Lincoln Derr: Recent Episodes

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Are you curious about the secrets to building a powerful professional reputation? Do you ever wonder how top attorneys can turn challenging facts into strengths and master the courtroom?

In this podcast episode, our very own Sara Lincoln shares her expertise on building credibility, the art of witness coaching, and mastering cross-examination!

Whether you’re in the legal field, or just looking to sharpen your communication skills, this is an episode you don’t want to miss!

Listen to the episode now on your favorite platform:

https://podcasts.apple.com/us/podcast/the-first-liar-loses-sara-lincoln/id1692229337?i=1000671525522

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The post Podcast Episode: The First Liar Loses appeared first on Lincoln Derr.

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A good lawyer is able to discern between good and bad facts. A great lawyer is able to turn a bad fact into a good fact — or at least neutralize the bad fact. On this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of Lincoln Derr, share their experiences dealing with bad facts and their strategies to diffuse them. From documentation errors to medical mishaps, they walk through their process to transform bad facts into good ones.

Episode SummaryA Matter of PerceptionEvery case has good and bad facts, but it’s important to embrace and manage the bad facts in order to win. In some cases, bad facts come in the form of perception. Take this radiology case, for example: in the radiology literature, there are often comments about the error of perception. However, misperception is different than a misinterpretation. Misperception isn’t negligent — it’s simply an error that comes with being human. That’s just one way to take this “bad fact” and shine it in a more positive light.

Connect with Trying 2 Win Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at Trying2Win@lincolnderr.com.

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With experience on the defense side, the attorneys at Lincoln Derr understand that medical malpractice cases can be emotionally and professionally devastating for the defendant. But what exactly goes into a medical malpractice case? On this episode of Trying 2 […]

The post The Anatomy of Medical Malpractice Cases appeared first on Lincoln Derr.

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Show Notes   Whether you’re in the courtroom, on the scene of an investigation, or hiring in the business world, there’s one thing you want to uncover in your interviews: the truth. But how do you go about obtaining the […]

The post The Disciplined Listening Method with Michael Reddington Episode 16 appeared first on Lincoln Derr.

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Like so many things in life, the term “zealous advocacy” was born with the best intentions. By definition, it is an attorney’s ethical obligation to do everything reasonable, within his or her means, to help a client achieve the goals […]

The post Zealous Advocacy: Where is the line? The “Brief Series” appeared first on Lincoln Derr.

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In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of the law firm Lincoln Derr, discuss the forensics of civil cases — specifically the “DNA” left behind by smartphones, apps, photographs, and more — and how […]

The post Civil DNA: Your Fingerprints Are Everywhere appeared first on Lincoln Derr.

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Lincoln Derr attorney Jeremy Sugg joined us in the studio to pose an interesting question: Is there a difference between trial lawyers and litigators? The answer: It’s complicated. “The first time I ever heard the two phrases used, to the […]

The post Litigators vs. Trial Lawyers: Is there a Difference? Episode 15 appeared first on Lincoln Derr.

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What does it take to be a trial lawyer? And how can young lawyers know if it’s the right choice for them? On this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of the civil litigation firm […]

The post So You Want To Be A Trial Lawyer Episode 14 appeared first on Lincoln Derr.

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Medical Board Complaints - A Guide for Healthcare Providers

These days, filing complaints against medical professionals to the North Carolina Medical Board is about as easy as leaving a Google review. The result: significantly more complaints. In 2022 alone, our office has received an average of one request every day to help medical professionals navigate these complaints. So, what should healthcare providers do if they fall on the receiving end of one?

The post Medical Board Complaints – A Guide for Healthcare Providers Episode 13 appeared first on Lincoln Derr.

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Medical Board Complaints – A Guide for Healthcare Providers These days, filing complaints against medical professionals to the North Carolina Medical Board is about as easy as leaving a Google review. The result: significantly more complaints. In 2022 alone, our office has received an average of one request every day to help medical professionals navigate these complaints. So, what should healthcare providers do if they fall on the receiving end of one? In this episode, Lincoln Derr attorney Scott Addison explains the complaint process in detail and outlines the critical steps you need to take in response. The big takeaway: Never ignore a complaint, even those that may seem benign or baseless. “Most physicians will have some malpractice coverage, and your policy will likely give you access to attorneys who can help you navigate the med board system,” Scott explains. “You’re already paying for that service. Take advantage of it.”

SHOW NOTES About Scott Addison

Scott has a track record of success representing national corporations, large regional hospital systems, physician practices, banks, and entrepreneurs as both plaintiffs and defendants. He practices at both the trial and appellate levels and has a growing mediation practice.

Scott is licensed to practice law in North and South Carolina, and he is a North Carolina Certified Superior Court Mediator. He received his undergraduate degree from Davidson College in 1998, where he was a member of the National Biological Honor Society and served as a Love of Learning Mentor to at-risk inner-city high school students. After graduating from Davidson, Scott worked in quality control for Presbyterian Hospital in Charlotte, as an Information Technology Planner for the Office of the State CIO for the State of South Carolina, and as a Server Administrator for a General Electric gas turbine plant. In 2006, Scott obtained his law degree, cum laude, from the University of South Carolina, where he was a member of the South Carolina Law Review.

About the North Carolina Medical Board

Board composition: The board consists of 13 members – 11 appointed by the governor and two appointed by the general assembly upon the recommendations of the speaker and president pro tempore. Eight of the 13 are licensed physicians, one is a licensed physician assistant (PA), one is an approved nurse practitioner (NP), and three are members of the public with no financial or professional interest in a health service or profession. All board members serve three-year terms. State law limits members to serving two full, consecutive terms on the board.

Meeting schedule: The board meets bi-monthly and holds disciplinary hearings in non-meeting months, as needed. Meetings typically last 2.5 days and include committee meetings and interviews, as well as disciplinary and licensing activities. Though some board business, such as meetings to discuss investigative or complaint information, is confidential under law, board meetings are otherwise open to the public and media. Meeting schedules, agendas, and minutes are available from the board’s office or website.

Organizational structure: The board is supported by a full-time professional staff based in Raleigh. The board is a public organization that regulates medical professionals for the state. It operates outside of the state budget process, with 100% of its operating budget provided by license application and renewal fees.

More information on navigating board complaints

This article from Medical Economics offers a national look at how the complaint process, as well as tips for managing through it.

Now, what’s your verdict? Leave us your thoughts and let us know what you think — we want to hear your stories.

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at Trying2Win@lincolnderr.com.

We’ll be releasing more episodes soon, so be sure to subscribe for more!

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Be Excellent with NAMWOLF CEO Leslie Davis In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr talk with Leslie Davis, CEO of the National Association of Minority and Women Owned Law Firms (NAMWOLF).

Davis cut her teeth providing legal analysis for Court TV during the O.J. Simpson murder trial. It was the beginning of an impressive career as a trial attorney — one that afforded her insight into the prejudices that persist in the law and advice for others on how to handle them. Her most important counsel on the subject? Be excellent.

“There is no substitution for excellence. When you are excellent, it speaks for itself in a lot of ways,” Davis said. “You can’t let [others] rule the day by getting angry, by saying or doing things that are really not who you are, or letting them dim your light or steal your joy.”

Show Notes Leslie DavisAside from being the new CEO of NAMWOLF, Davis has over two decades of experience as an attorney representing clients in jury trials, bench trials and arbitrations. She also works as a business strategist and has a background in journalism.

Davis earned her J.D. and M.A. from the University of Iowa College of Law and a B.A. in journalism and mass communication from The University of Iowa.

Now, what’s your verdict? Leave us your thoughts and let us know what you think — we want to hear your stories.

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at Trying2Win@LincolnDerr.com.

We’ll be releasing more episodes soon, so be sure to subscribe for more!

www.lincolnderr.com

704-496-4500

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer. See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com.

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In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr talk with recently retired Superior Court Judge Jesse Caldwell III about life on and off the bench.

Judge Caldwell, who has nearly 50 years of courtroom experience, visited us for a follow-up interview to Unfurling the 'scarlet thread of justice' with Judge Jesse Caldwell III. He opens up about moments of levity, strange occurrences, and surprises throughout his career. His recollections include cell phones going off, ceiling tiles falling on Girl Scouts, bailiffs kissing lawyers, and everything in between. “Almost 50 years worth of stories and a lot of good justice that was done,” he says.

The post Judge Jesse Caldwell III: The Man Behind the Robe Episode 11 appeared first on Lincoln Derr.

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In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr talk with recently retired Superior Court Judge Jesse Caldwell III, who has nearly 50 years of courtroom experience that culminated in a 28-year stint as a Superior Court judge in Gaston County, making him the longest-serving Superior Court Judge in the division.

Dubbed “the renaissance man” by Tricia, Judge Caldwell has many interests that he feels have helped him both on the bench and as a lawyer. He’s an actor, writer, foodie, and preacher who said his biggest interest is the people in his community...

The post Unfurling the ‘scarlet thread of fairness’ with Judge Jesse Caldwell III Episode 10 appeared first on Lincoln Derr.

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First Liar Always Loses Honesty is the best policy, and when you’re before a judge, it’s your safest bet. In this “Brief Series” episode (only 10 minutes) , Tricia and Sara discuss why lying in the courtroom is a bad […]

The post First Liar Always Loses: The “Brief Series” appeared first on Lincoln Derr.

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Pressing Pause on Your Legal Career In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr talk with Heather Fuller, a Lincoln Derr attorney and published author. Heather’s professional journey includes passing the bar twice and 10 years […]

The post Pressing Pause on Your Legal Career with Heather Fuller : Episode 9 appeared first on Lincoln Derr.

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Mamaw and the Three-Legged Dog In this insightful bonus episode, Sara and Tricia explore how searching for a scapegoat can backfire. Tricia opens with a funny story from her childhood about her grandmother (Mamaw), her three-legged dog and an invisible […]

The post The “Brief” Series: Mamaw and the Three-Legged Dog appeared first on Lincoln Derr.

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In this episode of Trying 2 Win Sara Lincoln and Tricia Derr talk with Sally Higgins, a lawyer turned artist turned painter, who created the podcast’s cover art background, “Brave Enough.”

“Creative” is not a word often associated with lawyers or the legal system. In society, many view lawyers (and those in other legal positions) as people driven by logic, precision and persuasion. While they are not wrong, there is much more to it. In addition to delivering perfectly worded closing arguments to the courtroom, successful lawyers possess creative skills that are crucial to the job.

The post The Intersection of Art and Law with Sally Higgins – Episode 8 appeared first on Lincoln Derr.

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In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, sit down with attorneys Heather Fuller and Phoebe Coddington to discuss the do’s and don’ts of the virtual courtroom.

The post Trials and Tribulations of Virtual Litigation- Episode 7 appeared first on Lincoln Derr.

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Personality Assessment Tests for the Legal Profession: There are NO “bad” answers! Caryn Lee, Founder of Narrative

In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr sit down with Caryn Lee, founder of Narrative. Caryn is a business strategist and growth leader with more than 25 years of consulting and organizational leadership expertise. She started Narrative 18 years ago to help clients understand how leaders and employees approach work and what motivates them. The goal is to improve top and bottom-line business performance by focusing on organization transformation through people and culture. At Lincoln Derr, we’ve been using Caryn for years to conduct personality assessments for our team members and as we consider potential hires. “It’s almost like therapy,” Tricia explains.

In our conversation this week, we talk with Caryn about how there are no “bad” personality traits — “There’s no judgment in Narrative,” Caryn says — the nature of conflict and how understanding different strengths can help you do better work as a team. “It takes effort to do this, but it can be really, really worth it,” she says.

Show Notes About Caryn Lee Caryn Lee, founder of Narrative, has managed multimillion dollar budgets and led teams of hundreds of employees responsible for delivering global programs. During her 15 years as an associate partner at Accenture, Caryn spearheaded major strategic initiatives, re-engineering processes and programs and technology implementations within complex, highly-matrixed organizations.

It was during her time at Accenture that she experienced, firsthand, the power that personality assessments can have on business transformation through a series of team-building workshops and exercises during a large bank merger. Armed with new insights and information, she and her colleagues learned to communicate more effectively and, together, ultimately accelerated and advanced the efficiency, productivity and business impact of the team. With front-row insights into the power of personality assessments to drive transformation, Caryn was hooked.

Learn more about Caryn and Narrative here.

For more about the Big Five personality traits, team optimization strategies and other insights, access Narrative’s library of resources here.

Email us Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at Trying2Win@LincolnDerr.com.

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more.

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Behind the Bench Our Music: “Diamonds on the Inside”

Composer/performer: Katy Cox

Love our theme song? We do, too. Here’s a little more about the Charlotte-based woman behind the music.

Former attorney and singer-songwriter Katy Cox transports her listeners with radiant vocals and thoughtful lyrics. Her songs draw you in and take you on an emotional journey that explores both the heartache and the joy of living. Influenced by artists such as Lori McKenna, Shawn Colvin and Patty Griffin, Katy delivers engaging modern folk melodies, with a healthy dose of country and acoustic rock. Hear more of her music at her website: www.katycoxmusic.com.

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer. See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com.

Sara Lincoln and Tricia Derr are the co-founders of Lincoln Derr and serve at the helm of the firm leading all practice groups through active counsel, litigation, and advising. They are seasoned litigators specializing in innovative multi-media communication, practical business-minded advice, and speaking to audiences in a “real”, non-technical way.

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Sara & Tricia get Personal about Self-Care In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, founders of the Charlotte-based minority and women-owned law firm, Lincoln Derr, talk self-care, in honor of Well-Being Week in Law.

Post-pandemic, self-care has become a particularly hot topic, and in this episode, Sara and Tricia talk specifically about how they’ve managed their own well-being this past year and the well-being of their team. Fortunately, the firm was well-positioned for a digital transition, but there were still stresses that came with the shift. COVID-19 brought an end to in-office yoga — one of the stress management perks to working for Lincoln Derr — and, really, in-office anything. So the team had to shift to regular Zoom check-ins and lunches (an idea championed by the firm’s director of marketing, Dori Cazorla). Sara and Tricia had to adopt new strategies for managing stress in the office and at home. Tricia established a workout routine, while Sara started therapy sessions and signed up for monthly massages.

In the end, self-care isn’t about the pursuit of perfection. As Sara says, “‘Balance’ is a state of mind and not a state of being.” But it is vital for legal professionals. “If you’re not well, you can’t represent your clients well. If you can’t represent your clients well, you’re not going to get very much business.”

The takeaway: “Take care of yourself and your people and everything will be alright,” Tricia says.

Show Notes Well-Being Week in Law

To align with Mental Health Awareness Month in May, Well-Being Week in Law occurs annually the first full week of May. Presented by the Institute for Well-Being in Law, the week is intended for those in the legal profession to participate in activities to promote physical, mental and emotional well-being, whether they’re individuals, law firms, corporate legal departments, government entities, bar associations, or other organizations or consultants involved in the legal profession.

The Institute for Well-Being in Law website is full of resources to help kickstart or propel your wellness journey forward. Check them out here.

Narrative

In this episode, Sara and Tricia mention working with Caryn Lee from a company called Narrative, which provides real-world solutions that deliver measurable impact on employee satisfaction and retention, cultural transformation and top and bottom line business profitability. Lincoln Derr has worked with Caryn and Narrative to conduct personality assessments on new and future team members. We’ll be digging more into Caryn’s work in a future episode, but until then, feel free to explore more of what her organization does here.

Follow Sara on the Peloton app

In this episode, Sara discusses the benefits of exercise and her obsession with her Peloton. Her username, should any of our listeners want to follow her, is “MyMeditation.” The reasoning behind the name? Sara has taken steps to replicate a cycling studio experience at home, with (extremely) loud music and a pitch-black room. That, and the intensity of the exercise itself, allows her to shut off her brain, if only for 30 minutes. It is indeed her meditation.

Email us

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at Trying2Win@LincolnDerr.com.

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Share your verdict on our Trying 2 Win Facebook page.

www.lincolnderr.com

704-496-4500

Behind the Bench Our Music: “Diamonds on the Inside”

Composer/performer: Katy Cox

Love our theme song? We do, too. Here’s a little more about the Charlotte-based woman behind the music.

Former attorney and singer-songwriter Katy Cox transports her listeners with radiant vocals and thoughtful lyrics. Her songs draw you in and take you on an emotional journey that explores both the heartache and the joy of living. Influenced by artists such as Lori McKenna, Shawn Colvin and Patty Griffin, Katy delivers engaging modern folk melodies, with a healthy dose of country and acoustic rock. Hear more of her music at her website: www.katycoxmusic.com.

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer. See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com.

Sara Lincoln and Tricia Derr are the co-founders of Lincoln Derr and serve at the helm of the firm leading all practice groups through active counsel, litigation, and advising. They are seasoned litigators specializing in innovative multi-media communication, practical business-minded advice, and speaking to audiences in a “real”, non-technical way.

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Heidi Alexander: Leading the Charge in Well-Being in Law  

Heidi Alexander is Massachusetts’ first Director of the Supreme Judicial Court Standing Committee on Lawyer Well-Being. Before assuming that role, Heidi served as the Deputy Director of Massachusetts Lawyers Concerned for Lawyers and led its Law Office Management Assistance Program, practiced law at a small firm in Boston, and clerked for a Justice on the New Jersey Supreme Court.

She is the author of Evernote as a Law Practice Tool, past co-chair of ABA TECHSHOW and founder of the ABA’s Women of Legal Technology initiative. Heidi is a native of Minnesota, a former collegiate goaltender for Amherst College Women’s Ice Hockey Team, and a graduate of Rutgers School of Law, where she was the Editor-in-Chief of the Rutgers Law Review.  Heidi attends to her own well-being by coaching CrossFit and girls’ youth hockey, competing in powerlifting, and most importantly spending time with her three young kids. She can be reached via email at heidi@lawyerwellbeingma.org, Twitter @heidialexander, or LinkedIn www.linkedin.com/in/heidisarahalexander

Show Notes In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, founders of the Charlotte-based minority and women-owned law firm, Lincoln Derr, talk with Heidi Alexander, Massachusetts’ first director of the Supreme Judicial Court Standing Committee on Lawyer Well-Being, in honor of Well-Being Week in Law.

In the 1970s, a group of Massachusetts attorneys started a community of pure support, where they could talk about issues related to substance abuse without fear of running into a client. The creation of this community was the beginning of the lawyer assistance movement in Massachusetts, that has now grown to be the Standing Committee on Lawyer Well-Being for the state.

As the first full-time hire of this 17-member committee, Heidi Alexander is leading the charge on systematic change across the industry. Stress points for lawyers can range widely, but Alexander focuses on organizational culture and financial stresses.

Her plan for change focuses on creating awareness and more consistent, direct communication across the board. Legal employers, bar associations, law schools, chief justices, individual courts and other related organizations must work to welcome diversity, redefine success and minimize the stigma associated with seeking help.

In this episode, we talk with Heidi about the impact of the COVID-19 pandemic, what a return to normal can and perhaps should look like, the steps that are currently being taken to improve well-being across the profession and more. Her recommendation for individual well-being is to remember that well-being is multi-dimensional, made up of occupational, intellectual, physical, emotional, spiritual and social buckets (as defined by the National Task Force of Lawyer Well-Being). While it’s impossible to keep all of these buckets 100% full, Alexander’s big three to stay well are to prioritize sleep (even when it seems impossible), practice mindfulness (simply meaning be present in the moment) and keep up with a social network to confide in. Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Contact us at Trying2Win@lincolnderr.com Share your verdict on our Trying 2 Win Facebook page. www.lincolnderr.com 704-496-4500 Behind the Bench Our Music: “Diamonds on the Inside”

Composer/performer: Katy Cox

Love our theme song? We do, too. Here’s a little more about the Charlotte-based woman behind the music.

Former attorney and singer-songwriter Katy Cox transports her listeners with radiant vocals and thoughtful lyrics. Her songs draw you in and take you on an emotional journey that explores both the heartache and the joy of living. Influenced by artists such as Lori McKenna,

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Gender Inequity in the Courtroom In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, founders of the Charlotte-based minority and women-owned law firm, Lincoln Derr, share their decades-long experiences of gender inequity in the courtroom, which include stories of confrontation and conflict, as well as champions and allies. Sara and Tricia discuss their most raw, eye-opening accounts during depositions and trials. Specifically, in this episode, they expose the harsh realities of how women lawyers are treated by opposing counsel and even judges — and how not much has changed over the course of just a few decades. Both women have turned that challenge into opportunity: “In our space we’re unique… wear it as a badge of honor.” At the same time, they encourage other women to speak out and tell their stories of discrimination in the courtroom. “The more women are willing to share these stories, that will give more power [to women] to move forward in their career… strength in numbers!” Tricia said. Show Notes Men in the Mix In one of the recollections discussed in this episode, Tricia talks about unsolicited advances and bullying in the profession — including one specific account in which an important client initiated an uncomfortable encounter, and her boss (a man) had her back. A powerful initiative by the American Bar Association offers insight into the ways men can help advance women and address the disparities they face in the legal profession. Men in the Mix is a toolkit of content including discussions, reports and statistics that promote gender equity and allyship. “The primary purpose of Men in the Mix is a) to better understand why some men hesitate to join or support “women’s groups” and b) to give women additional tools and best practices for encouraging men to join the conversation on advancing women in the legal professions,” according to the ABA. Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Contact us at Trying2Win@lincolnderr.com Share your verdict on our Trying 2 Win Facebook page. www.lincolnderr.com 704-496-4500

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Behind the Bench Our Music: “Diamonds on the Inside”

Composer/performer: Katy Cox

Love our theme song? We do, too. Here’s a little more about the Charlotte-based woman behind the music.

Former attorney and singer-songwriter Katy Cox transports her listeners with radiant vocals and thoughtful lyrics. Her songs draw you in and take you on an emotional journey that explores both the heartache and the joy of living. Influenced by artists such as Lori McKenna, Shawn Colvin and Patty Griffin, Katy delivers engaging modern folk melodies, with a healthy dose of country and acoustic rock. Hear more of her music at her website: www.katycoxmusic.com.

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer.  See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com. 

Sara Lincoln and Tricia Derr are the co-founders of Lincoln Derr and serve at the helm of the firm leading all practice groups through active counsel, litigation, and advising. They are seasoned litigators specializing in innovative multi-media communication, practical business-minded advice, and speaking to audiences in a “real”, non-technical way.

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Creativity in the Courtroom Show Notes: Welcome to "The Brief," inspiring short bonus episodes of Trying 2 Win. In Episode 1 of "The Brief,"  Lincoln Derr founders and podcast hosts Sara Lincoln and Tricia Derr share their greatest moments of creativity in the courtroom.

For Tricia, one example came in the form of her attire. Pouring over paperwork and interpreting a contract In a commercial real estate case that was seemingly boring and “not very sexy” left Tricia stumped with her approach. Then, when the time came for closing arguments, she built hers around the theme of, “what’s black and white is always right.” She never mentioned it, but it was no coincidence that, on that day, she came to court wearing a black and white dress.

Sara, on the other hand, pays tribute to the use of Powerpoint presentations and visual cues to spark the creativity necessary to win a medical malpractice case with conflicting and confusing components. To convey that complexity to the jury, she incorporated the image of a spider web in the background of her Powerpoint presentation. It was subtle, and the subliminal suggestion left the opposing lawyer frantic.

Our closing argument? Moments of creativity can have profound impact in the courtroom. The best lawyers will leverage them every chance they get. Now, what's your verdict? Leave us your thoughts and let us know what you think — do you find creativity to be an important factor in winning? For the listeners and lawyers out there, we want to hear your most creative approaches in winning a case in the courtroom.

We’ll be releasing more episodes soon, so be sure to subscribe for more!

Contact us at: Trying2Win@lincolnderr.com Share your verdict on our Trying 2 Win Facebook page. www.lincolnderr.com 704-496-4500

Watch This Episode Behind the Bench Our Music: “Diamonds on the Inside”

Composer/performer: Katy Cox

Love our theme song? We do, too. Here’s a little more about the Charlotte-based woman behind the music.

Former attorney and singer-songwriter Katy Cox transports her listeners with radiant vocals and thoughtful lyrics. Her songs draw you in and take you on an emotional journey that explores both the heartache and the joy of living. Influenced by artists such as Lori McKenna, Shawn Colvin and Patty Griffin, Katy delivers engaging modern folk melodies, with a healthy dose of country and acoustic rock. Hear more of her music at her website: www.katycoxmusic.com.

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer.  See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com. 

Sara Lincoln and Tricia Derr are the co-founders of Lincoln Derr and serve at the helm of the firm leading all practice groups through active counsel, litigation, and advising. They are seasoned litigators specializing in innovative multi-media communication, practical business-minded advice, and speaking to audiences in a “real”, non-technical way.

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How to Win a Street Fight: Our Toughest Jury Trials In this episode of Trying 2 Win, hosts Sara Lincoln and Tricia Derr, founders of the women-led law firm, Lincoln Derr, break down their toughest cases.

Both Sara and Tricia were trained as “street fighters” who “learned the hard way” how to try a case and win. They come to every case prepared. And still, there have been those cases that have challenged them, forcing them to think critically and creatively when the stakes are high.

For Sara, it was a medical malpractice case that pitted her against an intimidating expert witness (she won, by the way, after poring over thousands of pages of documents to find one critical, overlooked detail). Tricia’s case put her up against an attorney who was willing to push the envelope ethically and factually before members of the jury. In both experiences (and many others), Tricia and Sara argue credibility was a key factor in fighting and winning, and both women recount emotional situations as opportunities to “make us better [lawyers].” The main takeaways? You can’t avoid the tough cases, nor should you. Every challenge is an opportunity to learn valuable lessons about how to fight and win, no matter what you’re up against. Show Notes Conflict of interest In this blog post, Sara recounts her endoscopy case in greater detail. At issue was the tool used in a biopsy of the sphenoid sinus: The patient claimed an endoscope should have been used in the procedure, while the doctor had opted for surgical loupes. To make the case that the endoscope was the better option, opposing counsel brought in an expert from Chicago who had written extensively on the benefits of doing sinus surgery using endoscopes. “He was a hard witness. He was mean and cranky, and when I took his deposition, I thought: How am I going to get this guy?” Sara recalled. Read more about how she did. The emotional intelligence secret weapon To win a tough case, you’ve got to make a compelling argument to your jury. Sara and Tricia talk through several strategies they’ve implemented over the years, but it all comes down to emotional intelligence. According to this article from the American Bar Association, lawyers typically score high in intelligence but below average in emotional intelligence, which has four components: emotional perception, emotional empathy, emotional understanding and emotional regulation. “The emotionally intelligent have an accurate awareness of emotions in themselves and others, can tap into how those emotions feel and are able to understand and manage emotions so as to produce the desired results.” Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Contact us at Trying2Win@lincolnderr.com Share your verdict on our Trying 2 Win Facebook page. www.lincolnderr.com 704-496-4500

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Behind the Bench Our Music: “Diamonds on the Inside”

Composer/performer: Katy Cox

Love our theme song? We do, too. Here’s a little more about the Charlotte-based woman behind the music.

Former attorney and singer-songwriter Katy Cox transports her listeners with radiant vocals and thoughtful lyrics. Her songs draw you in and take you on an emotional journey that explores both the heartache and the joy of living. Influenced by artists such as Lori McKenna, Shawn Colvin and Patty Griffin, Katy delivers engaging modern folk melodies, with a healthy dose of country and acoustic rock. Hear more of her music at her website: www.katycoxmusic.com.

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial l...

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Our First Jury Trials: Scared to Death In the debut episode of Trying 2 Win, a podcast about real-life legal battles in and outside the courtroom, we introduce you to Sara Lincoln and Tricia Derr, founders of Lincoln Derr, a minority and women-owned law firm based in Charlotte, N.C. Over the course of their careers, both women have distinguished themselves as powerhouse litigators, with decades of experience fighting on behalf of their clients in court. In this episode, though, we go back in time to when they were both new lawyers trying their very first cases. It wasn’t always pretty, but the hits and misses of those early courtroom experiences taught them a lot about what it takes to win. Their advice for all the law students and young lawyers out there? “Get your rear end into the courtroom and do it soon because there’s no better way to learn than through experience.” Show Notes Study examines decline in civil and criminal jury trials and how to bring them back In the podcast, Sara and Tricia discuss the exponential decline in jury trials. This article digs into a recent study examining why jury trials are disappearing — and makes a case for why we should bring them back. “The right to a jury trial in criminal and civil cases is guaranteed by the U.S. Constitution, but jury trials have been vanishing for decades,” ABA President Patricia Lee Refo said in a Dec. 18 news release. “This new study again confirms what other ABA studies have long shown—that our laws and customs need a fresh look to ensure that jury trials, a cornerstone of the American justice system, do not disappear altogether.” Get in the courtroom — even when you can’t get in the courtroom The COVID-19 pandemic has restricted in-person court proceedings, and courtrooms across the country have responded by making trials accessible online.

Argument Audio

The U.S. Supreme Court makes the audio recordings of all oral arguments heard by the Court available to the public at the end of each argument week. Online, those recordings go all the way back to 2010. View the full archive here. 

Now, what's your verdict? So, what’s your verdict on our first episode? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Contact us at Trying2Win@lincolnderr.com www.lincolnderr.com Share your verdict on our Trying 2 Win Facebook page. 704-496-4500

Watch Trying 2 Win Behind the Bench Our Music: “Diamonds on the Inside” Composer/performer: Katy Cox

Love our theme song? We do, too. Here’s a little more about the Charlotte-based woman behind the music.

Former attorney and singer-songwriter Katy Cox transports her listeners with radiant vocals and thoughtful lyrics. Her songs draw you in and take you on an emotional journey that explores both the heartache and the joy of living. Influenced by artists such as Lori McKenna, Shawn Colvin and Patty Griffin, Katy delivers engaging modern folk melodies, with a healthy dose of country and acoustic rock. Hear more of her music at her website: www.katycoxmusic.com.

Our Cover Art Background: “Brave Enough” Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer.  See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com. 

Sara Lincoln and Tricia Derr are the co-founders of Lincoln Derr and serve at the helm of the firm leading all practice groups through active counsel, litigation, and advising. They are seasoned litigators specializing in innovative multi-media communication, practical business-minded advice, and speaking to audiences in a “real”, non-technical way.  

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Rarely do you find a legal podcast as raw, candid and powerful as Trying 2 Win, a show about real-life legal battles inside and outside the courtroom. Sara Lincoln and Tricia Derr, co-founders of Lincoln Derr, have practiced law for more than 25 years. In building an enviable track record of success, they’ve also collected incredible stories. In Trying 2 Win, they share those stories, covering everything from early successes and failures to diversity in the courtroom to challenging witness interrogations and more. They also host special guests who share their unique experiences, whether that’s building a case behind the scenes or fighting it out in court. Whether you’re new to your law career or a seasoned veteran, this is the legal podcast you’ve been waiting for. It’s everything you wish they taught you in law school and so much more.