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Trial Lawyer’s Journal is built on the voices of trial lawyers like you. Share your journey, insights, and experiences through articles, interviews, and our podcast, Celebrating Justice.

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    Geoff Meyerkord’s “Closing Argument”

    Closing Argument Cover Geoff Meyerkord

    Geoff Meyerkord’s “Closing Argument”

    Click here to listen to the full episode.
     
    It’s important that people be accountable for their actions. And it’s important that they be made to take responsibility when they’ve done something wrong and that dangerous conduct hurts someone or worse. We’re a country of second chances, yes, but we’re also a country that likes it when people accept responsibility. And it’s amazing, isn’t it, that it seems like that is one of the most difficult things to do. For many people, it’s hard. It’s hard to the extent that they’re willing to perjure themselves, they’re willing to fib. Just to avoid responsibility.
     
    I sometimes think it’s not even about the money. It’s more of a personal thing. So our definition of justice includes accountability, being responsible, and you’re going to get a second chance. Heck, you might even get a third chance. So we have to have a system to hold people to account. And what is that system? Well, we have two systems. We have a criminal justice system, and we have a justice system. And I’m on the civil side.
     
    We use the civil justice system to not only manage disputes, but we use it to right wrongs and we use it as a way for the community represented by the jury to make a pronouncement about conduct being dangerous and inappropriate, not acceptable or permissible. So we have the jury do that, and that justice that comes from a jury verdict, the amount of emotional energy that a defendant in our cases feels about not fessing up, not admitting a wrong. Well, that same amount of emotional energy is in my clients in terms of pent up demand for a pronouncement of apology. And if you’re not going to get an apology, then the next best thing is the community will make that apology for the defendant through a jury verdict.
     
    I sometimes think that it’s not about the money for a defendant. Well, I oftentimes believe that it’s not about the money for my clients. How many times have we plaintiff lawyers had a client tell us, “It’s not about the money, it’s not about the money?” I guess when I was younger, I was cynical and I didn’t believe that, but I certainly do now. So my closing argument is that thank goodness that we have a justice system. Thank goodness that we have a civil justice system that allows jury trials. It’s so important. Our democracy may not be perfect. We know it’s not perfect because we know mistakes can happen. But find for me a more fair and balanced system.
     

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    Brian Chase’s “Closing Argument”

    Closing Argument Cover Brian Chase

    Brian Chase’s “Closing Argument”

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    I’ve been doing this for 31 years, and so you have so many impactful moments to where that just grows you as a trial lawyer and your law firm and things like that. But I think back to the first seven figure result I got back in the 90s so that was a bigger deal than it would be now obviously. But it was Bisnar and Associates back in those days and I had this difficult case.

    I have a letter I used to have framed where the lawyer said the case was the biggest sham he’d ever seen and they would never pay a penny. Just a real arrogant letter. Long story short, we litigated it. It was a very righteous case. Started the trial and then the case settled in seven figures. And the impact of that isn’t so much the result, although personally it’s always nice to get a good result like that. And I really loved it for my client, Dorothy Darnell. I’ll never forget her. But that result allowed me to form my partnership with John Bisnar.

    So that was the beginning of Bisnar and Chase. And then from there, John and I, maybe for younger lawyers when they’re trying to figure out how to grow their law firm, you know, John and I partnered up and we went from just your sort of generic personal injury law firm doing the ordinary everyday cases (although I’m reluctant to say that because no case is ordinary). They’re very personal for each person.

    Back at that moment when I got that result and I partnered up with John, he was a great marketer. We had a website back when it was thought to be cheesy. I was actually against it. I go, “We don’t need a website. Our clients don’t have computers.” So John took over running the business and running the marketing. He didn’t want to try cases. And then that just gave me free rein and he gave me full support to be in trial all the time. And so one of the biggest impacts was Dorothy Darnell’s case. It allowed me to do some really good work, get my name on the map a little bit with that settlement. But then what John and I have been able to do over the last 30 years from there, I mean, you know, it’s mind boggling. Then I can go every few years with another landmark thing that allows us to get to another level and to another landmark thing to get to another level.

    As I was saying earlier, I think whenever I talk to younger lawyers, you’ve always got to keep hustling. I mean, I go back to “You’re always a hamster on a wheel.” I don’t care if you’re 30 years old or 75 or 80 years old, if you’re still practicing, you know, you’ve got to keep on grinding, which is why you have to love it. I don’t feel like what I do is a grind at all. I love what I do. I have a big passion for what I do. I look forward to being a bigger hamster on a bigger wheel. I’ve got no desire to get off of it. There’s no shortcuts. You just gotta put in the time. And I learned that going all the way back to the Baby Faye where I spent, you know, four days in the basement scouring through microfiche. Now, to some people, they’d rather put a toothpick in their eye than do that. For me, I’m like, “My God, this is amazing.” And I still have that same fire and desire today. Now, a gazillion years later.

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    Cynthia Attard’s “Closing Argument”

    Closing Argument Cover Cynthia Attard

    Cynthia Attard’s “Closing Argument”

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    One thing I could suggest to everyone on the plaintiff’s side, when you’re going to pick your jury, because that’s really where it counts. Connect. Connect with them. During my select, I literally pull a chair up, sort of standing over everybody and talking around them, and just sit down and talk to them face to face. Last thing they want is to look at an attorney and be intimidated or felt like they’re being talked down to. I’ve seen a lot of attorneys that come in there and they just feel like they have to impose this persona of being elite. Every attorney will become elite in their own way, but you don’t have to act it. It’ll happen on its own.
     

    Take your time. Take your time to learn your clients. Take your time to learn the law. There’s a lot of new attorneys out there that feel that they know everything. And you never know everything. It’s about realizing that there’s always something new that you’re going to learn every day. I wouldn’t be able to be as successful as I am today if it weren’t for the people around me. I mean just my family, I mean for the ones that work with me day in and day out. The ones we spend most of our time with.

    The last message I want to throw out there to all the attorneys, don’t settle for those low numbers. Let the defense counsel know what you’re about. You’re not going to shy down to the fight. Hold your ground, because there’s money to be made out there. And I look forward to it every single time I walk into the court.

    Click here to view Cynthia’s Profile.

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    Michael Harris’ “Closing Argument”

    Closing Argument Cover Michael Harris

    Michael Harris’ “Closing Argument”

    Click here to listen to the full episode.
     
    Probably the most impactful moment was my very first trial that I lost. It was a contested liability case. It was a domino-effect-type car collision. And there were a couple different red cars and my client was in a red car and had been hit from behind. And they disputed that he was in the crash because there was a second crash up ahead. And they thought that, you know, we had picked the wrong crash, so to speak. And, you know, accident reconstructions are being hired. My very first trial. And I’m nervous and there’s only one question going to the jury. And it’s, “Was this individual in this crash?” And if they were, we’re getting paid. If not, it’s a loss. And I’m so confident. I prepared really well and got into a place. Think this was my second year of practice where I felt confident enough to go in there and handle business. And we lost that trial.
     
    It was a quick deliberation and they told us no quickly. And I remember just the sinking feeling in the pit of my stomach and it just felt so bad. Probably shed some tears and was just so frustrated and felt like, man, all this work and I come out with a loss and maybe I’m not as good as I think I am or think I’m gonna be.

    Another mentor I had at the time, I law clerked for him while I was waiting for the bar exam. Results come in, his name is Paul Marin, out of Long Beach, another shout out, great guy. I called him and I tell him about it he’s like, “Okay.” He’s like, “Yeah, that makes sense.” “What do you mean?” “Well, yeah, I mean, I can see how you could lose that too. I mean, sure, you’re gonna lose many more. So, test yourself up and go hang on the next one. There’ll be better cases, bigger cases. You’re gonna win some, you’re definitely gonna lose some. So what, you’re a smart guy, you’ll figure it out.”

    And he was just so nonchalant and cavalier about it, but not in an indifferent way, but just, “This is what happens and this is what we do.” And this is not like a defining thing. It just teaches you something that you can use the next time around. And I think that that’s something I’ve really tried to hold onto throughout my career, is that my job is to do whatever I can within my power to make this outcome for my client and if that’s, you know, advising them to settle when they need to settle, great. If that’s advising them to go to task and go to trial and try and really get what you deserve and what’s fair, let’s do that. But no matter what happens along the way, you just have to look at it as an opportunity to put something from that experience forward in the next.

    Another lawyer I once met a long time ago, I forget his name to be quite frank, he once told me, “It’s the height of arrogance to think that this is about you. It’s not about you. It’s never about us. It’s always about the client. You have your pity party for one night if you take an L and then you wake up the next day and go work for the next client that needs you. Don’t make it about yourself.” True words have really never been spoken as it relates to trial lawyers. It’s true. You just gotta do it. You take L’s, you’re gonna have great wins, you’re gonna have really crappy losses, but you get up, you do it again the next day, and you do it because those people need you to do that job.

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    Brewster Rawls’ “Closing Argument”

    Closing Argument Cover Brewster Rawls

    Brewster Rawls’ “Closing Argument”

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    We need to have lawyers who are able to try cases. It scares me that right now the number of jury trials is dropping. And that experience is just not always available to people. And this is a business that you learn by doing. It’s like riding a bicycle, you can read about it all you like, you can be an expert on it, but you’ve got to go out there and actually do it, and people need experience. And if I were king of the world, if you will, I would try to figure out a way that we get young lawyers to have that experience. Harkening back to, to my early times in the wilds of Southwest Virginia, I learned how to handle cases, I learned how to try cases, and yeah, they were low value, piddly little cases, really.
     

    But they were mine and I learned it. And right now you’re not seeing people who get that kind of experience anywhere. And we need that because there will always be a need for lawyers who are really able to try cases. I’m very proud of the fact that I am a trial lawyer. I’m not a litigator. I don’t flog the file and then settle it at the last minute. Didn’t do it as a defense lawyer. I don’t do it now. And you’ve got to be able to go in and present a case to a court or a jury and be able to do it effectively. I think that is absolutely critical for justice in our country. And I would say that even as a defense lawyer, you’ve got to have that ability to go in there and present the case.

    Yes, if everybody’s doing everything right, and cases are being evaluated right, and being worked up right, the vast majority of them will settle. And they should settle, but there are ones that will not. And it is painful to go to court and watch some lawyer who just has no idea what he or she is doing. Not because they’re a bad individual, not because they’re dumb, they just simply haven’t had the experience. We need trial lawyers.

    Let me give you kind of an example of what happens when you don’t have an ability to go to court on something. Active duty military members could not sue for many years under the Federal Drug Claims Act simply because they were on active duty. End of discussion. They could cut the wrong leg off, kill them, didn’t matter. Too bad. What was called the Ferries Doctrine barred it. Well, about three or four years ago, Congress did fix ferries. So they didn’t really fix it, because they enabled a provision where you could bring a claim for malpractice in a military hospital, but there was no recourse of being able to go to court. So, guess how well that has worked? The Army, the Air Force, and the Navy, they’re sort of like, “Eh, so what?,” you know? “We’ll get to it when we get to it, and like, no, we’re not going to pay you anything on that. You don’t like it? Oh, too bad. Too bad.”

    And we’ve also dealt with that in what’s called the Military Claims Act, which are for overseas claims where, I mean, one of the worst cases I ever saw was where they just killed a baby in Korea. They just killed the baby. And the Army comes along and says, “Oh, we’ll pay you $125,000 for it, $125,000.” And I said, “Well, but look at this case, look at that.” It doesn’t matter, this is an MCA case. In the end of the day, it’s like, take it or leave it, you have no recourse. You’ve got to have that ability to have a recourse to court and you’ve got to have people who can go to court.

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    Mike Morse’s “Closing Argument”

    Closing Argument Cover Mike Morse

    Mike Morse’s “Closing Argument”

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    I love this profession. I love helping people. I love helping other lawyers get to where I feel like I’m at, which is working in my sweet spot, which I define as working on things I love to do and things I’m great at. I’ve helped over 40,000 clients throughout my career. I’m handling thousands of cases right now, but what’s moving me now is helping lawyers be happier, helping lawyers be better. And that lights me up. I’m seeing lawyers become happier. I’m seeing lawyers move into their sweet spots, making less money while being able to be home with their children more. I’ve never been a workaholic, and I think some of these business skills that we’re teaching about delegation and having great teams and making sure you’re hiring the right people is so important.
     
    Right now, I’m super pumped up about helping law firms and law firm owners figure out their “Cherry Garcia” and, you know, making their firms more fireproof. All they need to do is understand that their law firms are businesses. Some people call my firm the best-run firm in the country. I’m still working on my firm every week, and so I encourage others to do the same thing. And I’m just out there now teaching firms how to make sure you’re ready for that disaster in your market. And I think that if you do the things that we talk about in Fireproof, you wouldn’t have to shut down for an earthquake, for a tornado, for a hurricane, for COVID, for a fire. I’d love to see every lawyer in the country in a mastermind one day, whether it’s run by Fireproof or run by somebody else.
     
    They are just so helpful, and I don’t think everybody even knows about them. I’m going to keep meeting new people, keep getting on stages and sharing all of this fun stuff, encouraging law firms to take on that case that’s not going to make you any money, but it’s going to make you a better person. It’s going to make your law firm better. It’s going to make your lawyers love you. It’s going to make your communities be in awe of you and why you’re taking it. In these cases, these things are not that hard. You just have to commit to them and think differently.
     

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    Michael Stephenson’s “Closing Argument”

    Closing Argument Cover Michael Stephenson

    Michael Stephenson’s “Closing Argument”

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    One thing I would love to just bring more awareness to is the good that civil litigation and plaintiff side personal injury and plaintiff’s litigation in general does. It’s been so demonized in pop culture for decades, right? Like I remember being a kid and watching The Simpsons and I loved that show. But the only lawyer in that show is like the shadiest personal injury lawyer that I think was like trying to get his clients to injure themselves so then he could represent them and make all this money and another show I loved when I was young was Seinfeld, right? And the lawyer in that is always doing something with Kramer where they’re gonna sue the coffee company and blah blah blah.
     
    And I think those are funny, you know, those are funny things to have happen in a show. I think unfortunately it disguises what’s really going on. What I see going on in the world so much in my work is corporations taking advantage of people. And those corporations could be Uber, Lyft, various insurance companies, could be Amazon, Facebook, anybody, really. And the only way that we as individual people have to stand up for ourselves and enforce our rights and force a corporation to ever do the right thing is to sue them typically. I think we’re all frustrated with politics. It feels like our voices don’t matter. And in many ways, our voices don’t really do much when all we can do is vote.
     
    But when a corporation does something to you that’s wrong or to a loved one that’s wrong, you actually sometimes have the power to go into a courtroom and talk to 12 people in that jury box that are just like you. If you explain it clearly enough and you might need a lawyer to help explain it, often the right thing will happen. And if the jury and the judge tell, it could be the biggest corporation in the world. If they tell that corporation, you have to pay back so -and -so, or you have to make it right, you have to compensate them for the harm that you caused, then they have to do it. And it’s one of the most powerful things that you can do for good in the world.
     

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    Brian Glass’s “Closing Argument”

    Closing Argument Cover Brian Glass

    Brian Glass’s “Closing Argument”

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    As a human being first, but as a lawyer second, you have this one -way journey through life and you only get to experience it once. And most lawyers spend so much time chasing the next case and the next dollar and the next promotion and title, you know, without ever really thinking about where is it that I want to be at the end of all of this.
     

    And recognizing that our industry is near the top, if not at the top, in terms of anxiety, depression, suicide, alcoholism, divorce, all those things that you want to avoid. But we also make a lot of money. And there are ways in your career to pull two levers, to make more money and to spend less money, to create options for yourself, even if you’re somebody who graduated law school with $150,000, $200,000 in debt. And life is all about having those options so that when you get to pivot points, you can say, no, I don’t want to do this anymore. I don’t want to do this kind of law anymore. I don’t want to live here anymore. And creating the ability to go and, you know, kind of live the life that you want to live. I call it “Living Life by Design.”

    And so one pivotal moment for me and the reason that I joined my dad’s firm back in 2019, I was at a firm, I was a partner, I’d been a partner only for about 18 months. My name was on the door. A couple of things happened. We had somebody quit. We made a decision not to expand office space into the office next door. And then my wife, when she gave birth to our third boy, like almost died. 16 units of blood transfused. She was in the ICU for a couple of days. He was in the NICU for 10 days. And at the time my dad was 60 and I just thought like, if I don’t go and do it now, I might never get a chance to go and practice with them.

    And having the ability in your life to make those kinds of life altering decisions is really important. And knowing, at the end of the day, what it is that you want. And one of the things that I wanted before we got to the end of my career was a chance to practice with my dad. And he’s gone through a little bit of a health scare this year. And so we’re working through that and we’ve built here now a firm that’s grown 4X in the five years that we’ve been here and it’s a lot of fun.

    If you find yourself in a practice and it’s not a lot of fun, you want to have the flexibility and the capability to hit the reset button and go and do something that is, because that’s why we’re here. So I’m 40. Statistically speaking, I’m half way through my life. But by the time you’re 65, you maybe can’t do all the things that you can do at 40. And so not putting off until the end of your life, the travel and the time with family.

    Most lawyers were just not very intentional about our careers and our lives. And so I would challenge lawyers to spend a little bit of time thinking about what the hell do I actually want out of this thing? And then what would I have to sacrifice in order to get it?

     

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    Steven R. Young’s “Closing Argument”

    Closing Argument Cover Steven R. Young

    Steven R. Young’s “Closing Argument”

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    All of the verdicts that I have obtained, one that was particularly satisfying for me was on behalf of a guy with an economics degree from UCLA who had developed a real estate business in Colorado, lived in California, had several homes here, and he had lost it all. He was involved in an automobile accident. He was hit. He developed something called thoracic outlet syndrome. And it is incredibly painful and debilitating. And the insurance company wouldn’t pay, his own insurance company.
     
    The attorney who was handling the case came to me and said, can you try this for us? I met with the client because that’s the most important thing, I have to know whether I can connect with the client. I have to know whether I believe the client, I have to know whether I like the client. Because if I’m going to trial, I have to actually love the client. Because if I don’t, the case is flat. There’s nothing to reach out and touch the jurors with. And the way you do that is with your love for your client.
     
    So he’s sitting in my conference room, kind of slouched, chin on his chest, a hand holding up his face, and he periodically would look over his fingers, as I was talking. So we had our meeting with the attorney who told us all about the case, and the client complained about what had happened. And I said to the attorney and the client, there’s a significant challenge in this case, and I don’t know if I can overcome that. He says, What’s the challenge?
     
    So the challenge is sitting across the table from me. Your client projects an arrogant, disinterested, uncaring attitude. I think if he’s willing to work on it, that we can shape him. If he goes into trial like this, the jury’s going to reject him. Just like he’s rejecting everybody across the table from him. I said, are you willing to work on this? And he said, after thinking, yeah, I’ll work on it. Didn’t seem too convincing. So I said, okay, if you’re willing to work, I’m willing to take the case.
     
    But we needed to figure out how to quantify damages. To me, that was the biggest challenge in the case. I found someone who had been a real estate developer in Colorado, and I found an appraiser who did appraisals for the county tax assessor, and I got the doctors I needed. And one of the attorneys that worked for me found a bad faith expert. So we went to trial and the trial was dirty. For some reason, the insurance company just pulled out every dirty trick in the book. And the trial was a war. I didn’t understand it because it shouldn’t feel that way to me, but they were making it a war. We get to the end of the case and I give a closing argument and it was a good one. The jury gave me $10 million.
     
    We then shifted into the punitive phase because the trial was bifurcated. So the second phase was on the insurance company’s net worth. What should we hit them with the punitive damages? The firm, which is a huge defense firm, brought in their California manager to try the second phase of the trial. And he was smooth and he was slick. And we made our arguments. And I gave my closing argument and I asked for $60 million in punitives. And they came back with an award of $13 million in punitives. And I ended up with a total verdict of $23 million. Now, the reason that I would take this to tell you is not because it’s an eight figure verdict, but because of what happened after the first phase verdict.
     

    When the jury read its verdict and gave me, to the penny, everything that I asked for, there was a scream in the courtroom. It came from behind me. I turned around to see what it was. It was my client. He had collapsed into tears, crying openly like a baby in front of the jury, in front of the judge, in front of me. He did not care that anyone saw him, because he saw that his destroyed life had been returned. He had a way to go back into business, to get houses back, to rebuild from what this company stole from him. That is the joy and glory of being a trial attorney.

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    D.L. Rencher’s “Closing Argument”

    Closing Argument Cover DL Rencher

    D.L. Rencher’s “Closing Argument”

    Click here to listen to the full episode.
     
    I’ve touched on it a little bit. No matter what your background is, you can do what your heart desires, if you put enough time, energy, and effort. I wasn’t dealt the best hand in terms of coming up, but I had two loving parents and loved each other. They fought. I lost one very early on and I had to fight and take care of my mother. And so not to just talk about myself in terms of my struggles, but I know that if you really put your mind to something, that you can accomplish it, especially through law school. One of my mottos is that whenever you approach a wall, you have the ability to do a couple of things. You can go over the wall, you can go around the wall, and if the wall doesn’t move, you can go through it. And I mean that. And that’s how you have to be: relentless in your approach, in what you do. And if you believe in yourself that you can accomplish it and become a lawyer, then you can. I always had to talk to be a lawyer, and everybody told me that I was capable of being a lawyer. I didn’t know that myself, and I had to find that out myself.
     

    Like I said, when I got my LSAT scores, they weren’t the best. I got into law school, said, hey, you know what? This might not be the place for you, your first year, first semester. I had to turn things around, and I had to look at myself in the mirror and say, do you want this? Go get it and live for that, and that’s what I do. Early on, I interned in the district attorney’s office. I did some criminal defense. Then I did medical malpractice defense for about five years. Then after that, I started to see a different path, a path where I could really take what all I have to bear to the table for my clients, which is myself and my experiences and understanding their experiences will give me the edge in their case. And that’s why I use the word tireless, relentless. Because I accept that awesome responsibility and I advocate for them and I go for it. We truly have people’s lives on our hands, understanding that carries with it, a great deal of responsibility and awesome responsibility. And so whatever you have to grapple with, whatever you have to bring to the table, bring it full force because this is where it matters. This is the arena of litigation.

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