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    Jeffery Campiche

    Closing Argument Cover Aparna Pujar

    Jeffery Campiche

    Click here to listen to the full episode.
     
    I had two mentors. The first one was my father, who was a doctor, and he told me that we are in professions first, business second. We put our patient or our client first, and when we do that, we will be more successful. We will have more clients, more patients, and the people will know that if you’re all about making money and not about taking care of your client or your patient, you will not be as successful and it will not be as meaningful. When I would call him and tell him I made a lot of money in a case, he was never interested in that. He would say, how did you help your client? He just stayed with me on that. During those years where you’re a young clerk lawyer, sort of taken with yourself, and he really kept me humble. The other lawyer that was such a great guy to me was George Kargianas, and he was a terrific lawyer. But George always was polite with everyone, and he didn’t get into that, “All insurance companies are creeps, all insurance adjusters are jerks. They’re just trying to screw everybody over.”
     
    There’s a story from George I’ll never forget. If we were trying a railroad case, and the issue was that the couple had been killed when they were crossing the railroad track in a car. And the train hit them. And it was in a rural county in Washington state. And our theory was that the railroad had not cleared off the brush that got close to the track, and the driver of the car couldn’t see the train come, and it was an unmarked crossing.
     
    Halfway through the trial, the railroad company’s lawyer said, judge, I’ve got a new witness. I didn’t know about this person. And he saw the accident. Uh oh. It was a 15 year old kid, and his story was that the car started across the railroad track and then stalled. And then the train hit it. He hadn’t told anybody this. And the judge let him testify. So I’m sitting there next to George and I said, you know, I can’t think of a question for this kid George. He says, well, I’ll handle it, but it’s got to be polite. So George starts questioning the witness, the boy, Tommy. And George says well, are you by yourself here today, Tommy? And he said, no, I’ve got my parents. I see, and who’s that? Well, that’s my teacher. So this is pretty important. Yes. And you’re important. Well, yeah. But you’re probably used to that. Probably a great athlete, right? No, I didn’t really make the team. I see, well, you’re probably a straight A student, right? No. But today you’re important, aren’t you?. Yeah. But you didn’t see it, actually did you, Tommy? No, I’m sorry. And George said, I’m sorry, I had to ask that question, but I had to, Tommy. And he did it so nicely that the jury liked George. They didn’t dislike him for beating up that kid. And the kid probably wouldn’t have said no, I didn’t see it if I had done it, because I’d have gone right after him, right?
     

    And I learned something, and I learned that to be an effective trial lawyer, you have to be respectful even of the people you disagree with. And that’s how my practice has developed. And I think it’s been more successful. I get along very well with the opposing counsel. I don’t give away what I’m not supposed to, but I really believe in being polite and respectful. And I think Mr. Kargianas taught that, and I believe in putting my client first. And my dad taught me that, the doctor. His office was always jammed with patients. Because they all knew that Campiche cared about them.

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    Steven Barrett’s “Closing Argument”

    Closing Argument Steven Barrett

    Steven Barrett’s “Closing Argument”

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    I’m the chair of the litigation department, let alone the personal injury department at my firm. And one thing I have learned, and I impart this so often at our litigation meetings and when I’m mentoring associates, and even very talented associates. It never ceases to amaze me to just take that extra step, just take that extra deposition, just do that little bit more investigation. When things are telling you and you surmise a case and you learn a basic core set of facts, and we’re all smart, we’re all intelligent, we all have experience, and nobody’s better than anybody else. But sometimes we get, sort of, legal inertia. And what I mean by legal inertia, or lawyerly inertia, is that we do know it all. We have experience. We have a fair degree of precision of how we know where a case is going to end up, more likely than not, just from listening to the facts, understanding the client, and understanding the law that we’ve mastered in our particular discipline, whether it’s personal injury, whether it’s a dram shop act, whether it’s construction law or engineering. We all have very, very good experience, and we all have a fair degree of precision.
     

    But there’s a big ‘but’ I tell everybody.  Because I’ve learned that notwithstanding that, just to push the envelope and take that extra deposition of the representative from the corporation or you know what, let me just find out about that critical eye witness. Let me depose that person. I can’t tell you how often. And it’s sort of kitschy, it’s sort of common vernacular to say ‘gold mine.’ I don’t mean gold mine. When you do that extra step, when you push the envelope, gold on the right term, the term that I would use other than gold mine. It is a case changer. Where before you thought the case was exactly how you thought it was going to play out, and the discovery and some of the witnesses you’re taking are just confirming your own, what I’ll call, lawyerly inertia.

    Your own bias, and I don’t mean bias in a bad way. We all have bias when we look at cases. That’s why one client may go to another attorney and say, that attorney says, oh, you do have a case where the first attorney may say, I don’t think you do. So I don’t mean bias in that we have a prejudice, but bias in terms of what we bring to a case. And for a few extra hours and a few extra dollars of doing a deposition when you’re like, oh, should I really do this? I think I know where this case is going to end up. I can’t tell you. And it never ceases to amaze me. Where all of a sudden the case just blossoms, it takes on organically a whole new life. But what does that mean?

    That means, sure, you’re happy that you’re stuck to it, you went against that on your own lawyerly inertia, if you will, and you’ve proven yourself better, right? So it’s sort of a revelatory, and it is a satisfying feeling when you do that. But who benefits? It’s the client. To pick up the phone and tell the client, guess what? You’ll never believe what came out at that deposition. Everything you were saying about what you remember. And we couldn’t find any evidence of it. And your case was weak because we couldn’t find anything else or any evidence or any person to corroborate or confer with. Oh my goodness. I’ve had clients actually come to tears because they feel exonerated. They feel just by the fact that I pushed, got more evidence. And what they were saying was confirmed. And we’re not even saying the outcome of the case. We don’t even have a settlement yet. We don’t even have a verdict yet. The thankfulness that they express, somebody is listening to them. Somebody has heard them. That feeling of satisfaction that the client feels and that you feel in those moments. And unfortunately, they’re few and far between. There’s perfect order to the universe of what we do.

    I’ll say that one last time. When you’re thinking that there’s still a possibility and there’s a stone that is material stone, you know, not something that’s just some fringe stone, but a real material stone that you should unturn and uncover, go ahead and do that. I bet you more often than not, you’re going to find that there’s some real beneficial information that’s going to change, or at least greatly influence the case. And if there was anything I had to impart in 30 plus years of doing this, it’s just that. Because not only does it help the client and make the case more valuable, but it just, on a certain level, makes you personally gratified that you’re able to do that on behalf of somebody, and ultimately you get a better outcome.

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    Sylvia V. Gonzalez’s “Closing Argument”

    Closing Argument Cover Sylvia V. Gonzalez

    Sylvia V. Gonzalez’s “Closing Argument”

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    I guess, all my life, I’ve been told that I can’t do certain things. You know, and it all started even when I wanted to go to college. I told my parents that I wanted to go away to college, and I wanted to go to university. And they told me, you know, no, don’t do that. Just stay home and go to a junior college, you know, just stay here. And I didn’t want to do that. And so I went ahead and I applied to universities and I ended up going to UC Santa Barbara. And then after UC Santa Barbara, I really wanted to learn Spanish, and I wasn’t learning it here. And so I decided that I’m going to take a job in Central America as a teacher. And my parents said, no, you’re not going to Central America, you’re not going to go there, you’re going to stay here. But I told them, I’m the one that’s paying for it. I’ve decided that I’m going to go, and I think it’s a good opportunity. And so I went and I ended up staying there for a full year.
     

    When it came to law school, my parents were like, no, just become a teacher. Why do you want to go to law school? And I said, no, I want to go to law school. When I passed the bar, my parents never thought that I would be able to pass the bar. So I ended up passing the bar and, and they were very, very proud of me. But I always knew there were people in my life that didn’t believe that I could do that. But whenever I hear those discouraging comments, I feel encouraged. And I don’t know why. I don’t know where I got that from, but I do feel encouraged whenever I hear someone tell me that I can’t do something. And when they do tell me that I can’t do something, it drives me just to accomplish that. So I think that’s one thing that I would like to tell people is just when people tell you that you can’t do anything, or you can’t do something that you really want to do, just go ahead and do it. Just prove it to yourself that you can do it. And don’t let that stop you. Just do it.

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    Alyce Wittenstein’s “Closing Argument”

    Closing Argument Cover Alyce Wittenstein

    Alyce Wittenstein’s “Closing Argument”

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    I remember all throughout my life, because my father was a personal injury lawyer, how they were coming to take away our contingency fees and how, the same people that are now walking around with pitchforks supporting the orange guy were always trying to get rid of contingency fees because they’re dangerous. They’re dangerous because they hold corporations in check. Without contingency fees, people that didn’t have a lot of money couldn’t afford to hire attorneys to go up against big companies. It’s interesting they had these congressional hearings about social media and I was very surprised to hear Lindsey Graham talking about the importance of contingency fees and the ability to sue social media companies when children are harmed because of the lack of safeguards. That’s the problem with a lot of the other aspects of the legal profession.
     
    I think that they should allow contingency fees for divorces, which they don’t in New York. Which means that the poor person in the couple, which is usually the woman, and the woman is usually also saddled with juggling, working, and the care of the kids, even though they say it’s joint custody, the women end up most of the time still doing most of it. And having less money, and then they have to pay an attorney, but they don’t have the money to pay an attorney. So the wealthier person ends up completely screwing them.
     
    I think that contingency fees should be expanded so that more people have access to the law. One of the things I’d like to do, it’s on my bucket list, is to try to get some grants to handle these types of cases so that they can be prosecuted without charging people money they don’t have.
     

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    Daniel Horowitz’s “Closing Argument”

    Closing Argument Cover Daniel Horowitz

    Daniel Horowitz’s “Closing Argument”

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    I think I would like to share with people the concept of using the law to do good, but understanding how that balances with family obligation and the need to make money. Because I see so many people feeling like they have to achieve a social goal, make it a better world that we live in, and then just getting the heck beat out of them. And then I see so many people who pursue only money and forget that in the end when you die, you die with your memories of what you’ve done for people. You know, I think about my dad who’s 98 and my mom just passed and they don’t look back on how much money they made. They look back on all the children my mom helped when she was a school social worker and they look back on the young man my dad mentored when he was in trouble all the time and how he ended up having a family and joining the Navy. These are the things that my mom remembered and talked about, and my dad remembers about her and talks about now. So what does that have to do with being a lawyer? Well, I’ll tell you a story about that.
     

    When I wanted to be a lawyer, my mom said, look, you know your cousin Marty Garbus. You know, Marty is probably the most famous First Amendment lawyer in the country. He’s represented President Reagan, the Nazis who wanted to march in Skokie, Lenny Bruce, the comedian. He’s had four civil rights cases in the Supreme Court that got people voting rights. I want you to talk to him about your goals because I support you in your goal to be a lawyer to help the working people and make things right. But I want you to talk to Marty. So we all went to lunch. My mom had actually raised Marty after his mom died. They were very close. And Marty said, look, to be a lawyer who’s successful and does good in the world, just remember that you have to have money behind you. You have to have financial strength.

    And he said, let me give you an example. And he went through all the famous lawyers of the sixties. You remember William Kunstler, Dan, you know him? I go, yeah, I know William Kunstler. He’s famous. Well, did you know that his girlfriend inherited millions of dollars and she supports him? No, I didn’t know that. I just thought he got his money from his cases. All right, now you know. And he went through the list of all of these sixties radical icons and told me their source of money. He said, how are you going to do a case if you can’t pay for an investigator, if you can’t pay for paralegals? They’re not going to work for free. So he said, you’ve got to balance making money with doing good. And he said, then you will have achieved your true goals, but don’t be embarrassed to ask to be paid from people who can afford it. So if you look at a personal injury practice, for example, does that support your civil rights work?

    The case that I’m doing that I talked about earlier, I talked about this child who was killed by John Muir Hospital and how we are fighting to improve John Muir Hospital. If I didn’t have financial strength, could I have laid out the money to handle that case? So never be embarrassed to make money, and never be embarrassed to have heart, because they go together and they don’t contradict. So remember what my mom did with her career, helping people, what my dad did helping people, not just with that young man, but his whole career was helping the working people save money and buy houses. And remember young lawyers that use something like CloudLex, use the tools, go to bar meetings, ask people for help, and contribute to your community, but always take care of yourself and your family. They go together and they bind together, they’ll make you strong, and they’ll make it a better world too.

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    Hunter Shkolnik’s “Closing Argument”

    Hunter Shkolnik - "Celebrating Justice" Ep. #1 - Closing Argument

    Hunter Shkolnik’s “Closing Argument”

    Click here to listen to the full episode.
     
    What is, I think, really important to understand is, you know, I got into being a lawyer kind of by accident. But over the years, I realized that the tools we were given, the tools I was given, the opportunities that it opened up, allowed me to do a lot of good. I’m very lucky. I have a wonderful family, grown daughters. One of them is a lawyer that works with me now. And to be able to work alongside her is something I never, ever imagined. But to be able to instill in her, as well as every other young lawyer that has worked with us or come across my path, I try to make it an opportunity to help them and help them grow.
     

    I think the opportunities for young lawyers today are not the same opportunities we had, and it’s a shame. It’s a skill that you don’t get taught. It’s a skill you have to learn. So I get to bring young lawyers with me, and I think I have a great opportunity to show the younger lawyers, the younger people, you know, how to do this, how to do it right, how to do it professionally, ethically. And it may sound corny, but there are people that depend on us. Some of my worst experiences in this space are always the cases I’ve lost. And any lawyer who says they don’t lose cases, in essence, hasn’t tried cases. And when I see families that need anything and everything I can get to survive, and for whatever reason, a jury disagrees or we lose the case, that’s devastating. And I always kind of second guess myself, “What did I do wrong?” And I try to bring those types of, you know, experiences to other lawyers, younger lawyers we’re working with, so that they understand you’re not always going to be perfect. You got to gamble. I don’t go to Vegas and put money on tables. I can walk through a casino and never lose a penny. But I go into courtrooms and I let millions of dollars, in these days billions of dollars, ride. And I just say we’re gonna let it ride today. And we’re doing that because big companies should be required to take care of the mistakes they’ve made, the messes they’ve made, and the people we represent should get compensated. And I’d like to know I’m helping the next generation of those lawyers doing what we’re doing.

    And they’re going to do what I did in multiples.

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