Neil, who practiced law for years with respected defense firms in Texas before becoming a plaintiff’s attorney, suggests “trying to figure out what you’re passionate about, and what you want to do in your legal career.”
They discuss the faux pas that many young lawyers make in chasing money rather than their legal passion. They advise that it is the wrong way around and leads lawyers to be married to an area of law that in the end may not be satisfactory.
“Figure out what you love, and the money will follow”, Jack Zinda wisely advises.
Be yourself
In a similar vein, Joe, who was trained to be a ‘balls to walls’, aggressive type of lawyer, says he would have told himself to find his own style.
“Be yourself. Find out what your style is and mold what you are learning to your style,” Joe shares from personal experience.
Altogether, the key message for new attorneys is to find a passion, stay updated on the law and ‘sharpen your tools’ by taking advantage of all opportunities available from conferences to mentorships.
Learn from your mistakes
A common mistake that new attorneys often make is being over-aggressive or over the top. “Our practice is still based in relationships”, advises Neil, “whether it be opposing counsel, the judge and their staff, or the adjustor, building those relationships can generally work out in your favor and your client’s favor rather than being aggressive.”
As a new litigator, if you’re ever worried about making a big mistake, the best advice Joe has is to “learn the rules and learn the laws because that is your safety net.”
Work hard, play hard
Finally, with some important words of caution, the team address how the high levels of stress inherent to the legal profession can be a killer, cause addiction and overwhelm lives.
However, to combat this, they advise that being organized is one of the key tools for lawyers to stay on top and in control of the many competing demands.
And, lastly, the resounding message to new attorneys from the Zinda Law Group team, is to get the work-life balance right. This is a profession that demands hard work, but survival for attorneys requires them to work hard but play harder.
Discussed in this Episode:
- Why is deposition preparation important?
- Preparation steps
- Mock deposition
Why is Deposition Preparation Important?
How your client does in a deposition will make or break how the defense evaluates your case. You cannot put too much time into a deposition.
Preparation Steps
These steps will allow you to properly prepare for the deposition. 1. Understand the defense’s case. 2. Make sure the client understands what the setting will be like 3. Do not overload the client with too much information. 4. Make sure the client knows to tell the truth.
Mock Deposition
Get your client familiar with the process by practicing with someone else from your staff. If your client is struggling with a mock deposition, the worst thing you can do is add negativity to the situation. Keep your client feeling positive.
You can reach Jack at:
jack@zindalaw.com
512-246-2224
Discussed in this Episode:
- What is a “big case”?
- How to acquire a “big case”
- Marketing Strategies
- Putting it all together
What is a “Big Case”?
“Try to get as specific as you can by identifying what your case is that you’re targeting, that’s step one.” Before attempting to land a big case, you first need to determine what a big case means to your firm. A big case is typically a case with an excess amount of potential value. “If 100% of your cases are considered big cases, you need to reevaluate what a big case means to you."
How to Acquire a “Big Case”
“Become an expert in that area.” It’s important to be prepared when searching for big cases. You don’t want to feel like a fraud when a big case presents itself. Create the profile of the ideal client. What would they have gone through? What type of person are they? Although wealthy clients can file a wrongful death claim, it’s typically people who don’t have the means to live without that person’s income that look for a lawyer.
Marketing Strategies
First, you need to budget not only your money, but also time by placing a value on it. Big cases may require more effort than you’re used to putting and establishing what you’re willing to spend (in both time and money) is an important step in achieving your goals. “Be aggressive, but be realistic.” Finding sources through referrals, personal connections and advertising are the best ways to establish your credibility as someone who takes on “big cases.”
Putting it All Together
The only way to truly see success is to take all of the elements listed above and actively apply them to your practice. “This frankly, is where most people give up… a lot of this is elbow grease and being willing to put in the time and energy to make it happen.” You don’t need to do everything all at once, you just need to find your niche and press into it.
You can reach Jack at:
jack@zindalaw.com
512-246-2224
Discussed in this Episode:
- What is the role of an executive team?
- Executive team evolving as your business evolves
- Topics of conversation
- Meeting decorum
- Avoiding blindspots
What is the Role of an Executive Team?
Jack talks about the various types of people who should be a part of your executive team. These people are typically department heads or leaders in their specific area of the business. While it may be uncommon for law firms to have an executive team, they can be powerful tools to keep each other accountable and moving forward in the same direction.
Executive Team Evolving as Your Business Evolves
It can be lonely at the top. Installing an executive team will not only allow you share the burdens, but also workshop ideas and celebrate the victories together. Even if your organization is only 7-10 people, an executive team will ensure that nothing slips through the cracks.
Topics of Conversation
“Every executive team meeting, you want to cover at least the main KPIs of your organization”. Revisiting your primary objectives is a great way to make sure that you’re on track or to course correct if needed. Sharing personal or KPI victories is a great way to start the meeting on a positive note. Sending out potential topics of conversation beforehand can give the team time to prepare.
Meeting Decorum
Not everyone on your executive team is going to be the same personality or have the same primary topics of discussion. If your meeting contains both lawyers and non-laywers, you must learn each other’s communication styles and give space for your team. Not just try to win the debate. If you’re the CEO, delegating responsibility is important. It may not be in your best interest to be in charge of the agenda. You should be an active participant as well.
Avoiding Blindspots
As your organization scales up, the probability of dysfuction or systematic problems increases. Putting systems in place to continually check the health of your business is crucial to thriving. If you’re noticing consistent patterns of poor performance, the best thing you can do as an executive team is to avoid blaming the single person and look at the bigger picture together.
You can reach Jack at:
jack@zindalaw.com
512-246-2224
Links:
Traction: Get a Grip on Your Business
Scaling up: How a Few Companies Make it… and Why the Rest Don’t
The Five Dysfunctions of a Team: A Leadership Fable
Today CMO Kevin Tully is joined by CEO and Founding partner of Zinda Law Group, Jack Zinda. They chat about the ins and outs of determining the value of a case.
Discussed in this Episode:
-
Who’s my client?
-
Always start with the end in mind
-
What sources of information do I have?
-
Focus groups & Round Tables
-
Is this case a big deal?
-
What happens when your client is partially at fault?
Who’s My Client?
Before you can estimate the value of the case, there are a few questions you must ask yourself. Who’s my client? What have they gone through? What has the defendant done that could make a jury want to hold them accountable for their actions?
Always Start with The End In Mind
Draft a jury charge with a list of elements of damages you must approve. Even things like impairment, disfigurement and a number of physical things can be factored into the final number. That being said, using medical bills as a means to justify the dollar amount can result in a much less successful outcome.
What Sources of Information Do I Have?
Look at other cases in your county or region with similar facts and see what the verdicts or outcomes were. There may be examples that show similar behavior by the defendant and similar injuries to the plaintiff. Using services like TrialSmith and VerdictSearch can provide helpful information to value your case.
Focus Groups & Round Tables
Focus groups can be a great way to value a case if you’re careful. Hiring a 3rd party to conduct the focus group is more expensive, but will deliver a more accurate and less biased result. Setting up a round table where each lawyer brings a few cases can be a very effective way to broaden your knowledge about your case and is a win-win for everyone involved.
Is This Case a Big Deal?
Does this case really matter to the plaintiff? Even something as small as missing a child’s birthday due to an accident can be a huge deal to the client. Their desire for justice drives the heart of the case. After the number has been decided and an initial offer has been made, it’s really up to the client to determine if they feel that they are being fairly compensated or if it’s worth sending to trial.
What Happens When Your Client is Partially at Fault?
Determining the percentage of how at fault the client is can also be a factor in the case. In some circumstances even if the client was the one who violated a law or broke the rule, a “rules of the road” type of approach may be worth approaching. I.E. was the client forced to make an evasive action due to the negligence of the defendant.
You can reach Jack at:
jack@zindalaw.com
512-246-2224
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TrialSmith
-
VerdictSearch
Summary
In this episode, Zinda Law Group’s CMO, Kevin Tully, sits down with Zinda Law Group CEO and founder, Jack Zinda, to talk about how to push your cases faster and get larger results.
Discussed in this Episode:
- What makes a firm successful?
- How to evaluate a case
- Common logistical challenges
- The treatment phase
- How to approach the defense
What Makes a Firm Successful?
Success is driven by two major factors: how long a case takes to resolve and what is the result. Jack talks about how having good evaluation practices at the beginning of the case is crucial to forecast what type of result you’ll achieve.
How to Evaluate a Case
Once you’ve talked with a client, the next stage is the investigation phase. In order to make this stage successful you must create a strategy, turn it into actionable items, assign responsibility, and review often.
Common Logistical Challenges
While in the investigation phase, there are a few common things that newer attorneys can get caught up on. Establishing liability (in a motor vehicle accident for example) can be complicated and understanding what does and does not qualify can be a little murky.
The Treatment Phase
In this phase, we establish what type of treatment the client needs in order to get better (if possible) and what’s the client’s damage model. “What is the average time that this should take, based on the client’s injuries and the historical data that I have?”
How to Approach the Defense
“It’s a battle of time, they want to make it take a long time, we want to make it a short time.” The longer the case takes, the more time the client has to recover, which can be a detriment to your case. The defense’s primary tactic is to delay trial dates and create scheduling issues to minimize the impact of your case.
You can reach Jack at:
info@zindalaw.com
512-246-2224
Discussed in this Episode:
- How virtual work has affected the legal industry
- Remote project management
- Communication with virtual employees
- Data security
- How to maintain work culture remotely
- Pros and cons of remote working
How Virtual Work has Affected the Legal Industry
Jack talks about how Zinda Law Group dealt with transitioning to a work-from-home model when the US went into lockdown in 2020. How he addressed his two primary concerns of productivity and communication, “It boils down to infrastructure, productivity and culture… when they think about going remote”. How to establish trust with employees and keep the company moving.
Remote Project Management
“What is the purpose of these tools and how can they be used”. Jack explains how accountability, setting measurable goals and providing data can help employees stay on track within their company and their own team.
Communication with Virtual Employees
The importance of video conferencing and effective “daily huddles”. How to combat “Zoom burnout” by having in-person meetings, printing physical copies of documents and making the proper investments in equipment.
Data Security
Secure data is a real concern for law offices working remotely. Jack explains how they went about establishing boundaries and expectations for what an at-home work computer is. Working with your IT department to maintain a level of control in case of a data breach.
How to Maintain Work Culture Remotely
Remote happy hours are a piece of the puzzle, but setting up Teams (or any text based work software) with non work-based channels can allow employees to stay connected on a personal level. Regularly work related surveys are also a great tool to make sure your team has everything they need to succeed. Give your employees the ability to celebrate each other with awards. What are skip meetings and listening tours?
Pros and Cons of Remote Working
Remote working is a great way to expand your hiring reach, keep your overhead lower via less office space and allows working parents more opportunity to be an active participant in their home. It is more challenging to maintain culture, keep individual employees motivated and stay on top of equipment needs. “Overall it has been a net positive… I’ve been so impressed with some of the people we’ve been able to hire”.
You can reach Jack at:
info@zindalaw.com
512-246-2224
Books:
Scaling Up
Traction
Links:
Culture Amp
Summary
In this episode, Zinda Law Group’s Chief Marketing Officer, Kevin Tully, sits down with Zinda Law Group CEO and lead trial lawyer, Jack Zinda, to talk about how data can be used to create better efficiency in your practice.
Discussed in this Episode:
- Why is tracking data important?
- Defining the terms
- Compiling your data
- How to use data
- Getting your team aligned
- Other ways to use data
Why is Tracking Data important?
Jack speaks about what it means to use data with your business and why Zinda Law Group started using data in the first place. “It started with the practice of law and not how we ran the business.” Putting together a case and establishing good business practices are not that different. You do your research and see where the evidence leads you.
Defining the Terms
In this section, we learn about key performance indicators, metrics, activity numbers, and analytics. Jack explains the functions of these terms and how they all work together to create one final set of data. “If you’re not familiar with these terms, don’t beat yourself up. I wasn’t familiar with these terms when I first started my practice.” How seeing data as stats on a scoreboard instead of just numbers can greatly improve your ability to read analytics.
Compiling Your Data
In order to use data effectively, you must first understand what purpose that data serves. Using the “3 to 5” rule for a specific subject can prevent you from feeling overwhelmed. When logging data, make sure that you have a point person (and/or an automated program) who ensures that it stays organized.
How to Use Data
“You want to make the data very simple to read and easy to use.” Using a color-coded system can be an effective way to address issues or acknowledge success. Data can also be effective outside of typical business needs. Jack shares a few insights on how they use data to determine which cases to take on or avoid.
Getting Your Team Aligned
Getting your team to get on board with data collection can be a daunting task. Finding practical ways to explain how important data is, is a crucial part of having a team that’s aligned. A team that only puts minimal effort will end up with higher data errors, thus rendering it useless.
Other Ways to Use Data
Jack explains how they use data from focus groups to help understand different demographics from state to state. “What if we had similar pieces of information that we could drive decisions on?” Just like insurance companies, we too can look at data to understand the value of a case.
You can reach Jack at jack@zindalaw.com.
Books:
Measure What Matters
Traction
Links:
https://www.zoho.com/
https://www.salesforce.com
www.zindalaw.com
Summary
In this episode Zinda Law Group CEO and lead trial lawyer, Jack Zinda, talks with Senior Director of Attorneys and Legal Staff, Jason Aldridge. They cover everything you need to know when gathering and preparing evidence for a premises liability case.
Discussed in this Episode:
- Investigating liability
- Tracking down witnesses
- Video footage
- Depositions
- Cases to avoid
Investigating Liability
When considering a premises liability case, understanding the relationship between the injured and the business is crucial. Conducting an initial investigation will give you a better idea of if a case is worth taking. “Setting the scene” with the client is a great way to build a timeline. You might also consider a human factors expert who will compile information about the safety of the surrounding area where the incident took place.
Tracking Down Witnesses
Jason explains how he goes about gathering evidence and shares the best practices to get the most out of your witnesses. “You must think about employees, former employees, and companies that may have interacted”. He then talks about filing open records requests. “One thing you’re looking for in these cases is to establish a pattern of conduct."
Video Footage
How valuable is video footage and how to find it? When considering video, you must be on top of it. Sending out a video request should be near the top of your list. “If it’s good for your case, they’ll try not to show you, but of course you’ll want to see it." In the situation that video is ineffective, the next best thing you can do is take your own photos of the location where the injury occurred. Jason tells a story about an instance where fighting for video footage completely flipped a case. “Don’t take ‘there’s no footage’ for an answer."
Depositions
“The common theme in all premises liability cases is money over safety." Whether it be an injury due to a fall or death due to drowning, all cases should be approached the same way. Don’t be afraid to take a lot of depositions. It can be as simple as asking a few questions to lots of people, they don’t need to be a six hour deposition. “Start with the incident itself and go out from there."
Cases to Avoid
“For us, what a win looks like has to be factored into the case." When accepting a case, you want to feel confident in the fact that the jury will be deciding on how much to award in damages, not IF the client was at fault. The jury will be putting themselves in the shoes of your client and they must feel as if the accident was not “reasonable."
You can reach Jack at jack@zindalaw.com.
Links:
- Jason Aldridge
- Jack Zinda
In this episode of The Effective Lawyer, Zinda Law Group’s CMO, Kevin Tully, turns the tables and interviews CEO and founding partner of Zinda Law Group, Jack Zinda. Listen as Jack dives headfirst into effective management of law firm finances. Whether you are a seasoned lawyer or are just starting out, Jack offers invaluable insight into what it’s like to start a law firm and manage resources.
Discussed in this Episode:
- Becoming a personal injury lawyer
- Cash in a personal injury practice
- How to make a cash practice work
- The right mix of cases
- Case cost anticipation
- Alternative revenue sources
- Measuring healthy cash flow
Why Become a Personal Injury Lawyer?
When Jack was in law school, he wanted to be a prosecutor. Later, he found himself contemplating whether or not it was the best choice for him. One summer while working for a small personal injury firm, he realized how much more impactful his work could be by being on the side of the little guy in “David vs Goliath” cases.
Cash in a Personal Injury Practice
Personal injury cases can require large sums of cash on-hand. Not only do you need to pay for your practice’s expenses up-front, but you’ll also be waiting from six months to two years before receiving compensation. “It’s like a giant layaway program,” Jack says.
How to make a Cash Practice Work
A combination of an hourly practice and a line of credit are crucial to maintain and grow your business, but you must also be able to understand your business’ finances. “The first thing you have to do is make yourself financially literate”. Jack recommends Simple Numbers by Greg Crabtree as a useful tool to improve your financial literacy. Working with a partner or associate who specializes in a different type of law is another way to create financial stability. He also recommends working with another law firm that fronts the cash for a case while you put it in the “sweat equity”.
The Right Mix of Cases
Before agreeing to handle a case, Jack will ask, “How long will the case that I’m working on take to fund?” Each type of case presents its own set of challenges, which makes the funding timeline vary greatly. Creating the proper mix of cases ensures that you’ll maintain consistent cash flow.
Case Cost Anticipation
Jack explains how his practice uses a system they developed to better understand what the anticipated costs of a case might be. Once the cost has been established, they then update the anticipated cost monthly as things change. “Once you get to enough cases… the law of averages comes into play,” Jack says. Forecasting cash flow is another important aspect and it all starts with a budget. The anticipated costs must be cross-referenced with the budget in order to project your earnings.
Alternative Revenue Sources
Outside of traditional methods, there are other areas to explore in regard to revenue. One such area is referral fees. It may not always make sense for your practice to take on certain cases. Referring those cases to another practice for a small fee is an easy way to create passive revenue.
Measuring Healthy Cash Flow
Jack gives his insights on how his practice manages cash flow. “There’s no substitute for being able to sleep at night,” Jack says. Creating good habits can reduce financial stress, especially as the business grows and the finances become more complex. Being disciplined is crucial when it comes to being a business owner.
Links:
- Jack Zinda
- Zinda Law Group
- Greg Crabtree
- Simple Numbers
Making the Switch from Defendant to Plaintiff Law
Summary
In this episode, Zinda Law Group CEO and lead trial lawyer, Jack Zinda, gives an overview of what it’s like to make the switch from defense work to plaintiff law. Joining Jack is his law partner, Neil Solomon, who decided to make the transition from defense to plaintiff law several years ago. Since joining Zinda Law Group, Neil has partnered with Jack on some of the firm’s most groundbreaking cases, was named a Rising Star by Super Lawyers, and is a member of the Multi-Million Dollar Advocates Forum. Choosing to pursue a career in plaintiff personal injury law is not an easy decision, but Neil offers unique insights as both he and Jack weigh the pros and cons.
Discussed in This Episode:
• A trial lawyer right out of law school
• Making the switch to plaintiff law
• Overcoming new challenges as a plaintiff lawyer
• Resources for new personal injury lawyers
• Weighing a career change
• Other tips and tactics
A Trial Lawyer Right Out of Law School
When Neil finished law school, he knew he wanted to be a trial lawyer, but the legal job market was tough at the time. When his wife landed a position in Austin, Neil took his first job as a litigator at an insurance defense firm. In law school, Neil wasn’t introduced to many opportunities to join a plaintiff’s firm, as there was a bigger emphasis on business law career paths.
“It goes back to educating the public and everyone about what we [personal injury lawyers] do and how helpful and good it can be for the community and as a career,” Neil said. “I don’t think they really portray that in law school whatsoever.”
Making the Switch
When Neil’s former firm began taking on personal injury cases, Neil gained valuable experience working in personal injury law from the defense perspective. He enjoyed the work, and after a few years, realized the “defense life” wasn’t for him. In fact, plaintiff attorneys he worked against evaluated his skillset and encouraged a career in plaintiff law.
“For attorneys who make a successful switch, it always seems to be about the clients, and it seems that the story is very common,” Jack said. “Rarely is it about the money because you make good money on both sides. It tends to be who is focused on really helping individuals.”
After making the switch, Neil had to change his mindset in litigation. Instead of analyzing a case and always wondering what could go wrong, he had to shift his focus toward what could go right.
“On our side, we’re trying to tell a story that is compelling,” Jack said. “On the defense side, you’re trying to break down and destroy a story.”
Why Defense Lawyers Can Excel on the Plaintiff Side
“I find a lot of attorneys who start off on the defense side make great plaintiff lawyers,” Jack said. “They see the holes in the case, and they don’t drink their own kool-aid and they don’t buy too much into a case.”
In fact, defense-turned-plaintiff lawyers truly understand the value of a case. Defense lawyers are often more skeptical early on, and when they overcome the skepticism, that’s how they know a case will work.
Overcoming New Challenges as a Plaintiff Lawyer
One adjustment Neil had to make as a new personal injury lawyer was working with a different case timeline. Defense attorneys receive a case once a lawsuit has been filed. Plaintiff lawyers, however, get calls from potential clients soon after something terrible happens. It also took time for Neil to get used to evaluating cases and being more selective about who he represents.
“It did take a little bit [of time] to figure that piece out,” Neil said. “Obviously, there are cases we know as soon as they call in that it’s a good one we want. But we have to figure out who we can help out and which cases would be better suited for someone else.”
Resources for New Personal Injury Lawyers
Neil praised the plaintiff practice for its camaraderie when asked about resources for lawyers like him who make the switch.
“Everyone is helping each other out, trying to share what they do,” Neil said.
Neil recommended Rules of the Road, Reptile, and David Ball on Damages 3 for new personal injury lawyers. Neil also recommend Don’t Eat the Bruises by Keith Mitnik. Jack also noted the importance of joining local and national trial lawyer associations. These organizations have valuable list servers for attorneys to openly ask questions about the practice of personal injury law.
Weighing a Career Change
When someone decides to change the type of law they practice, the shift can be rather daunting. That’s why it’s incredibly important for lawyers making these types of moves to be prepared.
“Make a list of the characteristics that you think [a practice area] requires,” Jack explained. “I do think there’s a level of risk tolerance you need to have as a personal injury lawyer. Over time it gets easier because you start realizing it’s not as risky as you thought in the beginning because you get really good at evaluating cases.”
Still, when a lawyer makes this type of change or opens their own practice, they must be prepared to withstand any potential obstacles or setbacks early on. Some defense lawyers who make the switch and then return to defense law cannot handle this part of the process. For others who want to stick with plaintiff law but are struggling early on, they can consider other options, such as teaming up with someone who does hourly work. This provides a useful buffer for “down months.”
Links:
- • zdfirm.com
- • Jack Zinda
- • Neil Solomon
Summary:
Join Zinda Law Group CEO and lead trial lawyer, Jack Zinda, as he speaks with one of the firm’s senior trial attorneys, Jason Aldridge, about what it’s like to start law school and a legal career later in life. For attorneys who start law school in their 30s and 40s, it can be challenging, overwhelming, and even a little intimidating. Jason, one of the top trial attorneys in Texas, walks Jack through the process of applying to and attending law school later in life after having worked in many other fields. Jason also offers valuable tips for mid-career professionals who want to take the plunge into law and excel in a law firm environment.
Discussed in this Episode:
• Life before law school
• Why people with diverse life experiences make the best trial lawyers
• What it takes to be a good trial lawyer
• Making the most of free time
• Finding a job after law school
• Listening and having empathy
• Accelerating growth
• Identifying goals and achieving them
Life Before Law School
Jason served in the army after high school under the notion that it would lead to medical school. Once Jason left the army, he became a golf professional and then worked at a financial firm. Jason also waited tables and worked as a bartender. Eventually, he landed in Vegas and worked in the casino industry as a pit boss. After a while, he began to consider law school, even though he didn’t have college credits.
“I planned my degree like you can’t imagine. I took 30 credits in one semester because you can stack three, four, and five-week courses.”
Jason originally planned to be a prosecutor, but the application process took a very long time.
After law school graduation, he landed at Zinda Law Group and never looked back.
Why People with Diverse Life Experiences Make the Best Trial Lawyers
“I think every job is sales to some extent,” Jason said. “If you’ve ever waited tables and you’ve got to try to make five people happy…if you’ve ever done that, then you learn how to listen.”
At the heart of every trial lawyer’s career is the art of connecting with people. Jason also had supervisory experience as a pit boss working with diverse groups of people, which helped him relate to clients as a trial lawyer. His work in Las Vegas somewhat resembled his responsibilities as a trial lawyer today.
“You have to make sure you don’t make mistakes because those are very expensive. You have to make sure that you take care of the player within the limits of the rules.”
Tip 1: What it Takes to Be a Good Trial Lawyer
Jason took many of the life lessons he learned while being a pit boss and applied them in his legal career.
“There are several things that correlate to being a good trial lawyer,” Jack said. “One is high pressure and moving quickly and having to be accurate.”
As a trial lawyer, you must be quick on your feet and avoid misstating the law, as that can have a detrimental impact on your case. Lawyers who learn that in previous careers tend to have a leg up over other lawyers and law students.
Tip 2: Making the Most of Free Time
One of Jason and Jack’s biggest tips for law students is to make the most of their law school commutes.
“Try to fill the dead time that you have with getting ahead and studying,” Jack said.
Law school also breeds a culture of high-performance and success amongst students.
“If you’re there, you already know what it took to be there. Most of the kids in law school are performers; they’re great people. If you go to law school later in life, then you’ve already worked to be there,” Jason remarked.
Tip 3: Finding a Job After Law School
First, Jason applied for an internship with the Travis County District Attorney’s office, but the application process took a long time. Next, Jason found Zinda Law Group, which was rapidly expanding when he submitted his application.
“It wasn’t about the law; it was about the firm,” Jason said.
Jason also sent several emails, LinkedIn messages, and submitted his application in-person. His goal was to distinguish himself from his resume.
“If you put yourself in the mix with these college kids, it’s hard to stand out. For me, that was my best bet – to meet someone to show that I was different than my resume.”
Tip 4: Learn to Listen and Have Empathy
One of Jason’s biggest tips for new lawyers, especially those with prior professional experiences, is to listen and find common ground with clients.
“You don’t have to convince anyone. You just have to listen. I learned that selling cars,” Jason said. “The best car salesman didn’t really talk, they just listened.”
If the commonality isn’t genuine, most clients can tell when connections are not natural. Even well-meaning lawyers can find themselves trying to sell their services without showing empathy or trying to find common ground. To be a trial lawyer, you really have to understand people’s motivations and concerns.
Tip 5: Focus on Accelerating Growth
To learn the most as a trial lawyer in a short period of time, Jason emphasizes being very intentional about the learning process.
“I didn’t wait for information to find me,” Jason said.
Instead, Jason actively tried to learn what he didn’t already know in the practice law. One of the most important traits of lawyers is to understand what you do not know. Once you do that, you can learn more and improve your practice.
Tip 6: Set Goals and Ask for What You Want
Many younger attorneys avoid voicing their goals to senior attorneys and partners, but Jason constantly works with Jack and the partners at Zinda Law Group to identify his goals and achieve them. All that is involved is identifying what you want and mapping out how to get there.
“Find a part of a case that the person above you doesn’t want to do and do that,” Jason said. “Nobody is ever going to stop you from learning.”
Links:
• zdfirm.com
• John C. (Jack) Zinda
• Jason Aldridge
Discussed in this episode:
· How a “terrible” rock band led to a career in marketing
· From law school to entrepreneur and startup growth expert
· Mastering the nontraditional attorney career path
· How a law degree enhances marketing skills
· How to put together an actionable marketing plan
Have you defined your practice’s brand? Are you wondering how your law degree can help in marketing? Kevin Tully, Zinda Law Group’s CMO, has the answer.
In this episode, Kevin will detail his dynamic professional journey, discuss how law school made him a better marketing professional, and offer tips for personal injury lawyers who are trying to build their practices and reach more clients.
“You all have your hearts in the best places when it comes to helping your clients,” Kevin said. “That was an easy mental shift for me to make to see at the end of the day we are serving people in need. That felt really good. That was a reason to get out of bed and come to work every morning.”
From rock band to marketing master
It’s safe to say that Kevin Tully’s journey as a marketer has been anything but dull. When he started playing in an amateur rock band in college, he never would have dreamed of becoming a lawyer turned expert marketing executive.
“Playing in bands is where I first started to be a marketer. We were promoting our shows and making band fliers and stickers and all that sort of stuff,” Kevin said.
After college graduation, Kevin worked at Atlantic Records in New York City in the age of Napster.
“I was there, I was working in the marketing department, working in the A & R department. I realized my coworkers were packing up their desks and leaving for other opportunities outside of the music business because it just wasn’t headed in the right direction at the time.”
The law school journey
“There was a guy who’d show up and he would talk to my boss, and he wore a suit, and he looked like he was doing well for himself. So, I picked his brain. I said, ‘Hey, what do you do? Will you take me to lunch and tell me all about it?”
From there, Kevin pursued a law degree. Exposure to intellectual property law inspired Kevin to start his own company in the music industry.
“Through that I learned digital marketing, ecommerce, and a lot of skills that are still in play for me today.”
Mastering the nontraditional attorney path
Kevin’s legal experience has served him well as a marketer on a nontraditional post-law school path.
“I stepped off the path, and I haven’t ever tried to go back to becoming a practicing attorney,” Kevin said. “I think that would be a little intimidating at this point, and I’m happy where I’ve ended up.”
“A law degree is a means to an end and not an end itself,” Jack added. “I see a lot of attorneys who are unhappy in the practice of law they’re working in…and they feel stuck.”
How a law degree enhances marketing skills
“It taught me how to think critically, it taught me how to problem solve. I think issue spotting is something that I use every day in all of the different companies that I’ve worked for,” Kevin said. “I think that’s the big difference between lawyers and nonlawyers is the ability to boil something that is complex down to the crux of the issue.”
Kevin eventually shifted gears from working with Indeed and Siete Foods to leading the marketing team at Zinda Law Group.
“I just felt like this was going to be a great group of people who were really driven, really smart, highly motivated, and I wanted to be in that kind of space again. I felt like it was going to make me better as a person,” Kevin said.
“It’s funny, once people come work for us and other personal injury law firms, they see what a great calling this area of the law can be,” Jack added. “But it has such a tough stigma from people on the outside that it can be tough to convince people to give us a shot.”
Kevin admitted that marketers in personal injury law fight the same battle. Still, he admits that overcoming that starts with the personal injury firm itself and its focus on helping people in need.
How to put together an actionable marketing plan
“I’m a big believer that frameworks are helpful starting points,” Kevin noted. “Anytime I’ve ever had to learn anything, the ‘ah-ha’ moments have been seeing the frameworks others have used.”
He also emphasized the importance of marketing funnels. At the wide end, you have your awareness-level marketing. This lets people know that you are “out there.” As consumers make their way through the funnel, they slowly provide information, engage you, have a great experience, and build loyalty.
“Using that framework, we think about how that maps to who the client is, getting that persona down, and understand how you can be helpful to them as you go through that process. If you’re not providing value to them in that marketing, you’re doing it wrong,” Kevin said.
The whole point of legal marketing is getting clients to a good place and solving their problems. Kevin discussed lessons learned from StoryBrand, a book about brand building for today’s marketer. For lawyers, building a strong brand requires positioning oneself as the client’s guide.
Links:
- zdfirm.com
- Attorney John C. (Jack) Zinda
- Kevin Tully
Types of Expert Witnesses
When working on trucking cases, hire a liability expert right away. Reconstruction Experts and Fleet Management Experts are incredibly useful.
Reconstruction Experts can look at the data and construct a clear picture of the incident
Fleet Management Experts can give us a clearer picture of the hiring, training, & supervision causes of action.
“In any type of case like this, you have to secure the evidence as soon as possible” says Neil.
“The more the defense is trying to hide the evidence the better it is for our case? says Jack.
When/How to Hire an Expert Witness
Listserves are a great place to start, also talking with other attorneys that you may have worked with previously. There are also companies that will specialize in directing you to experts in a particular field—this works well for finding very specific experts.
“Be persistent...finding the right expert is really important and it’s not going to be the same one for every case” Jack says.
Vetting expert witnesses
Check your listserve resources and online to see what other attorneys have said about them. Read deposition transcripts that they have appeared on. However, talking through the issues of the case will give you the clearest pictures of whether or not they are the right expert for you. Nothing replaces a direct conversation
“These people are often times taking all of the facts and spoon-feeding the jury your liability argument.” Joe says.
Ask them if they’ve ever been struck from the record, which is necessary to protecting your client.
Managing the costs for an expert witness
Pricing your expert our through the entire process, including trial. You want to have enough money available to take that expert witness through the trial phase.
“You don’t want to get into a situation where you took the depositions, you have the reports, & the case didn’t resolve so you have to go to trial but you’re out of money.” says Joe.
Have a frank conversation with the expert at the beginning and ask for a budget.
“I’ve learned to be super mindful about what documents I send an expert...” Chrissy says, “...so that we’re not sending things that are unnecessary that they’re going to charge us for reviewing...”
Witness consulting vs testifying
Sometimes you might retain a consulting expert who does not give an opinion that is particularly good for your case. In that instance you wouldn’t want them to testify on your behalf.
“If there’s some reason that we don’t want to use them we just keep them as a consulting expert and we don’t have to disclose them to anybody...” says Neil. “Now if they have a good opinion...we move them over, have them draft a report, and disclose them when the time comes...”
Quote
Impeaching an expert witness
Your main objective when taking the deposition of an opposing party’s expert is to strike or limit their testimony from the record. However,
“We may have some really good impeachment evidence; we have to decide—do we want to hold onto that?...Or is it so good that we just can’t help ourselves” says Joe.
“You definitely want to attack their credibility” Chrissy says.
“That’s the number one goal, you want to make their expert look like a clown” says Neil.
This also goes to show how important it is to be careful when selecting your own experts. You want them to be honest, professional, and credible.
“To really successfully attack an opposing party’s expert, you have to believe they’re not credible. And if that’s the case then you need to figure out why they’re not credible.” Jack says.
Advice for new attorneys handling expert witnesses
If you are hiring multiple liability experts, make sure your experts don’t contradict each other.
“I have one recommendaton...the read and sign component...if you have them read and sign, that’s going to be an expensive endeavor.” Joe says.
“Use your experts for how you set up your discovery plan...it’s not just to get their own opinion, but to help you figure out what you need to get from the other side.” Neil says.
Key takeaways:
● When working on liability cases, hire an expert right away.
● Only hire experts that you have vetted, and that you believe are giving a professional, honest, and credible opinion.
● Don’t forget about your budget. Be upfront with your experts about your budget, and about the potential for going through a trial process as well.
● When impeaching an opposing party’s expert, your main goal is to attack their credibility so that all or part of their testimony can be struck from the record.
Cases involving ATVs (All Terrain Vehicles)
Driving an ATV is like driving any other motor vehicle, inherently dangerous in nature. Accidents happen when people don’t take this seriously.
“Two main scenarios, one is a child that shouldn’t be on one...the other is someone gets on with a drunk person” Neil says.
“Being drunk on an ATV is a bad idea” says Jack.
ATV Cases: Source Recovery
“We have found specific ATV Coverages, but ideally you’re looking for some sort of ranch or homeowners insurance policy” says Neil.
Look for either specific ATV insurance coverage or a ranch or homeowners insurance policy of the property the accident happened on. Ideally your looking for at least a million dollar insurance policy to cover the damages.
For accidents involving children driving the vehicle, look to the equipment manuals to prove Negligent Entrustment. In these cases, the owner of the vehicle is often willing to make their insurance pay because they feel really bad.
And don’t rule out a Products angle. “There are lots of product cases against these ATV manufacturers for not making these vehicles safe enough.” Burgess says.
Accidental Shooting Injury and Death Cases
These cases are not intentional in nature but result from negligence around firearms. Unfortunately these cases are very common.
“Firearms are dangerous...we see quite a bit that people are just careless with guns” says Burgess.
There are so many rules involving firearms that it is often very straightforward to make the case for liability to a jury.
“It’s not about pro-gun or anti-gun, most people that are pro-gun believe that you have the responsibility to handle a gun safely.” Says Jack.
Source Recovery for Accidental Shootings
Typical source recovery for accidental shootings comes from a homeowner’s policy.
“I think insurance companies are very fearful of these cases because typically the harm that occurs when somebody negligently discharges a firearm is pretty significant” says Burgess.
“Never plead intentional conduct, that’s such a gift to the insurance company” Jack says.
Other Types of Difficult Cases
Typically follow the pattern of “bad harm” similar to gunshot cases or ATV accidents. Drowning cases are common as well as fires and gas explosions.
Many drowning cases involve children being left unsupervised.
“Recently we had a case involving a fire where the apartment complex didn’t have the proper fire equipment...our clients had to jump out a three-story window to escape” Jack says.
“Gas explosions happen a lot more often than people realize, on a nationwide basis” says Burgess.
“Watch out for the Recreational Use statute...if the public land is used for recreational use then there might be some additional reasons that the landowner gets off the hook” Neil says.
Always start with the why did something happen and that will usually establish a clear fault.
Expert Witnesses
Expert witnesses should be involved from the very beginning. They can help you know what to look for and how to vet the case.
“It can be tough to find the right expert” says Jack. Looking at witnesses used in similar lawsuits can be a great place to start.
Using contacts from your local Trial Lawyer Association can be helpful as well.
Be careful with vetting your expert witness, though, because they might be more excited about your case than you.
“I haven’t met a professional expert witness who hasn’t told me I’ve got a great case” Neil says.
Focus groups can also be helpful, or getting the perspective from friends and family members.
Key takeaways:
- Any case involving a harmful accident can be difficult
- Common difficult cases include: ATVs, Guns, Drownings, Fires, and Gas Explosions
- For each case of this type, start with why the event happened to discover a clear fault
- Source recovery for these cases will typically involve a homeowner’s insurance policy but don’t rule out a products angle
- Utilizing expert witnesses should be common practice, but they need to be consciously vetted.
Difficulty with Suing Government Entities.
When suing a government entity it can be difficult to determine if they are waiving sovereign immunity or not.
“There’s a minefield of issue that you can come across that are different from when you are suing a private citizen or a private entity
Three common types of Government cases: 1. Clear violation of constitutional rights, 2. Cases involving a vehicle, & 3. Cases that involve a government premise or property.
“The most common are more of your standard car wreck cases. Most of the time—either state or federal—they allow themselves to be sued for those types of cases” says Neil.
Differences When Working with Government Lawyers
“They act as if they have unlimited resources” says Neil.
“You get good lawyers on the other side, but they don’t typically specialize in personal injury claims” says Burgess.
New attorneys should be very selective of these types of cases. They take a long time and they are expensive.
Where to Begin?
Starting with the Government Statute in order to determine if the government has sovereign immunity.
“The general rule is that you cannot sue the government unless they give you permission to sue them.” Says Jack
Keep in mind that many states will have different notice provision windows. Also, there are often caps for personal injury claims.
“That goes for any case you’re investigating, you always need to scratch the itch of ‘is there a potential governmental entity involved?’” Burgess says.
Pay attention to caps for both client restitution and lawyer fees
“Checking out the caps...that’s a big factor when looking at these damages. They often will set a cap—particularly state governments—on how much you can recover.” Neil says.
When suing the federal government, the notice requirements aren’t as strict and there are no caps on client restitution. Lawyer fees, however, are capped below market value.
Differences when suing the federal government
If you are suing the federal government it is a bench trial; you are trying the case in front of a judge, not a jury.
Wrongful Death cases with Law Enforcement
Look into whether or not constitutional rights were violated, this is a different approach than a regular assault case. Reference the 1983 Cause of Action.
“These are nuanced fields that are workable for a new attorney; you just have to spend the time to really get up to speed and understand what you’re doing.” Says Jack.
Qualified Immunity creates a heightened burden to hold the police officer accountable.
“They can be very difficult cases to win” Says Burgess.
Creating a Discovery Plan for Wrongful Death from Law Enforcement Cases
Start with understanding the evidence and considering what you need to prove.
“You’re definitely going to have to start with the charge, and then tailor your discovery plan to that.” Says Burgess
Approach the publicity of the case with caution, it can be both helpful and hurtful.
“There’s always ethical concerns, you don’t want to be litigating your case out in public.” Burgess Says. “But it can really create a pressure point and help move the needle.”
“Really think about what’s going to actually get out there to the public, and whether it’s helping or hurting your case.” Neil says. “Your obligation is to your client.”
“You can use it as a sword, or it can cut your own hand off” says Jack.
Key takeaways:
· Start any case with a government entity by determining if sovereign immunity applies
· Government cases tend to take years, not months
· State and local municipalities will have different statutes that apply in each case
· When dealing with wrongful death and law enforcement, remember that qualified immunity creates a heightened burden to hold police accountable
· Take caution when deciding how to deal with the media, remember that ultimately it must benefit your client.
Links:
· www.zdfirm.com
· John C. (Jack) Zinda
· Kelsey Balzli-Yarbrough
- Burgess Williams
· Neil Solomon
Taking the first steps in a Construction Injury Cast
Understanding all of the parties involved is the best way to begin approaching a construction injury case. Establish the relationship that the worker has with the job site. Who is the general contractor? Is there a worker’s comp or insurance agreement?
Example Quote: “It’s so important to get started on these cases right away,” says Christina.
Common Types of Cases/Injuries in construction.
Both construction workers and bystanders are often injured. Accidents involving falls are very common, but also falling debris, forklifts, and other heavy vehicles are often involved in injuries on construction sites.
Example Quote: “Construction Sites are—by their nature—dangerous places,” says Burgess, “Things can go wrong, and they can go wrong quickly.”
Helpful Regulations and Guides to Reference
“The first place you want to go to are the OSHA regulations,” says Burgess.
Looking at OSHA regulations and ANSI Standards is the first place to start. Keeping in mind that when an accident is reported to OSHA, they will send a representative to investigate at the site of the incident.
“Instruction Manuals & Trade Journals are also great resources,” adds Jack. “You want it to be very simple—who was in the best position to prevent the harm and who had the power to do so.”
Frequency of Construction Injuries
Construction Injuries are very common, and whether or not you have a viable case will depend state to state.
“Typically if your client is working and has worker’s compensation then they have no recourse against the company” says Burgess. “Find our if there were any third parties onsite.”
There is always the possibility of a product malfunction being the cause of the injury.
“Unfortunately, a lot of our clients are undocumented workers,” says Jack “and they’re really taken advantage of. A lot of them are terrified to even contact an attorney initially.”
Most common types of construction site injuries
“They’re almost always going to be catastrophic,” says Christine. “You’re almost always going to have a severe brain injury or some type of spinal injury.”
“Helmets are meant to protect against small debris, not catastrophic impact,” adds Jack.
Injuries are typically very severe in nature, most often causing permanent harm to the victim.
Outlining a discovery plan
“If you are not the type of law firm that likes to litigate then I would stay far away from construction cases,” says Jack.
Make a list of all the parties involved in the construction site. Then get contractual information to establish the relationships of each party. Then comes the deposition phase, be prepared to take a lot of depositions in these types of cases.
“Get as much information as possible at the initial client meeting,” says Christine.
“Checking 911 calls can be helpful” says Jack.
Key takeaways:
- Approach the case by creating a “snapshot” of the construction site
- Create detailed documentation showing all of the parties involved
- OSHA & ANSI Regulations are key resources when understanding fault
- Many victims are undocumented workers
- Workers comp typically bars you from being able to proceed with the case
- These are tough, expensive cases. Make sure that the damages justify taking the case on.
Today the Zinda Law Group team discusses Traumatic Brain Injury Cases and the best methods for approaching them. How can you tell the full extent of the injury? How has the science behind TBI changed in recent years? How do you get an accurate picture of the client’s health and behavior? Trial lawyers Burgess Williams and Chrissy Hagan share their thoughts and experience with Jack and Kelsey about this interesting and sensitive topic.
In this episode, the Zinda Law Group team discusses one of the biggest challenges that attorneys face as their practice starts to grow: how do you manage not just yourself, but a team of lawyers working with you?
Sharing their thoughts and experience with Jack about some of the challenges and tactics they use to help manage the team, are two of Zinda’s all-stars, Christie Feyen & Cassandra Pillonel.
Christie is the Vice President of Personnel at Zinda Law Group, PLLC, and Cassandra is the Director of Attorneys & Legal Staff.
Challenges of managing lawyers
Zinda has established a training and development team to mentor and train new attorneys. They’re constantly refining their practices when it comes to training new lawyers, straight from law school, as well as existing lawyers.
“We tell everybody joining that we have a very robust training program, and we do, but it is what helps sets us apart,” says Jack.
The skill of management
Even if you have a small practice, being able to effectively manage your small team can lead to great results. That’s the objective of a great manager, to get the best outcome from your team.
“One of the biggest challenges,” says Cassandra, “is that you have to create an environment for the attorneys where they can learn, and what is inherent in the learning process is making mistakes.”
Balance allowing young attorneys to make mistakes they can learn from without it leading to malpractice or a grievance issue.
“Time is the biggest challenge,”adds Christie, “because our lawyers are so busy, finding the time for career development [is tough].”
Onboarding a new associate
“The onboarding process is crucial when it comes to getting new associates into the firm. They have to know that it's going to be a journey. And there's going to be times where there needs to be training and feedback,” says Cassandra.
Build rapport with new recruits, get to know them, have fun, you want them to like you, you want them to feel invested and welcome at your firm. Once they’re comfortable, then you can begin training and development.
“You can't have someone come in cold, hardly get to know them, and then start shouting feedback at them, that’s not going to be well received,” adds Christie.
Hiring for culture fit
You can really like someone, but that doesn’t mean they're a good cultural fit for your firm. Keep in mind a bad cultural fit can be detrimental to an existing culture.
Every organization’s culture is different. Define yours first, and then figure out your core principles and purpose, and include those in your job postings.
“If someone's not fitting in, it affects their work, and it might affect the team's work. If someone has a particular style that doesn't quite jive with our processes or procedures, it's not setting them up for success. It's not setting our clients up for success.”
Establishing if someone’s a good fit
“Focus on what people do, not what people say,” says Jack. “Superstars who perform at really high levels are not always the ones patting themselves on the back. And people that are not a good fit may be the ones that are trying to convince you that they're a good fit.”
Create a list of what you expect from a new attorney in their first 90 days and then review their work against it to see if they’re measuring up to what they talked about in the interview.
How to manage a new attorney
“Listen more than you speak and admit your mistakes,” says Cassandra.
“Don't be afraid to give feedback when it's warranted or when it's needed, because it doesn't help you to not correct someone,” says Christie, “they're not going to grow from that and you don't grow as a manager.”
On today’s podcast:
- From lawyer to manager
- Challenges of managing lawyers
- Onboarding a new associate
- Hiring for culture fit
- How to manage a new attorney
Links:
- www.zdfirm.com
- John C. (Jack) Zinda
- Cassandra Pillonel
- Christie Feyen
On today’s podcast:
● Creating a discovery plan
● What a corporate representative deposition is
● The order of discovery
● Obtaining information the defence is hiding
● Common mistakes when handling discovery
In this episode, the Zinda Law Group team discusses how to evaluate a case. A lot of the time, it’s not the case you take, but the case you don’t take, that can make or break your practice. Sharing their thoughts and experience with Jack is his law partner, Joe Caputo, one of the top litigators at the firm, Neil Solomon, and one of their all-stars, Christina Hagen, who litigates cases in Colorado and Texas.
How to evaluate a case
Deciding whether or not to take a case is one of the toughest parts of your job - you only have a tiny snippet of information on which you have to base your decision. So, how do you know whether the case is worth taking or not?
“When evaluating a case,” Jack says, “I think of liability damages. Is there a source of recovery? What do I think about the client? Who’s at fault and why? And damages. Are they hurt enough to warrant pursuing a claim?”
Consider also if you’re proud to represent the case, whether you’d feel confident working nights and weekends to represent them. Are you going to make a meaningful impact in their life?
“Is it going to be worth their while to have us go through our process to try to help them? Evaluating the facts and the circumstances and the damages and the source of recovery. It's just as important that you think about it from the client’s perspective.”
Sometimes, the best thing you can do for the client is not take the case.
Sorting fact from fiction
“Trust your instincts,” says Joe, “if it doesn’t sound right, it probably isn’t.”
You don’t want to get your hopes up that it’s a million dollar case only to wind up disappointed because you didn’t ask focused and direct questions:
- How did you leave the scene?
- Who was the first one there?
- Who called the police?
The clients aren’t out to deceive you, they could simply be mistaken, and if you don’t ask the right questions, you could misinterpret information.
“A lot of times when you sign up a case, you'll hear information from the client. If you don't verify it, that becomes an assumed fact in your head. And you could get six months, a year, two years into the case, and you never vetted that. And it actually wasn't a fact, it was just someone's opinion or hearsay that someone heard second, third, fourth hand,” says Chrissy.
Source of recovery
How do you identify if a case makes sense from a source recovery standpoint, especially when you don't know much about the case?
“The most important thing,” says Neil, “is to confirm the source of recovery, because it will determine your strategy and the timeframe in which you can try to get the case resolved.”
Look outside the box too for sources of recovery, don’t accept a blank space on a crash report where the insurance policy isn’t recorded. “That's also where dash cam and body cam footage can be really helpful too,” adds Chrissy.
Walk the scene
Always go to the scene and do your own investigation. Hire an expert in the field if you aren’t familiar with what you’re looking for.
“Whether it's how to build a hotel, or how the training process is related to operating a truck crane, or how to hang a chandelier, get an expert to talk to you about what could have gone wrong and who the parties are,” says Chrissy.
Go at a time when the incident occured so you can see what the situation might have been like - who else might have been there? Potential witnesses? And look for cameras.
Deciding whether to take the case
“I always approach it with a best case scenario, in terms of liability, damages and source of recovery. And then given that and how much money I can afford to spend on the case, can I file a lawsuit and conduct an investigation without taking a crazy risk?” says Neil.
Top tips for new litigators:
- Always meet the client in person or have Zoom meetings - you need to get a sense of who the person is.
- Ask focused and direct questions to make an informed decision.
- Determine the best case outcome.
- Sometimes turning down a case is the best thing you can do for a client.
- Be open and honest about how you conduct your investigation.
- You can’t change the facts once you’ve established them, you need to be able to think on your feet and change your game plan accordingly.
On today’s podcast:
- How to evaluate a case
- Sorting fact from fiction
- Determine source of recovery
- Deciding whether to take the case
Links:
- www.zdfirm.com
- Attorney John C. (Jack) Zinda
- Christina Hagen
- Neil Solomon
- Joseph Caputo
In this latest episode of The Effective Lawyer, the Zinda Law Group team discusses how to investigate a personal injury case, or really any complicated liability case for either your clients or for your practice. As in all cases, they highlight the importance of getting your investigation underway quickly and getting to work on it immediately. Sharing their thoughts and experience with Jack is his law partner, Joe Caputo, and one of the top trial lawyers in the firm, Neil Solomon.
The importance of immediate investigation
While it’s vital in all cases to get to work immediately, it’s even more time critical when investigating a personal injury case.
“Witnesses' memories fade. Extremely fast. Make sure you're getting to them and getting the statements as soon as you get the names of any witnesses. Track them down and try to pin down alternate contacts and everything else, because people will disappear.”
“Reach out to witnesses and get a recorded statement wherever you can, too,” says Neil. “An investigation is not just getting a crash report, or getting a copy of the 911 call tapes or dashcam video and looking at it later,” adds Joe. “It’s getting to the issues early, getting boots on the ground.”
“It's those small things in that initial investigation that you need to follow up on that can really help your client.”
Never take the crash report edits word for factually what happened. “If you don’t peel the onion,” says Jack, “you’re never going to uncover all the evidence.”
How to document talking to a witness
There’s lots of different ways to go about capturing a witness statement. “If you can,” says Neil, “record them while you’re speaking to them during your initial investigation. Getting a video statement is best. Even if you simply whip out your iPhone and say, ‘Hey, can I take a quick statement from you?’”
“Hopefully by recording it now and then providing it later, they don't have to be brought in and have their deposition taken. Or something that would involve more time or more stress for the person.”
Using an investigator
When should you use an investigator and when should you go out and collect the information yourself? Joe says:
“My answer is it depends. What you don't want to do is create conflict for yourself that would make you a witness in the case and prevent you and your firm from representing the client.”
“If it’s an important witness, don’t be afraid to approach them directly,” he advises. “You don’t want to risk the investigator striking out or not being successful, particularly if you know you won’t get a second shot at the witness statement.”
The dangers of social media
“While social media can be a treasure trove of information to find evidence for your cases, you have to make it clear to your clients not to post on social media about the case or about their injuries,” warns Neil, “unless they want the jury or the defendant to see it.”
“The last thing you want is [them to be] posting on social media all of the marathons they have been running. Meanwhile, we have a life care planner saying they need lifelong care, and it'll be the nursing home in six months.”
Top tips for new personal injury lawyers
- Don't take liability for granted on the investigation side
- Don’t just rely on the crash report
- Get physical evidence
- Do not accept conceded liability, because they won't concede it at trial
- Get out of your office, get out and go do the investigation work
“You'd rather put in the time now than get through depositions, get through mediation, and then all of a sudden, realize you had a terrible case, and you put in hundreds of hours of free work.”
On today’s podcast:
- The importance of immediate investigation
- How to document talking to a witness
- To use an investigator or not?
- The dangers of social media
- Top tips for new personal injury lawyers
Links:
- www.zdfirm.com
- Attorney John C. (Jack) Zinda
Wrongful death cases can be some of the most challenging cases to work on both from an emotional standpoint and a tactical or strategic standpoint. Don’t miss this latest episode of The Effective Lawyer, where the helpful Zinda Law Group team has put together a how-to guide on handling your first wrongful death case. Sharing their thoughts and experience with Jack is his law partner, Joe Caputo, and one of the top trial lawyers in the firm, Neil Solomon.
The most rewarding cases
While the team never wants something to happen that will force families to call the Zinda Law Group, they unfortunately come across a number of these challenging cases. They’re difficult for so many reasons. Namely, no rock can be left unturned while finding the liable parties and discovering evidence, as well as recovering information from the families.
But on the other hand, the team is helping families deal with some of the most traumatic things they’ve ever experienced.
“Some of my most rewarding cases that I've had the opportunity to work on are ones where a child has lost a parent… and our ability to ensure that they’re going to be taken care of, at least financially, to me, is something that gets me up in the morning and lets me work those extra hours at night and be away from my family.”
The specific tactics
When you work a wrongful death case, you have to employ specific tactics that you might not ordinarily have to use in a typical case.
“The number one thing that you have to make sure you do is go to the client's house, and sit down with the family and really get their biography. We create a CV of the deceased. And it's not just their professional resume, but it goes through their entire life from where they were born, where they lived, early childhood, education. We try to keep it to two pages.”
Doing this allows you to get a perspective on how to push the case, what strategy to take, and ultimately allows you to better present their story when the time comes.
The clients
The thing about wrongful death law is it is nuanced by what state you’re practicing in. Most often the clients are the spouse, the children, or the living parents of the deceased. Essentially, you’re looking at the closest relatives to that person and branching out from there. If in doubt, draw a family tree.
“Make sure you also get documentation verifying the relationships. You want birth certificates and death certificates, as these can be critical to proving that relationship. You also want to get marriage certificates and review the family law records for any divorces.”
Top tips for new trial lawyers
The team’s top tips for new trial lawyers to wrongful death cases include getting an aggregate settlement agreement that describes how the money is going to be divided up if there’s a limited supply.
“It's always easier to divide up money that you haven't gotten, than money once it's on the table.”
Make sure you know the nuance of where the case can be filed and figure out where that best place is. The different damages you can be awarded vary drastically by state and the venue you’re in.
“And I would say go offer to work with lawyers that have some of these cases and offer to work for free. Or if you get one of these, team up with a very experienced attorney who can show you the ropes.”
On today’s podcast:
- The most rewarding cases
- Specific tactics to employ in wrongful death cases
- How they differ from a typical case
- Who the clients are
- Top tips for new trial lawyers
Links:
- www.zdfirm.com
- Attorney John C. (Jack) Zinda
Could your practice do with a shake up? Are your business processes lacking somewhat? Today we’re jumping back in time to when Jack was a guest on the Michael Cowen show.
Jack has built up his personal injury law practice to include three main offices and 17 lawyers in two different states. How has he been able to do this?
He shares his story with Michael, including his experience of running a firm and practicing law, as well as the practicalities of running a firm across state lines. Listeners will learn the many tips and tactics he found effective in scaling his practice, and some of the more important processes they follow internally that have allowed them to grow from a small to mid and now larger size firm.
“I think a lot of people, especially attorneys, think that doing personal injury law is a quick buck. And they soon realise, man, this is a lot of work. Yeah, a lot of risk.”
So pull up a chair, grab a pencil and paper, you’re going to want to take notes.
From waiting tables to personal injury lawyer
“My dad owned a restaurant. I grew up washing dishes, cooking, waiting tables, bartending, which was great training for being a trial lawyer and learning how to talk to people.”
Now, when he hires new lawyers, one of the experiences Jack looks for on their resume is waiting tables.
“I find that people who wait tables give good service, even when they're being unreasonable.”
The influence of the e-myth
Jack didn’t rely on consultants to help him grow his business; instead, he invested his time in reading as many books as possible early in his career. The one he credits for giving him the idea to plan how he wanted to grow the firm was the E-myth.
“I started off by drawing an org chart for what the firm would be like when we had 30 lawyers, who would be in charge of HR, finance, marketing. And then I worked my way backwards from there to where I was then.”
At the same time he focused on the core principles he wanted the firm to be about, while also making sure he still practised law.
“I didn't want to become a CEO or a business guy… The reason I like doing personal injury work is you get to help people and work with clients.”
How to get cases for his firm while growing it
In the beginning, Jack built a referral network of attorneys who sent him cases. He told them to send him everything, the good, the bad and the ugly. He says this took about a year to pay off.
Jack also had a rule that he had to attend two networking events a week. A rule he still insists on with his team of attorneys today.
Hire great people
A law firm is only as good as the people.
“We're very analytical in our approach. It all starts with having a great team. Something that it took me a long time to figure out is that who you hire is usually the most important decision you can make.”
His theory is that if you have a bad business system but great people, you will succeed. If you hire bad people but have a great business system, you’re going to fail.
And you don’t need to hire people who have lots of experience, you just need them to be organized. To get them up to speed with how you work, hire a training and development attorney.
The power of habit
“We found the software in our processes and checklists help build the habits that lead to success... greatness is built by doing the right thing every single day.”
One of Jack’s firm’s core principles is ‘excellence always’, which means they don't do a great job some of the time, they do a great job all the time.
They do a thing called a ‘litigation strategy memo’ before they follow any lawsuit. They’ve learned that if they plan it out early, the deposition goes much better when you know where you're going.
Don’t take unscheduled phone calls
Finally, says Jack, don’t take unscheduled phone calls. Coach your attorneys to step away from their phones and not check email constantly.
“We tell our attorneys to turn off their computer monitors when they're having an important conversation with the client, because you'll be distracted and not even know it.”
He’s also a big believer in willpower:
“You've got to set yourself up for success by setting the atmosphere that you want in order to be successful.”
On today’s podcast:
- Building up the firm
- Learning business processes from The E-myth
- Hire great people
- What to look for on a resume
- The power of habit
- His core principles
Links:
- www.zdfirm.com
- Attorney John C. (Jack) Zinda
- https://triallawyernation.com/michael-cowen/
- The E-myth Revisited
- The Power of Habit
- The 4 Disciplines of Execution
For attorneys out there interested in the intricate world of trucking and catastrophic injury law, this episode is for you. Chrissy Hagen, Joe Caputo and Jack Zinda spill the proverbial beans on what tools they use to reveal the true cause of severe and catastrophic trucking accidents.
Sharing genuine anecdotes from their practice, the Zinda Law Group professionals set out an A-Z on trucking investigations. From the trucker’s hour of service log to the company’s hiring record, the advice is - leave no stone unturned with the help of experts and technology at your service.
What’s the big attraction to trucking?
Firstly, this is an area for those of you with a real thirst for knowledge. When asked why this area brings them so much enjoyment, Chrissy and Joe are in complete agreement.
“How much experience and knowledge you need to handle cases proficiently” is the biggest appeal.
Why?
Well, Chrissy says this is an area where the success of your case depends on the experts you engage to get to the bottom of who caused the crash. From reconstruction experts to perception specialists, this is a job where you really have to think outside of the box.
On the other hand, trucking law is also a huge responsibility and an area that affects the lives of most people in the USA. If handled incorrectly, these gigantic vehicles are weapons on the road.
As a result, many of their clients will have endured one of the ‘worst days of their lives’ and often have suffered a life-threatening injury or lost a family member.
So, for the Zinda Law Group attorneys, their roles are not only to hold the right people and entities responsible for the crash, but most importantly, to try and prevent it from happening again through improved safety standards and business due diligence.
Where to begin?
Investigate, investigate, investigate.
“Don’t take the crash report at face value. Talk to the investigating officer and find out what they looked at”, Jack suggests. You’ll soon realize that a report citing your client is not always as clear-cut as it may initially seem.
Upon arriving at the scene, the police only have a short period of time to judge what may or may not have happened. Since the injured individuals are often already in an ambulance, suffering from a severe injury, or otherwise unavailable to speak with the officer, the report is usually based on a very one-sided and partial story of the crash.
Number two, get a different perspective.
In this modern society, cameras are all around. From the dashcam in the police car to the security cameras in nearby stores, it is likely the crash is somewhere on tape.
Failing that, 911 records are key given those who call the emergency services are witnesses to what happened.
According to Joe, sending out a spoliation letter for a ‘laundry list’ of items like cell phone information, logbooks, and trip receipts is a must at the start of every trucking or commercial vehicle case.
Expert witnesses
Expert witnesses are critical to commercial vehicle cases, and it’s important to get them involved early in the case. Experts can help paint a picture of a trucker’s reckless behavior and, crucially, show where a trucking business has failed to uphold training and hiring responsibilities.
The main point for success is to ‘always bring it back to the company’ and demonstrate a pattern of business etiquette reflective of the crash itself.
On today’s podcast:
- Why is working in this field enjoyable?
- Investigation is key
- Technology, cameras and 911 tapes
- Experts to employ
- Truckers and their patterns of behavior
- Trucker companies: role and hiring responsibility
Links:
- https://www.zdfirm.com/
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://www.zdfirm.com/attorney-profiles/joseph-caputo/
- https://www.zdfirm.com/attorney-profiles/christina-hagen/
- https://zindatruckaccidentlawyers.com/
- https://www.trialguides.com/blogs/authors/michael-leizerman
Back together this week, the Zinda Law Group professionals discuss a topic you may have
heard of – the Coronavirus. Attorney, Christina Hagen, Partner, Joseph Caputo and Founder,
Jack Zinda reflect on how the pandemic has catalyzed technological change within the legal
world. Remote depositions, mediations and trials have each caused their own set of challenges
to be overcome.
The COVID-19 realization
For both Joe and Chrissy, life as personal injury lawyers gave them their COVID-19 wake-up
call. In mid-March, Joe was halfway through his morning coffee, watching the news and was
struck by a sense of fear that made him opt for a virtual deposition rather than risk an airplane
journey for his scheduled appearance.
For Chrissy, it was deposition delays that made her realize the only way to get through this
pandemic was to adapt to the unprecedented changes by ‘thinking outside the box’.
In Jack’s case, a sudden, mid-game NBA cancellation was a surreal experience that triggered
his realization. In 48 hours, the Zinda Law Group office went from a 60-person environment to a
100% remote operation, and since then he has scarcely seen “2 people in the office at any one
time”.
What has changed?
Well, it is of no surprise that everything now revolves around video conferences, and with this
new medium comes a whole host of new challenges, including, but not limited to, unexpected
interruptions, dwindling attention, technology issues and internet glitches.
Mitigating these issues, however, is as simple as a dress rehearsal. An additional preparation
session before deposition, for example, will allow you to be proactive about identifying potential
issues before they have the opportunity to become a problem.
The Zinda Law Group checklist for preparing clients is: check internet hotspots, ensure
background settings are video-friendly, make sure laptops are working and, crucially, that they
are paired with a camera.
And make sure to ask ‘is anyone else in the room?’
Jury trial or no jury trial?
And finally, the team put down their bets on the likelihood of jury trials in 2021. From a
pessimistic Joe to Chrissy and Jack’s optimism, ultimately the team remains hopeful about a
safe and innovative future for jury trials.
On today’s podcast:
- Setting the scene with Zinda Law Group in COVID-19
- The moment of realization about COVID-19
- Challenges of remote depositions
- Hurdles of virtual mediations
- Smooth sailing online court trials
- Jury trial predictions 2021?
- Book recommendation: The Andromeda Strain by Michael Crichton
Links:
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://www.michaelcrichton.com/the-andromeda-strain/
- https://www.zdfirm.com/attorney-profiles/christina-hagen/
- https://www.zdfirm.com/attorney-profiles/joseph-caputo/
In a special edition episode of The Effective Lawyer, Jack Zinda takes center stage in San Diego as a guest on Simon Law Group’s podcast, ‘Justice Team’. Joined by Attorneys Brandon Simon, Greyson Goody, and Evan Garcia of the Simon Law Group, this week we journey into the experiences that taught Jack how to build a highly successful, multi-state, personal injury law firm that employs 80 members of staff, including 26 attorneys, many of whom are licensed in more than 10 states - from New York to Florida to Texas.
Why file a case in one state over another?
Working backwards from the advantages of a country-wide firm to Jack’s character-building experience as a dishwasher in his father’s restaurant, Jack explains that jurisdictional decisions at Zinda Law Group depends on ‘what is best for the client.’
For example, for small cases it doesn’t make sense to uproot clients to the other side of the country to file their case. However, in other cases one state may have an advantageous rule of evidence over another.
Is it difficult for attorneys to license in several states?
“Once you get past the 5-year mark it is not too difficult to get licensed in other jurisdictions”, Jack remarks. However, it is important to know the rules of reciprocity for different states, since each is unique.
And apparently, some of the attorneys at his firm are qualified to practice in not 10 or 12, but 15 states.
A day in the life of Jack Zinda
“I consider it a victory if I spend 25 percent of my time practicing law. We have nearly 80 employees, and there is always some fire going on somewhere,” Jack admits.
The reality is, between firefighting, admin, and meetings, his caseload has gone from 15 all the way down to 3 out of necessity.
But, it is not all bad. He says over the years he has learned that ‘being intentional about making the time to practice law’ has been the most valuable life and work lesson.
Being intentional
Like he tells his employees, especially the younger attorneys who are eager to please and haven’t yet walked the walk of life, working long hours does not equate to productivity.
“I think there is a diminishing return if you are working so many hours”, he wisely explains.
Instead of sitting at his desk for 80 hours but producing 40 hours of work, he makes time for breaks, keeps Saturday as a family day and, in the end, finds it makes him a better lawyer.
And how did Jack become so skilled?
Well, he says, working in his father’s restaurant was the best lesson on ‘learning how to deal with people’. Then, straight out of law school, a very trusting family law firm gave him the reigns to assemble a personal injury department. Together the experiences gave him the business, legal and people skills needed to craft the Zinda Law Group of today.
On today’s podcast:
- An introduction to Jack Zinda and the Simon Law Group team
- Advantages of practicing law in one state over another
- Attorneys with licenses in multiple states
- Time management while practicing law
- Being intentional about making time
- The skills and experiences that made Jack the person he is today
Links:
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://youtu.be/EiEUTPbFiqA
- https://www.thesimonlawgroup.com/
- https://justiceteampodcast.com/
This week the Zinda Law Group team have put together a ‘how to guide’ on finding and choosing the right candidates for law firms. Former litigators, Allyson and Christie share their tried and tested methods on how to maximize your time when vetting candidates. Together these recruitment gurus provide not only practical tips on hiring software and where to look for candidates, but also invaluable tips for applicants themselves on how to get their resume to the top of the pile. Recruiters, if you want one piece of advice, the resounding recommendation is – 'listen to your instincts'.
The importance of recruitment
Starting with the basics, the team discusses why recruitment is important for a law firm.
Recruitment is paramount, according to Allyson, because “the people are the firm,” and making sure you are getting great people is the key to building a great firm.
Additionally, investing in a recruitment department is cost efficient in more ways than one. First and foremost, it takes a lot of work and pressure off the attorneys at the firm. Also, when it comes down to it, hiring the wrong person can be costly. Not only are there financial implications, but, as Jack Zinda points out, it is ‘really bad for morale’.
Recruiting is a full-time job
This is where recruitment specialists come in.
Finding the right candidate can be a time consuming job. The best way to maximize an attorney’s time, according to Allyson, is to let a recruitment specialist handle the initial vetting of candidates. This can take the form of a short interview to establish whether a candidate is a good culture fit for the firm. Then, a meeting with an attorney can be set to determine whether the candidate can do the work, and do the work well.
This process makes the best use of everyone’s time.
Tricks of the trade
If you want to find your perfect candidate, where should you look?
If you are looking to hire an attorney, advertising on your State Bar is a great opportunity, although it may cost more than other sites. For other legal positions, you can post directly to law schools around the country to lure in the best fresh talent. For all roles, Christie recommends utilizing the free job posts on Indeed for wider reach.
And, applicants, if you want to make the right impression, put professionalism at the top of your priority list. From your resume to your attire, appearance does matter.
Discussed in this episode:
- Why Allyson and Christie went from law to recruitment
- The good and the bad of law firm recruitment
- The cost of poor recruitment
- The benefit of a recruitment specialist
- Where to look for candidates
- Tips for applicants
Links:
- https://www.zdfirm.com/
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://whothebook.com/
- https://www.zdfirm.com/careers/
If you are a new attorney and looking for answers to the what, when, where, and why on mediations, the Zinda Law Group team is back with an insightful educational digest. Their professional wisdom fills the knowledge gap left by law school curriculums across the country coupled with valuable tips from the field. For fresh faced attorneys, this podcast will be the solid foundation they need to walk in and out of their first mediation – whether the case reaches resolution or not.
What is a mediation?
It is an “opportunity to get your case in front of a neutral party”, Personal Injury Attorney, Christina Hagen explains.
Essentially, it is an information gathering process. The ultimate aim is to reach a resolution between the parties with a guaranteed outcome. No jury, no judge, just an informal setting with a neutral pair of experienced ears to listen – and, well, mediate.
Both sides, the plaintiff and their attorney and the defendant and their attorney, will present their case to the mediator and see if a settlement can be reached – or not, as the outcome may often be.
The mediator and their powers
If it is an informal affair and the mediator is not a judge, then what powers do they have and what knowledge can they offer to help resolve my case?
Often mediators are ex-judges with a wealth of experience on the law and how juries tend to sway when presented with particular sets of evidence. However, that ‘ex’ is the operative word when it comes to their powers.
“The only real power they have is that they have to be the ones to declare it as an impasse for the day”, Neil Solomon, Senior Attorney, makes clear.
When?
As a general rule, the Zinda Law Group attorneys advise that a pre-suit mediation is ‘typically’ an unwise move since the opposition may be trying to ‘test your metal’ and see if they can get off relatively cheap.
Rather, mediation is usually most sought-after just before expert designation – in other words, before the real money comes into play.
“It’s most important to know the value of your case before you decide whether you want to mediate or not,” advises Christina.
The objective
Unlike the mediator, as an attorney, you have three objectives.
Objective number one, gather information and identify what holes the opposition has spotted in your case. Objective number two, estimate what the opposition has valued your case to be – i.e. how much are they willing to pay.
And then, only if you’ve achieved objective number one and two will you aim to resolve the case as your third and final mediation objective – otherwise, feel free to walk out if no one is meeting you halfway.
Preparing your client
Most importantly, the Zinda Law Group says preparing your client to ‘ease their nerves’ is key. Give them a run down on what a mediation is, what it isn’t, if your client will speak, and crucially, that the first offer made should be taken with a pinch of salt – however insulting it may be.
There are a lot of emotions that can come into these mediations, especially if it is a wrongful death or catastrophic injury case. “It’s important to prepare your client mentally for what the day is going to be like,” Jack advises.
On today’s podcast:
● What is a mediation?
● Who is a mediator?
● When and when not to mediate?
● What are the three objectives of a mediation as an attorney?
● Who should attend a mediation?
● How to prepare a client
● The nuts and bolts of a resolution
Links:
● https://www.zdfirm.com/
● https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
● https://www.zdfirm.com/attorney-profiles/christina-hagen/
● https://www.zdfirm.com/attorney-profiles/neil-solomon/
● https://www.zdfirm.com/nationwide-injury-lawyers/
● https://www.zdfirm.com/what-happens-once-i-file-a-personal-injury-lawsuit/
● https://www.zdfirm.com/dallas/personal-injury/what-to-expect/
As a new attorney, you will encounter a variety of difficult individuals on the opposing counsel. From aggressive psychopaths and lazy counselors to over-billers and rule-breakers, this team of Zinda Law Group attorneys has faced them all. From physical threats to elusive pains in the neck, new attorneys can find the answer on how to combat each courtroom character and set their case up for success.
Overall, the experienced team has a tried and tested rule of thumb - stay calm, document everything and set strict deadlines.
Type 1 – The Aggressive Psychopath
We have all seen the courtroom tv shows with dramatic attorneys slamming hands on tables, shouting and teeming with aggression, but what does it mean to actually have to deal with them in real life?
Partner and Attorney, Joe Caputo, shares a tale of a courtroom Rambo he encountered who threatened to ‘knock his block off’ when a line of questioning was taken unfavorably.
The resounding advice from the team is to, ‘keep your cool’.
“The best thing to do is not to sink to their level because that just escalates the situation,” Senior Attorney Neil Solomon suggests.
Most of the time, they are playing a strategic game of courtroom intimidation. In other words, they want to see new attorneys quiver. So, instead of giving them the satisfaction, get confidence from your ‘safety net’: know the rules and record every disposition.
“If you know the rules then you shouldn’t be intimidated,” encourages Chrissy Hagen.
Type 2 – The Lazy Counsel
What about those defense attorneys that simply refuse to engage?
Well, the formula to keep the train moving along the legal tracks is simple - letter, call, letter, and call again. If all of these go unanswered, set strict deadlines and keep moving forward.
And, above all, record, record, record!
Neil believes that “showing you bend over backwards to try and accommodate them, but they just refused to move,” is the best way to get a judge to recognize a lethargic defense lawyer.
Type 3 – The Over-biller
Now, the overzealous biller can be hard to spot, but thankfully, easy to deal with once you’re onto their game.
“[It is] important to document the file and just keep track of all of the ridiculous things that they are asking for, everything that has already been provided and also make a point not to fall into their trap and play their games,” Chrissy suggests.
Another ‘great tactic’ which Joe uses is finding out who pays their bill, which will usually be the defendant or the insurance adjustor, and cut the over-biller off at their funds. That ought to nip the over biller right in the bud.
Type 4 – The Rule Breaker
The rule-breaker tends to ignore court rules and civil procedure “like a bull in a china shop,” warns Jack Zinda.
How Can Plaintiff Lawyers Hurt Their Case?
According to the team, here are are some things that plaintiff lawyer’s do that can hurt their case more than help it:
- Being under-prepared and not having a concrete plan and purpose for every step of the case.
- Becoming “jaded” and not treating each case like a big case.
- Assuming that the other side is going to miss or overlook something.
- Not being empathetic to defense counsel and insurance adjusters. Building a relationship with the other side can help you get a better outcome for your clients.
On today’s podcast:
- Attorney types: the aggressive, the lazy, the greedy and the rebellious rule-breaker
- Dealing with the aggressive psychopath attorney
- Managing the lazy, lethargic character
- Spotting the greedy over-biller
- When to go to the judge
- Try being nice and social
- How plaintiff lawyers hurt their cases
Links:
- https://www.zdfirm.com/
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://www.zdfirm.com/attorney-profiles/joseph-caputo/
- https://www.zdfirm.com/attorney-profiles/christina-hagen/
- https://www.zdfirm.com/attorney-profiles/neil-solomon/
- https://www.trialguides.com/products/advanced-depositions-strategy-and-practice
Fresh out of law school, great grades, full of knowledge but little practical experience? Even with the greatest academic mind, the ease with which new attorneys learn the ropes of their law firm comes down to training.
Former lawyer Christie Feyen turned her baptism of fire as a ‘newbie’ into a career in HR to help other lawyers meet their potential through access to the developmental tools she never had. Associate Attorney, Elecia Byrd, on the other side of the coin, has been subject to the Zinda Law Group onboarding culture with such triumph that she now sits on the Training and Development Committee.
Together with their vastly different experiences, they share tips and advice on how law firms can implement training programs and the importance of continued learning, even for those who are already on top of their game.
Does training matter?
“If you just throw a lawyer into the fire without any sort of training, you're setting them up for failure in a lot of ways”, explains Christie.
While law school teaches students how to ‘think critically and write persuasively’, not all teach the day to day practical skills of being a trial attorney. On the job training provides new attorneys with the opportunity to learn how to do things the correct way from an experienced attorney, and also allows organic mentee/mentor relationships to develop.
Not only does training aid in the development of practical litigation skills, it also serves as way for an attorney to acclimate to their firm by learning the firm’s expectations for their role.
What is a training program?
Director of HR, Christie, explains the ‘robust onboarding checklist’ used by Zinda Law Group to prepare for a new attorneys arrival, including the training and development portion.
A vital piece of training and development is the Acclimation Guide. “It contains all of the training modules that the attorney is going to be completing…from the admin topics of how to use your computer here at the firm, all the way to how to write a demand, how to prepare discovery, or how to take a deposition”, Christie explains.
Associate Attorney, Elecia, trumpets how the training helped her with basic things like putting faces to names, understanding where things were around the office, as well as more advanced learning objectives like the office culture.
How to create a training guide?
The team advises to start with the basics. Try and live in the shoes of your trainees, and make a list of all the things they will be doing and everyone they will be interacting with. The message is clear, investing in your new, and experienced, attorneys means clients won’t hesitate to invest in you.
On today’s podcast:
- Introducing Director of HR, Christie Feyen and Associate Attorney, Elecia Byrd at Zinda Law Group
- Why does training matter? Why should firms focus on that?
- What does a training program contain?
- How to create an acclimation guide?
- Training for the new vs the experienced
- How to create a training program and instill culture
Links:
- https://www.zdfirm.com/
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://www.zdfirm.com/attorney-profiles/elecia-byrd/
- https://charlesduhigg.com/the-power-of-habit/
Wouldn’t it be great if someone would answer the questions you were too embarrassed to ask? Well, in this episode four experienced personal injury attorneys at Zinda Law Group detail what new attorneys can do to confidently rise to the challenge of their first deposition. From preparatory and procedural tips, to comfort blankets and secret powers against experienced attorneys, this episode is a treasure chest of tried and tested intel for any new attorney who wants the advantage from deposition number one.
Depositions – when and why?
According to Joe Caputo, Partner at Zinda Law Group, the two main reasons a deposition is typically taken is to pin the deponent on their story and evaluate what the facts are going to be at trial, and to evaluate that person as a witness, including their credibility and whether a jury is likely to believe their story at trial.
It’s important to know that you do not need to depose everyone you may call at trial, or anyone who has facts about the case. Written discovery, subpoenas, and written or video statements are other great ways to gather information without having to coordinate a deposition.
How?
Experienced Trial Attorney, Christina Hagen, says the first thing to do is to ‘reach out to the other side’, get the dates in the diary and liaise with the court reporter.
Then comes the prep. Think through the questions to be asked, the exhibits to be included, and crucially, set out the plan of attack in an attorney’s greatest sidekick, the deposition notebook.
What is a deposition notebook?
The deposition notebook is a tool to keep attorneys on track. Severe and Catastrophic Injury Attorney, Neil Solomon, explains that generally it will include information on the petition, any written discovery from the other side, an outline with key points you want to hit on, and the exhibits you plan on using.
On top of that, Joe reveals that having the deposition rules at hand was a ‘kind of a comfort blanket’ for his first four years. These are often rules you may need to rely on in regard to deposition objections, instructions not to answer, suspensions of the deposition, and how to handle bringing up exhibits that haven’t been produced in discovery prior to the deposition.
Additionally, knowing the rules can be a new attorney’s greatest defense against overconfident lawyers on the other side. Knowing the rules is a “secret power to rebut a more senior attorney trying to push you around on a case”, Attorney and Presenter, Jack Zinda advises from experience.
Witnesses
In earnest, the Zinda Law Group team say ‘it depends’, as the answer to how long it takes to prepare for a deposition. Most importantly, “The time to start preparing for the deposition is not when you set the deposition,” Joe advises. In many instances, especially in more complicated cases, you should be preparing for the deposition when you send discovery.
According to Jack, Depositions can be categorized into four main types:
- Fact witnesses
- Party depositions
- Corporate representatives
- Expert witness
In particular, they agree expert witnesses require the most time. Attorneys should undertake an investigative ‘deep dive’ to find out as much intel as possible and become a ‘mini expert’ on the opinions of the witness, they advise.
Priceless tactics
Last, but certainly not least, the attorneys share invaluable tips on how to rock preliminary depositions like a seasoned expert.
Firstly, don’t be afraid to video record the deposition yourself, even if you don’t plan on using it at trial. Secondly, make yourself a voice memo within twelve hours of the deposition of your thoughts, including how the deposition went, what discovery you still need to get out and obtain, and next steps to get the case from A to Z.
And thirdly, from the wise Jack Zinda himself, “don’t rush, and don’t write out all your questions, but instead master the questioning technique. Trust yourself and follow where the answers lead you”.
On today’s podcast:
- When do you decide to take a deposition?
- The step by step process to organize a deposition
- Deposition notebooks
- Knowing the rules is the secret weapon
- How to prepare for an expert witness
- Tactics – use a video, voice memos and preparing your outline
Links:
- https://www.zdfirm.com/
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://www.zdfirm.com/attorney-profiles/joseph-caputo/
- https://www.zdfirm.com/attorney-profiles/neil-solomon/
- https://www.zdfirm.com/attorney-profiles/christina-hagen/
- https://www.trialguides.com/products/advanced-depositions-strategy-and-practice
With a team of four seasoned personal injury attorneys at Zinda Law Group, this first episode provides real insight into how each one of these legal minds lost their training wheels to become confident, successful and effective lawyers. New attorneys can listen to this plethora of legal wisdom and breathe a sigh of relief in hearing that a legal passion plus a thirst for fresh legal knowledge is a recipe for professional success.
Diminishing nerves
When asked at one point did they feel comfortable as a litigator, the attorneys had the following to say.
Senior Attorney, Neil Solomon, who handles severe and catastrophic injury cases at the firm, says when he started fresh out of law school he had no idea what was up from what was down. But, after 5 years of experiencing and learning, he found his legal ‘groove’.
On the other hand, Christina Hagen, an attorney with a focus on wrongful death cases, found that for her it was less about the years of practice but more about the ‘types of experiences’ she was exposed to that helped diminish her stress as a novice.
When asked if the nerves ever really disappear, Partner and Attorney, Joe Caputo advises that “the minute we stop feeling the nerves and the pressure, we’ve got to get into a different business.” It’s important to recognize that there is a lot on the line, and to constantly be pushing yourself out of your comfort zone.
Legal passions and skills
Looking back on their time as newly licensed litigators, each attorney gives a piece of advice to their former selves.
“Don’t be hard on yourself, and understand you don’t have to know everything right away,” Chrissy shares.
Neil, who practiced law for years with respected defense firms in Texas before becoming a plaintiff’s attorney, suggests “trying to figure out what you’re passionate about, and what you want to do in your legal career.”
They discuss the faux pas that many young lawyers make in chasing money rather than their legal passion. They advise that it is the wrong way around and leads lawyers to be married to an area of law that in the end may not be satisfactory.
“Figure out what you love, and the money will follow”, Jack wisely advises.
Be yourself
In a similar vein, Joe Caputo, who was trained to be a ‘balls to walls’, aggressive type of lawyer, says he would have told himself to find his own style.
“Be yourself. Find out what your style is and mold what you are learning to your style,” Joe shares from personal experience.
Altogether, the key message for new attorneys is to find a passion, stay updated on the law and ‘sharpen your tools’ by taking advantage of all opportunities available from conferences to mentorships.
Learn from your mistakes
A common mistake that new attorneys often make is being over-aggressive or over the top. “Our practice is still based in relationships”, advises Neil, “whether it be opposing counsel, the judge and their staff, or the adjustor, building those relationships can generally work out in your favor and your client’s favor rather than being aggressive.”
As a new litigator, if you’re ever worried about making a big mistake, the best advice Joe has is to “learn the rules and learn the laws because that is your safety net.”
Work hard, play hard
Finally, with some important words of caution, the team address how the high levels of stress inherent to the legal profession can be a killer, cause addiction and overwhelm lives.
However, to combat this, they advise that being organized is one of the key tools for lawyers to stay on top and in control of the many competing demands.
And, lastly, the resounding message to new attorneys from the Zinda Law Group team, is to get the work-life balance right. This is a profession that demands hard work, but survival for attorneys requires them to work hard but play harder.
On today’s podcast:
- Introduction to Zinda Law Group Attorneys, Joseph Caputo, Christina Hagen and Neil Solomon
- Do nerves ever end as a new attorney?
- Advice for their younger selves as new lawyers
- Worst mistakes new attorneys make
- Law firm’s responsibility to help new attorneys’ get better vs new attorneys’ responsibility to get better
- How to manage stress in a stressful profession
Links:
- https://www.zdfirm.com/
- https://www.zdfirm.com/attorney-profiles/john-jack-zinda/
- https://www.zdfirm.com/attorney-profiles/joseph-caputo/
- https://www.zdfirm.com/attorney-profiles/neil-solomon/
- https://www.zdfirm.com/attorney-profiles/christina-hagen/
- https://friedmanrubin.com/rules-of-the-road/book4-theelementsoftrial/
- https://www.zdfirm.com/the-effective-lawyer/
Introducing The Effective Lawyer, launching June 2020.
For more information, visit https://www.zdfirm.com/the-effective-lawyer