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212- The Power of Presentation: Trial Lessons From Robert Clifford — Transcript

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  1. 0:00Today on Trial Lawyer Nation, I am so
  2. 0:02excited because we have a legend. We
  3. 0:04have someone I've wanted to have on the
  4. 0:06podcast since 2018 when we started. And
  5. 0:09uh ironically, he reached out to us and
  6. 0:12I'm so happy to have Bob Clifford. He is
  7. 0:14an incredible lawyer out of Chicago.
  8. 0:16Bob, thank you for joining us today.
  9. 0:19>> Michael, pleasure to be with you, man.
  10. 0:20Nice to meet you.
  11. 0:22>> For the few people that haven't heard of
  12. 0:23you, tell us a little bit about
  13. 0:24yourself. Well, uh, Clifford Law is a
  14. 0:28Chicago based plaintiff's personal
  15. 0:29injury firm. Uh, we, uh, do a lot of,
  16. 0:34uh, different kind of injury litigation
  17. 0:37that ranges the entire, you know,
  18. 0:39spectrum of, uh, whether it's an
  19. 0:41automobile case all the way to the most
  20. 0:43complicated of a aviation disasters. Uh,
  21. 0:47I have represented families in every
  22. 0:50domestic commercial aviation crash since
  23. 0:531979.
  24. 0:55uh DC10 that was on takeoff here in
  25. 0:58Chicago that lost its engine and uh
  26. 1:01crashed in a local community sadly
  27. 1:03killing everyone on board. That similar
  28. 1:06case just occurred about a year or so
  29. 1:08ago in Louisville, Kentucky.
  30. 1:10>> Yeah. with a UPS cargo craft that had
  31. 1:14three pilots and when it crashed on
  32. 1:17takeoff, engine falling off um killing
  33. 1:20another dozen people on on the ground
  34. 1:22and causing massive damages and injuries
  35. 1:24below. We currently represent many
  36. 1:27families in that disaster. And then I'm
  37. 1:30also currently involved in uh the DC uh
  38. 1:36litigation, the Washington DC litigation
  39. 1:38of an American Airlines from your home
  40. 1:40state of Texas uh on its way landing in
  41. 1:43uh at Reagan National that was uh hit by
  42. 1:46a US Army Sorski helicopter uh killing
  43. 1:5060 passengers, four crew and uh sadly
  44. 1:53the three US Army officers on the
  45. 1:55helicopter. So, we do a lot of uh
  46. 1:58aviation litigation. I'm just ending up
  47. 2:00as lead counsel for all of the families
  48. 2:03against Boeing
  49. 2:05uh for the 737 disasters that occurred
  50. 2:08in Indonesia and in uh Adisaba,
  51. 2:13Ethiopia. Uh and on that plane, there
  52. 2:15were families from 35 uh nations around
  53. 2:19the country, around the world. U and so
  54. 2:22this business has taken me around the
  55. 2:24world. Uh it's I'm very excited about
  56. 2:26it. We uh work very hard to get it the
  57. 2:30right way. We're not lawyers uh uh who
  58. 2:34uh are easy to settle cases. We we I
  59. 2:38just soon try a case as opposed to
  60. 2:40settle it. And um I' I've learned in my
  61. 2:43practice that having an aggressive
  62. 2:45approach to settlement negotiations has
  63. 2:48benefited my my clients greatly. uh you
  64. 2:51know, but that means you're in for a
  65. 2:53fight and and that's okay. Uh you know,
  66. 2:55if you come to Chicago, uh the the
  67. 2:58Chicago's split up into in sectors. The
  68. 3:00southside Chicagoans we think we're the
  69. 3:03toughest. The west side uh Chicagoans,
  70. 3:06they think they're the smartest and and
  71. 3:08the north side uh Chicagoans, they they
  72. 3:11think that they're above it all and
  73. 3:12they're the hoy of our community. So,
  74. 3:14you know, that's kind of how it goes
  75. 3:15with the legal community here in
  76. 3:16Chicago. But
  77. 3:17>> And where are you from? I I'm a
  78. 3:19southside guy.
  79. 3:20>> Yeah, I had a feeling
  80. 3:21>> that makes me a White Sox fan, Michael,
  81. 3:23that you know, if you're from Chicago
  82. 3:25and you were born on the Southside,
  83. 3:26you're a White Sox fan. If you're born
  84. 3:28on the north side, you're a Cubs fan.
  85. 3:30So, there you go. And the Southside, we
  86. 3:32we think we're tougher than the
  87. 3:34Northsiders.
  88. 3:36>> So, I want to start with your
  89. 3:38background. So, obviously, you would not
  90. 3:39be lead counsel on all these mega cases
  91. 3:42had you not proven it uh in the
  92. 3:45courtroom over the years. So, how did
  93. 3:47you learn how to work up a case and how
  94. 3:50to try a case?
  95. 3:51>> You know, I was blessed. I when I
  96. 3:54attended the Depal University College of
  97. 3:57Law and I one day a man showed up and
  98. 4:03lectured at my class on civil
  99. 4:05procedures. His name was Philip Corboy.
  100. 4:08And Mr. Corboy
  101. 4:10at that time was the dean of the
  102. 4:12plaintiffs bar here in Chicago. had a
  103. 4:14national reputation for excellence in
  104. 4:17preparation and his trial lawyer skills.
  105. 4:20You know, he was the son of a police
  106. 4:21officer himself
  107. 4:23and he uh I was smitten with the guy and
  108. 4:26I said to my professor after class, I
  109. 4:28said, "Geez, how do you get a job with a
  110. 4:30guy like that?" Because I was, you know,
  111. 4:32I I just wanted I wanted to know more
  112. 4:34about this man. And he says, "Oh, he's a
  113. 4:36Loyola University guy. He does not hire
  114. 4:38people from Depal." uh that you know
  115. 4:41Depal is the largest Catholic university
  116. 4:43in in uh America and and Loyola is the
  117. 4:47other Catholic university here in
  118. 4:48Chicago and but Phil had said that he
  119. 4:51was going back to his office. So I went
  120. 4:53down to the fourth floor cafeteria where
  121. 4:55we had the row of telephones and I
  122. 4:57pulled out the yellow pages. I've heard
  123. 4:58those for those of you who remember what
  124. 5:00the yellow pages might have been that's
  125. 5:02the Google of today and I looked him up.
  126. 5:04He said he was going to his office. I
  127. 5:06got his office address and I walked over
  128. 5:08to the office and I knocked on the door,
  129. 5:10saw the receptionist. I said, "I was
  130. 5:11just at a class that Mr. Corvoy taught
  131. 5:13and I have one more question. There's a
  132. 5:15kid out here got a question. You know, I
  133. 5:17let him in." So, I came in and I said,
  134. 5:18"How do I get a job with a guy like
  135. 5:19you?" And he said, "Well, if you have
  136. 5:21courage enough to come in here and ask
  137. 5:23me that question, he used another word.
  138. 5:25Uh, and uh, I'm going to call your dean.
  139. 5:28If your dean likes you, I'm going to
  140. 5:29give you a job." Well, the dean didn't
  141. 5:31did know me and did like me and I got a
  142. 5:33job.
  143. 5:34>> That's awesome. And and I've talked to
  144. 5:35and I've thought about that when I go
  145. 5:37over my career because what if I had not
  146. 5:39shown up at class that day or what if I
  147. 5:41had not gone to you know his office that
  148. 5:43day? I mean how would my life be
  149. 5:45different? But I took an immediate
  150. 5:48liking to to the number one that fact
  151. 5:53that we as pliff lawyers are helping
  152. 5:56families who can't help themselves, who
  153. 6:00are in such a state of distress
  154. 6:03or grief
  155. 6:05uh and and or injury that they don't
  156. 6:08think clearly. They aren't on the right
  157. 6:10tracks. Their lives have been
  158. 6:12disruptive.
  159. 6:14And and you know, some of us, we all
  160. 6:16have our various skills, right? I mean,
  161. 6:19I I love golf. I'm a terrible golfer,
  162. 6:21but I see these golfers, you know, they
  163. 6:23have a a wedge and they're bouncing the
  164. 6:25ball up in their hands and they're
  165. 6:26throwing it in the air and they're
  166. 6:28flipping it around. I can't do any of
  167. 6:29that, right? But when when I lament that
  168. 6:31I can't do any of that, I say, "Well,
  169. 6:33but but can Tiger Woods pick a jury?"
  170. 6:35And and and so I just it it works for
  171. 6:38me. It has always worked for me. I I
  172. 6:41teach my young lawyers that they are the
  173. 6:43eye of a hurricane. They're the eye of
  174. 6:45the storm. That someone has to be the
  175. 6:48adult in the room and and and I'm I'm
  176. 6:51calm in that respect and I think that's
  177. 6:53one of the skill sets that I I bring to
  178. 6:55the table. I always love the rules of
  179. 6:58evidence. U and as you know uh that's so
  180. 7:02essential to what we do in terms of uh
  181. 7:04the courtroom. If you know the rules of
  182. 7:06you know it's like a golfer if he knows
  183. 7:08the rules of the game it might help him
  184. 7:09a lot. you know the rules of evidence,
  185. 7:11it helps you a lot, right? U I was on
  186. 7:13the law review and and uh I en so I'm a
  187. 7:16good writer. I enjoy to this day I enjoy
  188. 7:18writing. I I write a lot of my own
  189. 7:20material and I edit a lot of material
  190. 7:21that that goes out here and and so you
  191. 7:25know it was just a body of I've never
  192. 7:28regretted for one day doing the work
  193. 7:31that I do. And I and as you know over
  194. 7:34the years a lot of injury lawyers are
  195. 7:36assailed they they they badmouththed.
  196. 7:39They get assailed for you know being
  197. 7:40ambulance chasers and being bad guys you
  198. 7:44know that and that's true. There are a
  199. 7:46lot of lawyers as you know as well as I
  200. 7:48do that do bad things and and they are
  201. 7:51not ethical and they are not you know
  202. 7:54their scruples are are off. I I you
  203. 7:57that's not you and it's not me and I'm
  204. 7:59very proud of what I do and I know that
  205. 8:01the the first time something goes wrong
  206. 8:03for some of the very people who
  207. 8:05criticize the that kind of conduct I'm
  208. 8:07one of the first people they call uh so
  209. 8:11so your reputation matters your
  210. 8:12integrity matters your reputation in the
  211. 8:15courthouse matters and uh you know I've
  212. 8:18been president of the Chicago Bar
  213. 8:19Association and and uh head of the
  214. 8:22sectional litigation of the American Bar
  215. 8:24the largest in in the ABA's
  216. 8:26book of sections and I'm I'm very proud
  217. 8:29of that because I'm proud to be a lawyer
  218. 8:30and uh I think that what we do uh helps
  219. 8:34and and traveling around the world you
  220. 8:36will see that the law the rule of law
  221. 8:39that we in America embrace and enjoy is
  222. 8:43such a positive thing for us as
  223. 8:45Americans versus what you might see if
  224. 8:47you go to you know some of the foreign
  225. 8:49nations that that we travel. Um so you
  226. 8:52know it just takes and and I always took
  227. 8:55to I take the medicine you know I've
  228. 8:57done a lot of medical malpractice work
  229. 8:59in my life and you know I've I have been
  230. 9:02through all the tort reform battles you
  231. 9:05know start hell in 1978
  232. 9:08I remember seeing something about a
  233. 9:09thing called tort reform and I had to go
  234. 9:11look it up I didn't know what it was
  235. 9:13>> well you know this fancy word of reform
  236. 9:15is really a euphemism for taking
  237. 9:17people's rights away and uh so I you
  238. 9:20know in Illinois. We've had massive
  239. 9:22battles here in Illinois uh on the tort
  240. 9:25reform front as you have had in Texas. I
  241. 9:28think we probably have had more success
  242. 9:29here in Illinois than you've had in
  243. 9:32Texas to protect rights
  244. 9:34>> and and you know I was in the middle of
  245. 9:36that and and proudly so because uh it
  246. 9:40just a passion comes to me naturally
  247. 9:42that uh it's just not right that these
  248. 9:45people you know can can take away uh the
  249. 9:49you know the rights of individuals and
  250. 9:51it's it's not because they're making the
  251. 9:54community better. They're just saving
  252. 9:55money for themselves. It's like I'm
  253. 9:57involved in all this aviation
  254. 9:59litigation, right? And I'm a a severe
  255. 10:01critic of the FAA. Uh you've seen I I
  256. 10:05assume it's on the news in in Texas that
  257. 10:08all these tire blowouts uh on airplanes
  258. 10:11landing American Airlines and United.
  259. 10:13Okay. Well, well, that's just bad
  260. 10:15maintenance. That's somebody who either
  261. 10:17A isn't doing their job on properly
  262. 10:19inflating tires or B, and I think it's
  263. 10:21the latter, b that they are trying to
  264. 10:24get more life out of these tires. to
  265. 10:26see. Well, if we get more life out of a
  266. 10:29product that keeps our costs down. All
  267. 10:31right. And yet, you'll hear, you know,
  268. 10:33the president of the company will get on
  269. 10:36the air afterwards and they'll say, "Oh,
  270. 10:38we're the safety of our customers is our
  271. 10:41first job one, right?" Well, then, but
  272. 10:43how about we go to the federal
  273. 10:44courthouse where I'm dealing with them
  274. 10:47uh here in Chicago a lot. And what
  275. 10:48they're saying is, uh, judge, throw this
  276. 10:51case out because it's a a forum
  277. 10:53non-convenience or apply some law that
  278. 10:56restricts damages, judge. Let's get into
  279. 10:58a choice of law fight and and go and
  280. 11:01focus on a law that caps damages. So,
  281. 11:04you know, what they do in the open in
  282. 11:06the public is entirely different than
  283. 11:08you and I see in the courtroom. And that
  284. 11:10kind of stuff revs me up and gives me a
  285. 11:14moral authority to say to the our
  286. 11:16clients and to the public, look at the
  287. 11:18facts of what they're really doing.
  288. 11:19They're lying to you. And it's it's easy
  289. 11:22to get worked up about that stuff for
  290. 11:24me. And I love it.
  291. 11:26>> You talked about, you know, when you're
  292. 11:28in trial, you need to be calm. You need
  293. 11:30to be like the eye of the hurricane.
  294. 11:32Everything is going crazy around you,
  295. 11:33but you are. And and I've been working
  296. 11:35on that really hard. I've, you know,
  297. 11:37gotten better at it, but I want to I
  298. 11:38want to get even better. How do you stay
  299. 11:41calm? How do you stay calm when things
  300. 11:43because there's always unexpected
  301. 11:44things, people trying to pull things on
  302. 11:46you, you know, how do you stay calm in
  303. 11:48trial,
  304. 11:48>> you know? I think it I think it just it
  305. 11:50comes with uh the experience and the
  306. 11:53passage of time. I I don't think I was
  307. 11:54always that way. I you know I don't know
  308. 11:57if this has happened to you in your life
  309. 11:58but one of my best friends in life has
  310. 12:00become uh a lawyer who was my biggest
  311. 12:04adversary uh in the early years of my
  312. 12:06practice
  313. 12:07>> and and a guy uh his name is C Barry
  314. 12:10Montgomery. He was at the when I first
  315. 12:13met him he was regarded as the best
  316. 12:16defense trial lawyer in town. And the
  317. 12:19first case that I tried against him he
  318. 12:21pulled he absolutely pulled my pants
  319. 12:23down. I got rattled. I got nervous. I
  320. 12:26got all sorts of bad things. And thank
  321. 12:28God uh the verdict came in at the exact
  322. 12:32offer that we had turned down. Okay. So,
  323. 12:35you know, as opposed to getting a goose
  324. 12:36egg or something, right? And uh uh but
  325. 12:39over time, I I you can practice. I talk
  326. 12:43I teach my young lawyers about putting
  327. 12:45fans in their hands. You ever meet a guy
  328. 12:48and you shake his hand and it's all wet
  329. 12:50and clammy and all that? And and I tell
  330. 12:52my young lawyers, take your mind to a
  331. 12:55place where you're trying to control
  332. 12:58your heartbeat and your and your blood
  333. 13:00pressure and just pretend you got a fan
  334. 13:02in your hands and that's calming you
  335. 13:05down. And and so that's part one of
  336. 13:08that. Part two of that once again is is
  337. 13:11preparation. I
  338. 13:14here even to this day, Michael, if I
  339. 13:16were to be trying a case next week, I I
  340. 13:18have a a case book that I study on the
  341. 13:21objections.
  342. 13:23>> You got to refresh your memory
  343. 13:25>> on the rules, all right, of engagement
  344. 13:27and the rules of the of objection and
  345. 13:30the rules of of And then finally, I do a
  346. 13:33lot of uh my trial stuff and focus group
  347. 13:36stuff. And what I've learned by that is
  348. 13:39if you come into the courtroom and you
  349. 13:43have done all this preparation, you know
  350. 13:45your file that then then you just have
  351. 13:49to do. You don't have to think.
  352. 13:51>> Yeah.
  353. 13:52>> As much and that gives you a resolve
  354. 13:54that gives you to me it gives me a
  355. 13:56calmness. Uh and uh and you know just
  356. 14:00try not to overreact because the one
  357. 14:02thing you know this as well as anyone
  358. 14:04when you're in front of a jury somebody
  359. 14:06is always watching you. There are 12
  360. 14:08people in the box maybe 14 if you have
  361. 14:10the alternates or 16 okay there is
  362. 14:13always one person watching you and and
  363. 14:16you can't just you know take it for
  364. 14:18granted that uh you know when you're
  365. 14:20picking your nose or doing whatever the
  366. 14:22heck you're doing or you know nowadays
  367. 14:24it's terrible. you see these young
  368. 14:26lawyers sitting at council table and
  369. 14:28they're doing they're using their uh
  370. 14:29they're they're sending text messages
  371. 14:30out. Okay, you have to stay focused on
  372. 14:34the task at hand and not be distracted
  373. 14:37by anything. But but the one word I I go
  374. 14:40back to all the time, if I learned
  375. 14:42anything from Phil Cory, it was that
  376. 14:45preparation was the byword of what
  377. 14:47you're doing when you're in that uh
  378. 14:49courtroom. If you're not prepared, then
  379. 14:51you're you're doing a disservice to your
  380. 14:53client.
  381. 14:55And how did you take advantage of
  382. 14:57working for [snorts] Phil Cory to you
  383. 14:58know another legendary lawyer to really
  384. 15:01hone your skills?
  385. 15:02>> Well, he you know I was incredibly
  386. 15:05fortunate that that uh you know he kind
  387. 15:08of like adopted me. I mean I in the last
  388. 15:10year of law school like I never went to
  389. 15:12class and my grades got better. Okay.
  390. 15:14I'd show up for the I would I would show
  391. 15:16up for the exams and I'd take the test
  392. 15:18or I'd show up for an occasional class
  393. 15:21and they call on me and I'd have the
  394. 15:22answer. But one thing hanging around
  395. 15:25with Phil, I also hung around with a lot
  396. 15:27of other lawyers, you know. Uh, how
  397. 15:29about the the name Joe Jal? You remember
  398. 15:31that name?
  399. 15:32>> Absolutely.
  400. 15:33>> I I drank I Well, I kind of was the
  401. 15:36designated driver while Phil and Joe
  402. 15:37[laughter] J were pounding them down
  403. 15:39here in a bar in Chicago.
  404. 15:40>> Well, that had to be so fun. And so the
  405. 15:42point being that I was exposed through
  406. 15:45him to a lot of the great legendary
  407. 15:48lawyers from around the country and and
  408. 15:51they they they had they they have
  409. 15:53something common about them and and and
  410. 15:56it's a confidence and it's a confidence
  411. 15:59that comes from being prepared and and
  412. 16:02to being a aware and to there's a level
  413. 16:05of focus uh on the tasks at hand that
  414. 16:10that I think breeds, you know, you are
  415. 16:13what you think about most. Uh and and
  416. 16:16and that was one I think that's a common
  417. 16:18thing that you find among the greatest
  418. 16:21lawyers in in the country. And you know,
  419. 16:24I'm a member of this group, the inner
  420. 16:25circle of advocates. Heaven forbid we
  421. 16:27call oursel the outer circle of
  422. 16:29advocates. Uh but if you look at all
  423. 16:32there's a hundred of the best trial
  424. 16:33lawyers in the country and and you look
  425. 16:35at those lawyers, they they work hard.
  426. 16:38uh they they they are tireless in their
  427. 16:41uh preparation. They're not afraid to
  428. 16:44say that they don't know something and
  429. 16:46and they call a col a colleague and and
  430. 16:48kick things around. They're not afraid
  431. 16:50to say they don't know given thing and
  432. 16:52research it. Uh they don't pretend to
  433. 16:54know everything. Uh you know, you get
  434. 16:56over yourself. Yeah, you got this great
  435. 16:58reputation, but that's yesterday's
  436. 17:00business. Now you got a task at hand on
  437. 17:02a new matter for a new client and they
  438. 17:04need you and they need you to be focused
  439. 17:05and they need you to earn that
  440. 17:07reputation not just you know bring it to
  441. 17:09the table. You got to earn it.
  442. 17:13>> Have you thought about writing a book or
  443. 17:14have you written a book yet?
  444. 17:15>> I have direct I have not written the
  445. 17:17book and I thought about writing it and
  446. 17:19I'm not I'm not sure what I would say
  447. 17:22and I'm not sure who the heck would read
  448. 17:24it. I've been encouraged to I have two
  449. 17:26lovely grandsons and I've been
  450. 17:29encouraged to write a book so that they
  451. 17:31could read it. Uh that's a possibility,
  452. 17:34but if you know I don't know it's maybe
  453. 17:37down maybe it's on the table down the
  454. 17:39line. Right now I'm working too much.
  455. 17:41>> I I get it. You know I' I've written one
  456. 17:43on well real like I've written some
  457. 17:45small stuff we published ourselves but
  458. 17:46I've written one published by trial
  459. 17:48guides on trucking and
  460. 17:50>> really yeah
  461. 17:50>> because I spent a lot of time
  462. 17:52practicing. It took me five years to
  463. 17:54write a book. It should have taken me
  464. 17:55about a year to work on. Uh,
  465. 17:57>> that's the problem. I mean, that's the
  466. 17:58problem. Plus, I'm at least I I try I
  467. 18:01don't know here. You never know what
  468. 18:03other people say about you, but I I
  469. 18:05don't cons I'll answer a question, but I
  470. 18:08I don't consider myself a braggard and
  471. 18:11and that and and you know, so I'm not
  472. 18:14out to
  473. 18:14>> Yeah. I don't
  474. 18:15>> I'm not out to tell war stories. I'm not
  475. 18:17out to embarrass somebody by having, you
  476. 18:19know, taking I mean, I've won cases that
  477. 18:22I shouldn't have won because I out
  478. 18:23lawyered somebody, right? Do I really
  479. 18:25want to say that?
  480. 18:27>> Well, I think you could if you really
  481. 18:28dug into and I mean, as good as you are,
  482. 18:31when I I found when I dug in and really
  483. 18:33had to analyze like, okay, what am I
  484. 18:35doing instinctively? How do I put that
  485. 18:36into steps? And then doing the research
  486. 18:38to like realize I do have gaps in my
  487. 18:40knowledge I didn't know I had. It was
  488. 18:42really u a really good experience. And
  489. 18:45then you know then you're able to you
  490. 18:47know one of the joys I get is you know I
  491. 18:49get an email from a lawyer that I've
  492. 18:51never met in another part of the country
  493. 18:53said I use this part of your book and I
  494. 18:55got this verdict and it feels really
  495. 18:56good. You know I don't make any money
  496. 18:58off that but
  497. 18:59>> it feels really good and I I would
  498. 19:00encourage you to uh to do a book on with
  499. 19:04either on trials or building a law firm
  500. 19:06or something because you've got so much
  501. 19:07success built up over the years uh and
  502. 19:10then you know you could share it to a
  503. 19:12much bigger more enduring audience. Uh
  504. 19:14but it is a pain in the butt. It is a
  505. 19:15lot of work.
  506. 19:16>> May maybe you'll have to be my editor.
  507. 19:19>> Uh uh then it would take 10 years
  508. 19:21[laughter] because but I do recommend
  509. 19:23like Trial Guys has great editors and
  510. 19:25they walk you through it and everything.
  511. 19:27You know, another I mean it could be
  512. 19:29because I do enjoy I must say one of the
  513. 19:31things that I go out of my way to do
  514. 19:32around here is spend time with the
  515. 19:35younger lawyers and I I do enjoy the
  516. 19:38mentoring part of
  517. 19:40>> you know passing on what I know because
  518. 19:43I that helps to shorten the learning
  519. 19:45curve for them.
  520. 19:47>> [snorts]
  521. 19:47>> uh you know I just this morning one of
  522. 19:50my young lawyers told me about an
  523. 19:51inspection uh that's going to take place
  524. 19:54on a a site of a of a products case and
  525. 19:58um I you know gave her some ideas about
  526. 20:01well did you do do you know line up
  527. 20:03these four things and uh I like doing
  528. 20:06things like that that's you know way of
  529. 20:08passing it on
  530. 20:10>> absolutely now even with all your
  531. 20:13experience I mean it seems like you
  532. 20:14would have faced most situations by now
  533. 20:17You still do mock trials and folks
  534. 20:18groups. I do.
  535. 20:19>> Why it's why is that? Is it just the
  536. 20:21preparation or is it more than that?
  537. 20:22>> No. Well, I it's two parts. One, it's
  538. 20:25the preparation. I mean, that's largely
  539. 20:28that on the on on the case. U you know,
  540. 20:31there people can can really
  541. 20:34get hung up on obscure facts that affect
  542. 20:39their decision making that you don't
  543. 20:41even think about. And I've got one
  544. 20:42example of mine I'll come back to. But
  545. 20:44but so I I mean so on a very percase
  546. 20:48basis I think you learn things and if
  547. 20:51you don't know how people are thinking,
  548. 20:52how are you going to make them listen?
  549. 20:54That's that's the overall premise. Okay,
  550. 20:57that's part one. Part two is uh it's
  551. 21:00it's really a preparation thing. I mean,
  552. 21:03if you do mock trials the way we do
  553. 21:05them, uh, it's it's, you know, the
  554. 21:08actual opening statement, it's like, you
  555. 21:10know, uh, this is finally just a dress
  556. 21:13rehearsal because I've done this so many
  557. 21:14times before. I mean, we've in in the
  558. 21:17here, they're expensive, so it's got to
  559. 21:18be the right case, right? But I mean,
  560. 21:20I've had it to where I've had um uh I've
  561. 21:24picked a jury and I've had a 100 people
  562. 21:26in the wings at a center
  563. 21:29uh waiting to hear me that night make
  564. 21:33the opening statement, but we picked a
  565. 21:34hundred people so that that are
  566. 21:36demographically
  567. 21:38identical or as near identical as you
  568. 21:39can get to the jury that we impanled.
  569. 21:42Then the following morning, I'm looking
  570. 21:44at the real jury and they look like the
  571. 21:46people I spoke with the night before.
  572. 21:48That's awesome.
  573. 21:49>> I mean, that's good stuff. Okay. And and
  574. 21:52that's how that's winning stuff. And
  575. 21:53when you're talking about, you know,
  576. 21:56asking somebody for tens of millions of
  577. 21:59dollars, this is serious work. No. You
  578. 22:02know,
  579. 22:03>> that's the thing I tell my lawyers is
  580. 22:05like when I was in elementary school and
  581. 22:08my parents sent me to like a summer
  582. 22:10community theater program that we were
  583. 22:11doing a play that only our parents and
  584. 22:13grandparents would ever watch,
  585. 22:14>> right? We spent weeks rehearsing, but
  586. 22:17then people want to go try multi-million
  587. 22:19dollar cases and just wing it. It's
  588. 22:20crazy.
  589. 22:21>> Yeah. Yeah. It's crazy. And then, you
  590. 22:22know, I have to tell you, you I I said
  591. 22:24I'd come back to this one point. One of
  592. 22:26the things that convinced me of this
  593. 22:28early on, I I represented a case where
  594. 22:31uh it was a car crash case and it was a
  595. 22:34a very goodnatured man, a boy scout
  596. 22:37troop leader picked up two uh inner city
  597. 22:41kids from here in Chicago and was taking
  598. 22:43them to a a weekend at a boy scout
  599. 22:46retreat. All wonderful spirited things.
  600. 22:49And he had the two boys in the front
  601. 22:51seat of the car and they were belted.
  602. 22:54They're each belted and he makes a
  603. 22:56left-hand turn in front of an oncoming
  604. 22:58vehicle. There's a collision. The boy at
  605. 23:00the door dies. The driver dies and they
  606. 23:03find this other little boy under the
  607. 23:05dash with a terrible brain injury. Okay.
  608. 23:08And so now we go to it's a trial of the
  609. 23:13injured boy and there's a big fight
  610. 23:14about the money. Uh and it was really a
  611. 23:17big fight about aortionment of
  612. 23:19percentage liability that mattered here
  613. 23:21for us on joint and several liability.
  614. 23:24>> Yeah.
  615. 23:24>> And but we did a number of mock trials
  616. 23:26and it and the mock trials were this was
  617. 23:28on the front end of I mean this how long
  618. 23:31ago this was this is many decades ago
  619. 23:33and I kept trying to raise the number of
  620. 23:35how much I could credibly ask for.
  621. 23:39Okay. And uh without blinking all right
  622. 23:43that was the goal. But one something
  623. 23:45that came out that fascinated me and
  624. 23:47that was on a percentage of who was
  625. 23:50responsible. The jurors kept coming back
  626. 23:52to the idea that the guy had both boys
  627. 23:55in the front seat of the car. You they
  628. 23:58kept saying why aren't why weren't those
  629. 23:59two kids in the backseat of the car?
  630. 24:00They should have been in the backseat of
  631. 24:01the car. Okay. And that to them was
  632. 24:04decisive about who was responsible on a
  633. 24:07percentage basis for their deaths. Now,
  634. 24:09you know, you know as well as I do that
  635. 24:11probably didn't matter, right? in terms
  636. 24:12of Okay. So, sure enough, during the
  637. 24:15actual trial,
  638. 24:16>> every time I could get it in credibly, I
  639. 24:19would say to the witness, uh, you know,
  640. 24:21like the EMT, I'd say, "Oh, one more
  641. 24:23thing. Do you know why the two boys were
  642. 24:24in the front seat of the car?" No, I
  643. 24:26have no idea. No, no, no objection.
  644. 24:28Comes along, the copper, same thing.
  645. 24:30Comes along, a nurse, same thing. So,
  646. 24:32now finally, closing argument, we get
  647. 24:34the great result. The percentage is how
  648. 24:36we wanted in terms of responsibility.
  649. 24:38And I could not contain myself. I
  650. 24:40typically don't talk to jurors
  651. 24:41afterwards, but I did this time. I said,
  652. 24:43"Hey, by the way, what did you think
  653. 24:45about the fact that the two kids were
  654. 24:47not were in the front seat of the car
  655. 24:48instead of the back?" They erupted. So,
  656. 24:51my point to you is, okay, you're going
  657. 24:53to learn things in these mock trials
  658. 24:55that are issues in the case that maybe
  659. 24:57you that aren't on the face of it, and
  660. 24:59these are decisive to maybe the decision
  661. 25:02making of the actual jury. And that's
  662. 25:04one of the reasons why you do it, you
  663. 25:06know. Now fast forward to nowadays.
  664. 25:08We're doing AI research in uh we're
  665. 25:11doing internetbased stuff. It's
  666. 25:13remarkable the new stuff that's these
  667. 25:15new tools that are coming along.
  668. 25:17>> Do you all have your own in-house
  669. 25:19capacity to set up your own mock trials
  670. 25:21and focus groups or do you use
  671. 25:22consultants or some kind of mix?
  672. 25:24>> We use we use consultants. Uh one of my
  673. 25:27young guys likes he teaches at at a
  674. 25:30local law school. He likes bringing in a
  675. 25:32bunch of the students and he pays he
  676. 25:34pays them pizza and 10 bucks or
  677. 25:36something and makes them sign a
  678. 25:38confidentiality agreement. He runs the
  679. 25:39facts by them. But uh I by and large I I
  680. 25:42I pay the piper and I hire Magna
  681. 25:45Services or some of the other Robert
  682. 25:47there's a guy in Texas, Robert Hershorn.
  683. 25:49>> Yeah, he's great.
  684. 25:50>> Yeah, Robert's great. He's a dear friend
  685. 25:52and uh I'll hire somebody like Robert
  686. 25:54and Robert's got a new AI product out
  687. 25:56there. I think he calls it Verdict Hub.
  688. 25:58That's pretty good.
  689. 25:59>> He's been on the podcast and talked
  690. 26:01about it. I haven't used it yet. I mean,
  691. 26:03I'm
  692. 26:03>> You should try it.
  693. 26:05>> Yeah,
  694. 26:05>> we like it.
  695. 26:06>> We like it. Okay. I've always been a
  696. 26:08little skeptical on the AI thing. I
  697. 26:10mean, we use AI a lot in the practice.
  698. 26:11I've always been a little skeptical in
  699. 26:12the jury research, but I do I need to go
  700. 26:14try it where I do like a I really want
  701. 26:16to get a case where I have the ver the
  702. 26:18budget to do the verdict hub
  703. 26:20>> and the big data with the Campbell with
  704. 26:22real people and like the in person and
  705. 26:24just to see what kind of correlation.
  706. 26:26>> Yeah, John Campbell's pretty good and
  707. 26:28and uh uh Chris Denovi out of LA. If you
  708. 26:32don't know Chris, send me a note. I'll
  709. 26:33I'll introduce you information.
  710. 26:37uh you know nowadays more and more
  711. 26:39lawyers are advised uh and I keep going
  712. 26:42back and forth on this myself to
  713. 26:43specialize in one area like you know I
  714. 26:46do you know probably 80% of my my case
  715. 26:48my case load is uh commercial trucking
  716. 26:52you know my my good friend Joe Freed is
  717. 26:54you know known as a trucking lawyer and
  718. 26:55just specialized in trucking but then
  719. 26:57when you look at the greats I mean you
  720. 26:59Jo Jerry Spence you all tried like every
  721. 27:02kind of case and you in talking to you I
  722. 27:04mean you've done of Of course, aviation
  723. 27:05you're known for, but you don't just do
  724. 27:07aviation. You've done car crashes,
  725. 27:08you've done medical malpractice, you've
  726. 27:10done product liability, you know, just
  727. 27:13the whole gamut of cases. You're doing
  728. 27:15some RICO whistleblower type stuff. How
  729. 27:18do you
  730. 27:20learn all these different areas at a
  731. 27:22high level to handle these big cases?
  732. 27:24>> Well, it's called the bathtub theory of
  733. 27:26law, right? You you fill up that bathtub
  734. 27:29with all the technical knowledge and
  735. 27:31information that you uh need on a given
  736. 27:34case. And when that case is over, you
  737. 27:35pull the plug and let it drain out. No,
  738. 27:38I I'm I mean, I've used that. I mean,
  739. 27:39especially in the medical malpractice
  740. 27:41area where there was a time when I think
  741. 27:43I knew more about nefrology than any of
  742. 27:45the experts that I was dealing with.
  743. 27:47Right. And but you've the but the short
  744. 27:49answer is you need to surround yourself
  745. 27:52with the technical experts. Like just
  746. 27:55yesterday,
  747. 27:56an issue came up in the UPS uh case
  748. 28:00where the engine fell off of the MD11.
  749. 28:03And it's a an issue about it's
  750. 28:05aeronautical engineering and metallurgy
  751. 28:08and the lawyers around here trying to
  752. 28:09figure out well what do should we do
  753. 28:10this or should we do that? It pertains
  754. 28:12to whether we keep a defendant in or
  755. 28:14not. There's
  756. 28:17the defendant wants to get out. They
  757. 28:18want to enter into a towing agreement.
  758. 28:20They say, "Hey, the NTSB gave us a pass.
  759. 28:22You should too." And I said to my people
  760. 28:24who are on point, I say, "Well, what
  761. 28:27good does it do?" You know, I'm not an a
  762. 28:29metallergist. I'm not a an aeronautical
  763. 28:32engineer. Neither are any of you. What
  764. 28:34are our consultants advising you? What
  765. 28:37issues are they raising for you? And
  766. 28:39they didn't have, frankly, they had
  767. 28:41meetings scheduled, but they had yet to
  768. 28:43have those conversations. I said, "Well,
  769. 28:44I don't think you can decide this
  770. 28:46without that kind of input." And the
  771. 28:48point being, I think a good trial lawyer
  772. 28:50can try any kind of case. Okay? Any kind
  773. 28:53of case. You just got to learn the
  774. 28:56underlying uh uh technical issue that's,
  775. 28:59you know, before the jury and is the
  776. 29:01controversy in the case. I mean, uh and
  777. 29:04and so I mean, heck, this morning uh
  778. 29:07before our conversation today, I was
  779. 29:09giving one of my friends who's a local
  780. 29:11business owner ad advice with his
  781. 29:14commercial lawyers on a dissolution of a
  782. 29:16of a big restaurant chain here in
  783. 29:18Chicago. What the hell's that got to do
  784. 29:20with PI law or airplane crashes? Right.
  785. 29:23nothing. But in the course of the
  786. 29:25conversation, I was talking about
  787. 29:27mediation. I'm talking about judges. I'm
  788. 29:30talking about what a jury trial is going
  789. 29:31to look like here. I'm talking about the
  790. 29:32preparation that they need to engage in.
  791. 29:34All those things that we've been talking
  792. 29:35about this morning, they're at play.
  793. 29:38Same thing is true for what you're
  794. 29:39doing. I mean, you you have a trucking
  795. 29:41case, but I'll bet you if I sent you a
  796. 29:42medical malpractice case, you could get
  797. 29:44boned up on it. You would know the local
  798. 29:46jury. You would know the the judiciary.
  799. 29:49You know, all those things. You But you
  800. 29:50got to spend the time, Michael.
  801. 29:52>> Yeah. I actually enjoyed I I I tried
  802. 29:54some medical practice cases before 2003
  803. 29:57when they uh changed the law in Texas to
  804. 30:00try to make it unprofitable and I got
  805. 30:02the hint and uh
  806. 30:03>> well I think I probably make more money
  807. 30:05not doing them just because the you know
  808. 30:07the you spend so much money screening
  809. 30:08them u
  810. 30:09>> well%
  811. 30:11we've got uh we're probably well if not
  812. 30:14the largest certainly one of the largest
  813. 30:16top five medical malpractice firms in
  814. 30:19Chicago and in Illinois and and we've
  815. 30:22have a very elaborate uh screening
  816. 30:24process. Uh but it's it's a good book of
  817. 30:28business here, though. I mean, we don't
  818. 30:29have the the they were unsuccessful in
  819. 30:32trying to uh cut out people's rights
  820. 30:35here in Illinois. So, we don't have
  821. 30:36caps. Uh we have free judgment
  822. 30:39interests, which is a big deal in terms
  823. 30:41of forcing them to be realistic. And but
  824. 30:43but we do spend I mean, we probably
  825. 30:46reject 19 out of 20 inquiries. uh and
  826. 30:49and of the one that we one out of 20
  827. 30:51that we take, we probably ultimately
  828. 30:52reject some of those as well. And and uh
  829. 30:55which because you'd be crazy as a law
  830. 30:57firm to find, you know, this this whole
  831. 31:00idea of frivolous lawsuits is is is
  832. 31:03ridiculous because what lawyer in his
  833. 31:05right mind is going to spend a fortune
  834. 31:08prosecuting a case that's frivolous,
  835. 31:09right? [clears throat] In their view, if
  836. 31:11you lose a case, then therefore it was
  837. 31:13frivolous. Well, that's not the law and
  838. 31:15that's not the reality of life. But uh
  839. 31:18uh we have an elaborate we've got three
  840. 31:21full-time uh intake uh nursing people
  841. 31:24who were in risk management uh at
  842. 31:26hospitals before. We've got one
  843. 31:28full-time doctor, lawyer um and then so
  844. 31:31that's how we do the initial screening
  845. 31:33and then once we decide to go deeper
  846. 31:35that's when we bring in the outside
  847. 31:36consultants and uh that we regularly you
  848. 31:39know go to whether it's for general
  849. 31:41surgery or you know OBGYn or
  850. 31:44orthopedics.
  851. 31:46Now, I'm I'm going to ask you another
  852. 31:48selfish question because I'm I I spent
  853. 31:51the first 25 years of my practice really
  854. 31:53working on trying to be a better lawyer,
  855. 31:55and I'm still trying to be a better
  856. 31:56lawyer. But then the last six years,
  857. 31:59I've really been working on trying to
  858. 32:01build a better law firm, which means not
  859. 32:03just developing myself, but learning to
  860. 32:05develop the other people around me and
  861. 32:07and and giving them the the tools and
  862. 32:11space to reach their potential. I mean
  863. 32:13you can't do the work for them but you
  864. 32:14can create an environment where they
  865. 32:16can. What have been you know what have
  866. 32:18you learned about developing lawyers
  867. 32:19because obviously you couldn't do
  868. 32:20everything you you're doing unless you
  869. 32:22had a team of good competent people.
  870. 32:24>> Well you've got to empower them to make
  871. 32:26decisions and you got to accept that
  872. 32:28that empowerment is going to come back
  873. 32:30and you're going to get some bad
  874. 32:31decisions that you wouldn't have made
  875. 32:33and and you can't go ballistics about
  876. 32:35that. Right. Um, so you you have to
  877. 32:38learn how to delegate and and uh you ha
  878. 32:41you have to let go a bit. I mean, I'm in
  879. 32:44the aviation space in particular, I'm
  880. 32:47trying to develop uh some of the young
  881. 32:49lawyers uh uh to take over that that
  882. 32:53practice uh because ultimately, you
  883. 32:56know, I know that I'm not going to be
  884. 32:58able to do it forever. Um, and so it's
  885. 33:01just showing people that you have
  886. 33:03confidence in them, but also pushing
  887. 33:06them. Uh, you know, I I told you about
  888. 33:08that conversation a moment ago about the
  889. 33:10metal energy aeronautical engineering.
  890. 33:12Well, this is what some of those people
  891. 33:13and I I one of the things I said in that
  892. 33:16meeting, you know, I'm actually kind of
  893. 33:17disappointed that I'm having to remind
  894. 33:19you of this, that this is how you have
  895. 33:21to go do this, right? So you you can you
  896. 33:24can delegate uh but you got to keep your
  897. 33:28eye on the ball and and so you know
  898. 33:31don't take it for granted that they know
  899. 33:32what you're doing and you know it
  900. 33:35doesn't bother me if they say well I
  901. 33:36already know that and okay well good I'm
  902. 33:38glad you do. Thank you very much for
  903. 33:39telling me. Okay I'm glad but because
  904. 33:42what if you didn't all right and um you
  905. 33:44just got to work with them and and have
  906. 33:46confidence that you've made good
  907. 33:47decisions about the people who are
  908. 33:48around you. The hardest part for me is
  909. 33:51if you have a lawyer that you've brought
  910. 33:52on who is not doing the job and you've
  911. 33:55come to believe that they cannot do the
  912. 33:57job. You know, I'm not good at letting
  913. 33:59people go. And that's a problem.
  914. 34:02>> Yeah. I've had to learn the hard way
  915. 34:04that you just you're just you're not
  916. 34:06doing any good for them, are you? when
  917. 34:07they're in when they're not the right
  918. 34:09>> for anyone, especially and especially
  919. 34:11when you you're in a fiduciary position
  920. 34:13and they're handling, you know, client
  921. 34:15matters where maybe they're making
  922. 34:16decisions that are bad decisions and you
  923. 34:19don't know about them. That's that's
  924. 34:20part of the problem when you get a knock
  925. 34:21on your door saying, "Oh, by the way, I
  926. 34:23got a problem here." And and it was
  927. 34:25something that could have been avoided
  928. 34:27had they even come and asked questions.
  929. 34:29I mean, we have regular lawyer meetings
  930. 34:32and we share our experiences. So, for an
  931. 34:36example, tomorrow, if you were to come
  932. 34:37to my office tomorrow morning, 7:30
  933. 34:39a.m., uh, I have a uh, every Wednesday
  934. 34:42morning meeting, 7:30. It it lasts uh,
  935. 34:45it's supposed to have a hard uh, last
  936. 34:48only one hour, but it has an absolute
  937. 34:50hard stop uh, at 9:00 and and uh, we
  938. 34:53talk about our our weeks and we talk
  939. 34:55about our learning experiences. And I
  940. 34:57just yesterday, one of the guys said,
  941. 34:58"Hey, I want to I want to present
  942. 35:00something tomorrow about, you know,
  943. 35:02something I've learned." I mean, that's
  944. 35:03the environment that you try to foster.
  945. 35:06>> Absolutely.
  946. 35:07>> Yeah.
  947. 35:08>> And as far as identifying lawyers, I
  948. 35:10mean,
  949. 35:12in my limited experience, I mean, I've
  950. 35:14not done it as long as you have, and I
  951. 35:15don't have your level success yet, but
  952. 35:16I'm I'm on my way hopefully. Uh, I found
  953. 35:20that there's it's one thing to identify
  954. 35:22talent, and talent seems a little easier
  955. 35:24to identify because you can see what
  956. 35:26they've done before. Do they have trial
  957. 35:28results? What were their grades like?
  958. 35:29you know, whatever markers there may be
  959. 35:32for talent, but then there's a a drive.
  960. 35:35And I found that there are some people
  961. 35:36that they kind of have a a number in
  962. 35:38their head and they can make that
  963. 35:39number. They kind of like once they've
  964. 35:41hit that number, they don't have a lot
  965. 35:42of drive like, well, we'll save we'll
  966. 35:44save those cases for next year so I can
  967. 35:45make that number again next year. And
  968. 35:46then others, I've got a partner, I mean,
  969. 35:48she's already brought in eight figures
  970. 35:50in fees this year, and she's hungry for
  971. 35:51more. She's I, you know, she no, I don't
  972. 35:53want to take any more time off. I'm I'm
  973. 35:54on a roll. I want to keep going. Uh, and
  974. 35:56you know, how do you how do you identify
  975. 35:58the hunger there that's mixed with the
  976. 36:01talent?
  977. 36:01>> I don't know. When you figure that one
  978. 36:02out, ask me. I mean, it I I think you I
  979. 36:05think you start to see it, right? I
  980. 36:07think you But but I don't know that you
  981. 36:09can identify that upfront.
  982. 36:11>> Okay.
  983. 36:12>> I I think you can see it as it's
  984. 36:14evolving and and like you are with that
  985. 36:16young lady. And the same, it's funny you
  986. 36:18mentioned because I've got one lady,
  987. 36:20same thing. Okay. She's hard charging.
  988. 36:22She's willing to work. She's tireless.
  989. 36:24She's she's uh you know here I I have
  990. 36:27two daughters, one of whom's a a partner
  991. 36:29in the firm. Uh uh she's a a lawyer of
  992. 36:33course, but she's also a masters in
  993. 36:35behavioral psychology and she's teaches
  994. 36:38wellness in the workplace. So uh she's
  995. 36:40the one that everybody goes cries to
  996. 36:42after I yell at them, right? And uh but
  997. 36:46that that said, I think this is a tough
  998. 36:47business for women because of the uh
  999. 36:50obligations that they choose to, you
  1000. 36:53know, deal with in terms of uh being
  1001. 36:55wives, being homemakers, being mothers,
  1002. 36:58especially being mothers. And it's it's
  1003. 37:00hard. And so we we really try to
  1004. 37:03accommodate that. And uh you know, co
  1005. 37:05taught co taught me that I could
  1006. 37:08actually be pretty effective working
  1007. 37:09remotely at times. I mean, you still
  1008. 37:12have to be in the office. I think it
  1009. 37:13it's important for the guy whose name is
  1010. 37:16on the door to walk around and let
  1011. 37:17people make sure that they you know
  1012. 37:18there's leadership in the house but but
  1013. 37:21uh I get a lot done working remotely and
  1014. 37:23and so long as you you know you have
  1015. 37:26people who are being upfront and getting
  1016. 37:28their work done and they're working
  1017. 37:29remotely and you're making a good
  1018. 37:30environment here. Look, I have employees
  1019. 37:32who have worked for me. I started my own
  1020. 37:34practice. I became a lawyer in ' 76. I
  1021. 37:36started my law firm in ' 84 and I have
  1022. 37:38employees who've been with me since '
  1023. 37:4084. Okay. Wow. It's it's not just about
  1024. 37:43money. It's about how you treat people.
  1025. 37:45It's about recognizing that they're
  1026. 37:46human beings and that they have lives
  1027. 37:48and that you care about them. If you
  1028. 37:49treat people like you want to be
  1029. 37:50treated, it usually works out pretty
  1030. 37:52well for you.
  1031. 37:54>> Now, one thing that's I think almost
  1032. 37:57unique with you, you've got 30 lawyers,
  1033. 38:00but you don't have any billboards, you
  1034. 38:02don't have any TV commercials, you're
  1035. 38:04not a big advertiser. How do you get
  1036. 38:06work
  1037. 38:07>> for uh well, do good deeds, word of
  1038. 38:09mouth. Um we we we probably one thing
  1039. 38:12you let out we probably try more cases
  1040. 38:15in Chicago than any other plaintiff firm
  1041. 38:18here. Okay. And that's not an accident.
  1042. 38:21I am big on pushing trials and and and
  1043. 38:26people notice that. Uh and uh we are you
  1044. 38:31know you don't here people recognize
  1045. 38:34quality and they recognize talent and
  1046. 38:37and you know if you are out there in the
  1047. 38:40community lecturing you're out there in
  1048. 38:42the community trying cases you're out
  1049. 38:44there in the community doing good things
  1050. 38:46people will notice and and it's a
  1051. 38:48network that you develop. It's all it's
  1052. 38:51all about the networking as I uh and I
  1053. 38:54encourage my lawyers to be very active
  1054. 38:55in the bar associations. I encourage my
  1055. 38:58lawyers to be very active in their own
  1056. 38:59communities. Uh every single lawyer in
  1057. 39:02my office, if you were to walk up to
  1058. 39:04them right now and say, "Could you give
  1059. 39:05me your business card?" They will they
  1060. 39:07will have one in their pocket. There are
  1061. 39:08a lot of lawyers that say, "Oh, no.
  1062. 39:09Here, let me tap your phone and here's
  1063. 39:11my contact." No, no, no, no, no, no.
  1064. 39:13Here's my business card and it's got my
  1065. 39:16cell phone on it and you can reach me
  1066. 39:1724/7. I mean, that's the message that we
  1067. 39:20send and it works.
  1068. 39:22>> A lot of our listeners are what I
  1069. 39:24consider younger lawyers, lawyers under
  1070. 39:2540, up and coming.
  1071. 39:28If they want to build a practice and
  1072. 39:29they don't want to do the billboard and
  1073. 39:31TV thing, what would you what advice
  1074. 39:33would you give them to start building
  1075. 39:34their own practice?
  1076. 39:35>> It's really about it's networking. It's
  1077. 39:37um it's it's letting people know that
  1078. 39:40you're I mean there number of elements
  1079. 39:42to this, but number one is networking in
  1080. 39:44terms of the business. Number two is a
  1081. 39:47commitment a personal commitment to
  1082. 39:50quality and and and self-improvement. I
  1083. 39:53mean I I regularly read newly reported
  1084. 39:55cases. is I regularly read, you know,
  1085. 39:58relevant law review articles. Um, you
  1086. 40:00know, in the aviation space, this
  1087. 40:02conflict of law issues is a big deal and
  1088. 40:05it's hard to understand and I regularly,
  1089. 40:07you know, receive uh memos about that
  1090. 40:10that uh uh so I'm still a student of the
  1091. 40:14law, I suppose, is the answer to to
  1092. 40:16that. Uh I I when I'm getting ready for
  1093. 40:19trial, it's uh it's preparation. I I
  1094. 40:22don't I I mean I really do what I said
  1095. 40:25in terms of studying the rules of
  1096. 40:26evidence again just to refresh my memory
  1097. 40:28about them. I I get out in the community
  1098. 40:31and and I'm engaged and uh uh you know
  1099. 40:35I'm active politically. Uh you know that
  1100. 40:39that's a good news bad news thing. I
  1101. 40:40mean there isn't a day that goes by in
  1102. 40:42my life where I'm not asked for a
  1103. 40:44donation of some kind. Uh but uh I'm
  1104. 40:48active politically. I'm active
  1105. 40:49charitably.
  1106. 40:51uh and uh you you just got to spread the
  1107. 40:53word and about who you are and and be
  1108. 40:56proud of what you do. Uh and you know,
  1109. 40:59one thing that you you mentioned, some
  1110. 41:01lawyers have become so specialized. I
  1111. 41:03mean, we do have a very eclectic
  1112. 41:04practice. I think, you know, if you
  1113. 41:06called me up and said, "Hey, I've got
  1114. 41:08this great, you know, uh case that that
  1115. 41:12uh happened to, you know, me and and my
  1116. 41:14family and uh and we take the case, do a
  1117. 41:17good job." And then you call me and say,
  1118. 41:18"My next door neighbor has this problem
  1119. 41:20and and needs some help. Could you at
  1120. 41:22least talk to them?" And it wouldn't do
  1121. 41:23any any good for me to say, "Well, I
  1122. 41:25don't really handle that kind of stuff."
  1123. 41:26>> Right?
  1124. 41:27>> I mean, you know, so we at least bring
  1125. 41:29the people in, we we find out what the
  1126. 41:31situation is and then we maybe triage
  1127. 41:33them to somebody else, but we're doing a
  1128. 41:36good service. You know, just the other
  1129. 41:38day, this past weekend, I got a I got a
  1130. 41:40call from a lo a local fellow here, lay
  1131. 41:43person who's a member of a club I belong
  1132. 41:45to. his good buddy's brother in LA was
  1133. 41:48involved in a terrible crash, a truck
  1134. 41:51versus pedestrian. Uh they needed a
  1135. 41:54lawyer in LA. I sent him to uh uh our
  1136. 41:58dear my dear friend Brian Panish and his
  1137. 42:00partner Raul. Uh they're taking care of
  1138. 42:03him, but in the meantime, I sent a text
  1139. 42:05to him just yesterday saying, "Is
  1140. 42:07everything okay?" That you know, and he
  1141. 42:09he responded, "I really appreciate your
  1142. 42:11followup." He'll tell people about that,
  1143. 42:13right? He'll tell his buddy from here
  1144. 42:15who who now the buddy will say, "God, my
  1145. 42:17buddy Clifford took good care of my
  1146. 42:19friend." Okay. As opposed to, "Oh, my
  1147. 42:21buddy Clifford said that was a
  1148. 42:23California case. He couldn't do anything
  1149. 42:24about it to help me." You got to do
  1150. 42:27those things.
  1151. 42:28>> One other piece of, you know, I think
  1152. 42:29one of the things you said is trying
  1153. 42:30cases brings good things. I mean, you
  1154. 42:33get one, it's fun, but two, you also get
  1155. 42:37uh more notoriety. You get more cases
  1156. 42:39when you go out and try cases.
  1157. 42:40>> That's right. Uh, and you know, I've
  1158. 42:43heard all these people complain, "Oh,
  1159. 42:44you can't get to Tron anymore." That's
  1160. 42:45not been my experience.
  1161. 42:47>> That's not mine either.
  1162. 42:48>> So, what advice would you give to upand
  1163. 42:50cominging lawyers that want to get
  1164. 42:52better at trying cases?
  1165. 42:54>> Well, well, it's
  1166. 42:58so when I was a firstyear lawyer, so
  1167. 43:01this goes back. So, I became a lawyer in
  1168. 43:03October of 1976. So, in the spring of
  1169. 43:0777,
  1170. 43:08I was over in the daily center, which
  1171. 43:10I'm actually looking at over the top of
  1172. 43:12my computer here because our office is
  1173. 43:14right across the street from the
  1174. 43:15courthouse. Uh, and I bumped into a
  1175. 43:19lawyer, uh, who I knew, uh, plaintiff's
  1176. 43:22lawyer, older guy, and and he said, "Uh,
  1177. 43:25what are you doing?" I said, "Well, I'm
  1178. 43:27I just settled a case. I'm going back to
  1179. 43:29the office." He said, "Well, you don't
  1180. 43:30look very happy about it." And he said,
  1181. 43:32"Tell me about the case." And I told him
  1182. 43:33about the case. And he said, "Well,
  1183. 43:35that's a pretty good result." And I
  1184. 43:36said, "Well, yeah, but I wanted to try
  1185. 43:38the case." He and he says, "Well, don't
  1186. 43:40you know, dummy, the the way you get
  1187. 43:42more trials is you got to raise your
  1188. 43:44demands." So, I went back to my office
  1189. 43:46and I literally doubled every demand
  1190. 43:48that I had. I got a lot of trials. And
  1191. 43:51my my point is that you should go, let's
  1192. 43:56go back to this focus group stuff and
  1193. 43:58this jury research, okay? Uh that I told
  1194. 44:01you that anecdote about the two kids in
  1195. 44:03the front seat versus the back seat, but
  1196. 44:05the real reason for that was at that
  1197. 44:08time I was trying to get comfortable
  1198. 44:11with asking for $64 million. I couldn't
  1199. 44:16get above $64 million
  1200. 44:19without cracking a smile because I
  1201. 44:21didn't believe it. Okay. And the point
  1202. 44:25being that nowadays you you you these
  1203. 44:29lawyers are a lot of times you're afraid
  1204. 44:31to go to trial. Everybody's about
  1205. 44:33mediation which is a euphemism for
  1206. 44:35taking less money. Okay. If you but but
  1207. 44:38how are you going to know if your uh
  1208. 44:41demand is correct or not unless you do
  1209. 44:44some extrinsic research to test what you
  1210. 44:47think the value of the case is. And
  1211. 44:49that's one of the reasons why we do so
  1212. 44:50much about it. I mean, you mentioned a
  1213. 44:52moment ago the cost of doing the the
  1214. 44:55research. Okay. Well, the the the Hersan
  1215. 44:58model is only $3 to $5,000, I think. Um,
  1216. 45:01same thing for, you know, some of the
  1217. 45:03stuff that John Campbell and Kristen
  1218. 45:04Novi are doing. It's the real mock
  1219. 45:07trials where you're, you know, hiring a
  1220. 45:09facility and you've got uh uh actors
  1221. 45:13coming in maybe and you've got jury, you
  1222. 45:15know, you're bringing in 25 30 people to
  1223. 45:18sit down. I mean, that feeding them all.
  1224. 45:20I mean that here I think the last mark
  1225. 45:22trial I did in the Boeing case cost me
  1226. 45:24$65,000.
  1227. 45:26Okay. And and so but you don't have to
  1228. 45:28be that expensive but but find a way to
  1229. 45:32test what you think the value of the
  1230. 45:33case is and and push those numbers. And
  1231. 45:36there's a client control issue. Okay.
  1232. 45:39When you go to a client and say there's
  1233. 45:41a million dollar offer and this poor
  1234. 45:43carpenter has never seen a million
  1235. 45:44dollars in his entire life and yet the
  1236. 45:46case is worth 10. Okay. You've got to
  1237. 45:49get get your client to have some
  1238. 45:51confidence in you and you got to sell
  1239. 45:52them on and you know sticking it out. We
  1240. 45:56practice may leave you with this. We
  1241. 45:57practice 27 and 10. I invented this at
  1242. 46:00the beginning of my career. Here's what
  1243. 46:02I mean by 27 and 10. You and I agree
  1244. 46:04that the value of this case is worth 10
  1245. 46:06units. Whatever a unit is, okay? Million
  1246. 46:09dollars, whatever. Now, they come in,
  1247. 46:11they offer us two. Well, what are you
  1248. 46:13going to do? You We want 10. They're
  1249. 46:15offering us two. We got a trial on our
  1250. 46:16hands. What do you do when they offer
  1251. 46:18you a seven? Are you so right about the
  1252. 46:2010 that you turn down the seven to fight
  1253. 46:22about the three? If you're not in that
  1254. 46:25situation, that case ought to be going
  1255. 46:27to verdict. And that's what you got to
  1256. 46:28sell your client on.
  1257. 46:31>> Okay.
  1258. 46:31>> Yeah. And I I have found that, you know,
  1259. 46:32when you're turning down big, you know,
  1260. 46:34you can't get into the the multiple
  1261. 46:37eight figures if you don't turn down
  1262. 46:38seven figures and single eight figures,
  1263. 46:40but having that big data or that other
  1264. 46:42research and showing your client like,
  1265. 46:44look, we're probably going to get this.
  1266. 46:46Hold on. Let's
  1267. 46:47>> Yeah. Last last year I turned up $200
  1268. 46:49million on a case and that caught my
  1269. 46:50attention.
  1270. 46:51>> I still turned it down and we still did
  1271. 46:53better.
  1272. 46:54>> That's awesome. And so kind of to wrap
  1273. 46:56it up, I've got one last question.
  1274. 46:58>> Yeah.
  1275. 46:59>> My impression is you don't need the
  1276. 47:01money anymore. Uh you've done pretty
  1277. 47:03well in your career. What drives you to
  1278. 47:05keep working as hard as you work?
  1279. 47:08>> I don't know. I I got to tell you, I
  1280. 47:11wake up in the morning Well, number one,
  1281. 47:12I'm I'm a bad golfer. Uh I have uh I'm
  1282. 47:16an annuity to orthopedic surgeons. I
  1283. 47:19have two artificial knees and two
  1284. 47:20artificial shoulders. Uh in the last 5
  1285. 47:23years I have posted fewer rounds of golf
  1286. 47:26per year than golf clubs I belong to. Uh
  1287. 47:28which is a really bad statistic. So if I
  1288. 47:31retired, quote unquote retired and
  1289. 47:33didn't show up, what would I be doing
  1290. 47:34today? And and but I I I'm excited about
  1291. 47:39my work. It keeps my mind fresh. I mean,
  1292. 47:42I see a lot of older guys and I think
  1293. 47:45their minds go to mush when they quit
  1294. 47:47being as stimulated as we are by the
  1295. 47:50law. Uh, you know, I mean, I think
  1296. 47:53that's really important.
  1297. 47:56So, as I age, uh, as I get older, I'm
  1298. 47:59trying to balance physicality and making
  1299. 48:01sure I try to stay healthy with work.
  1300. 48:04Okay. Uh it's only when I'm on trial
  1301. 48:06that that you're 247 kind of thing and
  1302. 48:09are full weekends and and so uh you know
  1303. 48:12I'm I'm just excited about I'm I've been
  1304. 48:15lucky to be able to invol be involved in
  1305. 48:18you know things that are stimulating and
  1306. 48:19they're intellectually instimulating to
  1307. 48:21me and that's important and then but I'm
  1308. 48:24still you know grandpa at 2:30 this
  1309. 48:25afternoon I'm going to pick my
  1310. 48:277-year-old grandson up from school and
  1311. 48:29we have a 4:00 chess lesson. That's the
  1312. 48:32exact life I want to have when uh in 20
  1313. 48:36years, you know, when I'm 76. I don't
  1314. 48:38know how old you are, but I mean, it's
  1315. 48:39uh you know, my people ask, "What do you
  1316. 48:42want to retire?" I'm like, "I don't
  1317. 48:43>> I'm 75 and I'm not I'm not going
  1318. 48:45anywhere."
  1319. 48:46>> Yeah. You know, I'm only 56. I've got
  1320. 48:48I've still got a kid at home, but I'
  1321. 48:49i've got a ways to go, but I mean, I
  1322. 48:50don't ever want to quit. This is fun.
  1323. 48:52You know, I think I think you love it.
  1324. 48:53And I think that's probably why you if
  1325. 48:55it brings you joy,
  1326. 48:57>> and I think that helps me be good at it.
  1327. 48:59>> Yeah. Absolutely. Yeah.
  1328. 49:01>> Well, thank you so much. I I got another
  1329. 49:03call in a minute. I wish I could talk to
  1330. 49:05you forever. Uh
  1331. 49:06>> well, then be in touch next time you're
  1332. 49:08in Chicago.
  1333. 49:09>> I will. Great. I really appreciate it.
  1334. 49:10And thank you so much. And thank you
  1335. 49:11everyone for joining us today on Trial
  1336. 49:13Learn Nation.

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