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Podcast
Bad Law Worse Facts
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A podcast for young attorneys. We collaborate with successful attorneys to bring young attorneys bits of wisdom. Whether it is choosing your practice or strengthening your trial technique. A podcast that takes a whimsical stance on serious topics
A podcast for young attorneys. We collaborate with successful attorneys to bring young attorneys bits of wisdom. Whether it is choosing your practice or strengthening your trial technique. A podcast that takes a whimsical stance on serious topics
Cleaner Processes with SOPS w Andrew Mckinnon
Episode in
Bad Law Worse Facts
Summary
In this episode, host Michael Takla interviews Andrew McKinnon, a defense attorney who transitioned to the plaintiff side. They discuss Andrew's journey, the importance of trial experience, effective communication in legal practice, and the implementation of standard operating procedures in law firms. Andrew shares insights on client preparation, the significance of human damages in cases, and innovative approaches in depositions. The conversation also touches on networking, community involvement, and advice for aspiring attorneys.
Takeaways
Andrew McKinnon shares his journey from defense to plaintiff side.
The importance of trial experience is emphasized throughout the conversation.
Effective communication and reporting are crucial in defense work.
Human damages play a significant role in case outcomes.
Client storytelling is essential for successful case preparation.
Standard operating procedures can streamline law firm operations.
Delegation and automation can enhance efficiency in legal practice.
Mentorship and learning from experienced attorneys are invaluable.
Innovative approaches in depositions can make a difference in case strategy.
Networking and community involvement are key for career growth.
Chapters
00:00 Introduction to Andrew McKinnon and His Background
02:43 Transitioning from Defense to Plaintiff Work
05:24 Understanding the Defense Perspective
08:07 The Importance of Trial Experience
11:04 Key Reporting Requirements in Defense Cases
13:44 The Role of Human Damages in Cases
16:35 Standard Operating Procedures for Law Firms
19:07 Implementing Effective Intake Procedures
24:25 Building Client Relationships
26:17 Effective Delegation and Trust in Teams
27:29 Establishing Key Performance Indicators
29:02 Innovative Approaches in Litigation
31:37 Reflections on Early Career Choices
36:18 Networking and Community Involvement
39:19 Learning from Experience and Mentorship
46:58
You Stand on the Side of the Right w Sari De la Motte
Episode in
Bad Law Worse Facts
In this episode, Michael and Sari discuss the intricacies of jury selection, the importance of understanding juror bias, and the application of the funnel method in trial strategy. They emphasize the need for attorneys to engage jurors through personal experiences and the significance of practicing trial skills. The conversation also highlights the mindset required for attorneys to effectively communicate with juries and the critical role of damages in trials.
Takeaways
Bias is inherent in jurors; understanding it is crucial.
Jurors are not the enemy; they can be motivated to act.
Principle-centered voir dire focuses on universal truths.
The funnel method guides jurors to key principles.
Engaging jurors through personal experiences can be effective.
Practice is essential for trial preparation and success.
Mindset impacts how jurors perceive attorneys and cases.
Asking for damages requires confidence and clarity.
Money is a tool for justice, not a taboo subject.
There are no bad answers in jury selection; they can be leveraged.
37:31
Season 4 Intro
Episode in
Bad Law Worse Facts
Welcome to a new season of Bad Law, Worse Facts!
We’re back with more real stories and practical lessons from the courtroom. This season, we’ll take on topics that matter deeply to trial lawyers and clients alike:
Inclusive voir dire – building juries that reflect fairness and diversity.
Clear and concise depositions – how precise questioning can make or break your case.
Traumatic brain injuries – exploring the medical, legal, and human challenges behind these high-stakes cases.
And, as always, we’ll highlight cases where bad law collides with even worse facts—reminding us why this profession is never dull.
Join us for Season 4 of Bad Law, Worse Facts, where strategy, storytelling, and the strangest cases meet.
05:24
Revolutionizing Law: The Remote Practice
Episode in
Bad Law Worse Facts
In this episode, Michael Takla interviews Katie James, a Texas licensed attorney who has successfully transitioned to a remote law practice while utilizing technology and AI to enhance efficiency. They discuss the challenges and benefits of remote work, the integration of AI in legal processes, and the importance of effective task management systems. Katie shares her experiences with various legal tech tools, including Even Up and Hona, and emphasizes the need for continuous improvement in legal practices. The conversation highlights the evolving landscape of law in the digital age and the balance between technology and the human element in legal services.
Chapters
00:00 Remote Law Practice: Breaking Boundaries
06:01 Harnessing AI in Legal Workflows
11:52 Streamlining Task Management with Technology
23:31 The Impact of Technology on Legal Efficiency
25:55 Continuous Improvement in Legal Systems
27:56 Maximizing Technology for Law Firm Efficiency
30:23 The Importance of Client Communication
32:30 Receptionist Services and Call Management
39:14 AI in Legal Practice: Opportunities and Challenges
44:29 Conclusion and Contact Information
40:45
How Defense Wins w Stephanie Rhima
Episode in
Bad Law Worse Facts
In this conversation, Stephanie Rhima, an experienced defense attorney, discusses her approach to jury trials, emphasizing the importance of embracing facts, accountability, and understanding medical evidence. She shares insights on how to prepare clients for depositions, the significance of witness impressions, and strategies for both defense and plaintiff attorneys. Rhima also highlights the critical role of jury selection and the need for reasonable expectations regarding damages in trial outcomes. In this conversation, Stephanie M. Rhima and the host discuss various aspects of legal practice, focusing on the challenges faced in disputed cases, the importance of ethical considerations, and the dynamics of jury perception. They explore trial strategies, the role of evidence, and the necessity of maintaining credibility with jurors. The discussion also touches on the implications of attorney-driven cases and the need for transparency in legal claims, emphasizing proactive approaches to legal representation.
44:42
From Defense to Plaintiff: Pitfalls to Avoid in Your Case
Episode in
Bad Law Worse Facts
Summary
In this conversation, Michael Pita shares his journey from being a defense attorney to transitioning into the plaintiff's side of law. He discusses the importance of understanding both perspectives in cases. Pita emphasizes the significance of credibility, managing client expectations, and the role of medical records in trials. He also highlights the need for attorneys to maintain professional relationships and the challenges of engaging with clients who are more involved in their cases. The discussion provides valuable insights into trial strategies and the dynamics of the legal profession.
Chapters
00:00 Introduction to Michael Pita's Journey
02:59 Transition from Defense to Plaintiff's Side
05:38 Understanding Jury Dynamics and Credibility
08:35 The Importance of Medical Records in Trials
11:17 Navigating Claims and Trial Strategies
14:15 The Role of Anchoring in Verdicts
17:18 Strategic Case Evaluation and Preparation
23:14 Humanizing the Defendant
29:42 Navigating the Plaintiff's Perspective
32:24 Transitioning from Defense to Plaintiff
41:07 Building Relationships in Law
45:08
Finding Your Why: The Key to Legal Success w Sean Claggett
Episode in
Bad Law Worse Facts
In this conversation, Sean Claggett shares his journey as a trial lawyer, emphasizing the importance of understanding one's 'why' in legal practice. He discusses how big data and focus groups have transformed his approach to trial strategy, allowing him to achieve significant verdicts, including a notable $480 million case. Claggett advocates for financial responsibility among lawyers to make better decisions for their clients and stresses the need for continuous learning and adaptation in the legal field. He provides valuable advice for young attorneys on how to improve their skills and understanding of the law.
01:01:40
Being Aggressive and Staying on Offense as a Plaintiff Attorney w David Bergen
Episode in
Bad Law Worse Facts
David Bergen from the Buzbee law firm discusses a case involving a mining accident that resulted in a wrongful death. Initially, the defense claimed it was operator error and blamed the deceased for the accident. However, through extensive investigation and depositions, Bergen discovered evidence that the brakes on the truck had been systematically failing. He also found witnesses who testified to the company's negligence in addressing the brake issue. The case ultimately resulted in a settlement with the company tendering all of their insurance and issuing a letter of apology to the family. In this conversation, David Bergen discusses two different cases and the strategies he used to achieve successful outcomes. In the first case, he talks about a wrongful death lawsuit involving a trucking accident. Despite facing challenges with liability and limited damages, Bergen was able to secure a settlement of nearly $22 million by uncovering hidden evidence and presenting a compelling case to the jury. In the second case, Bergen shares how he turned a seemingly minor rear-end car accident into a significant lawsuit by focusing on the defendant's negligence in sending an inexperienced driver from Australia to Houston. He emphasizes the importance of digging deep, finding evidence, and creating a strong narrative to maximize the value of a case.
46:37
Michael Takla Interview on the Dirty Verdict
Episode in
Bad Law Worse Facts
Michael Takla went on the Dirty Verdict's Podcast to discuss his background, why he became a plaintiff lawyer, and how he gets cases resolved.
Main Topics Discussed:
-The hosts' playful banter, including Kyle's Schwarzenegger impression and a roast session with Mike Takla.
-Mike Takla’s legal podcast Bad Law and his experiences with notable guests like Randy Sorrels.
-A deep dive into Mike's journey from law school to starting his own law firm, including his challenges and successes.
-The importance of professionalism and mental health in the legal profession.
-Personal anecdotes, including Mike's experience with his father's heart attack and how it influenced his career.
-A discussion on legal cases, including construction accidents and dram shop cases.
-The difficulties and rewards of running a law firm and navigating the business side of law.
Tune in for an episode filled with laughter, legal insights, and real-life stories that will resonate with anyone in the legal field or curious about the life of a lawyer.
56:54
Big Rig Justice w Michael Cowen
Episode in
Bad Law Worse Facts
We sat down with Michael Cowen, Partner of Cowen Rodriguez Peacok, author of Big Rig Justice, and host of Trial Lawyer Nation. We spoke about trucking cases and his most recent verdict of $4 million dollars on a tough liability trucking case.
Want the book? Use promo code BLWF10 at Trial Guides to get 10% off your purchase.
57:10
A Different Approach to Stowers Bad Faith w Shane McGuire
Episode in
Bad Law Worse Facts
Shane McGuire shares a case where he turned a default judgment of $500,000.00 into a $2.5 million settlement.
Sea Harbor, the insurance company, failed to show up at trial, resulting in a default judgment. Shane used the DTPA action instead of the utilizing the Stowers assignment option.
During depositions, he uncovered evidence of the insurance company's refusal to pay claims. Ultimately, Shane negotiated a $2.5 million settlement for his client. In this conversation, the speaker discusses a case involving an insurance company and the strategies used to maximize the settlement. The speaker highlights the importance of understanding the insurance company's structure and policies, as well as leveraging the weaknesses in their defense.
49:02
Driving While Distracted w Todd Clement
Episode in
Bad Law Worse Facts
We sat down with Tod Clement to discuss distracted driving and how to pin down use of a cellphone while driving.
Have a case you want to work Todd Clement. Email him at todd@clementspeer.com
Want to contact us? badlawworsefacts@gmail.com
Like the podcast? Leave a review so other listeners can find us!
38:31
Legal Lessons: Planting Seeds, Facing Losses, and Succeeding in Law
Episode in
Bad Law Worse Facts
Welcome to the sixth episode of Bad Law Worse Facts! With our host, Michael Takla, and guest, Michael Alder, Owner & Senior Trial Attorney at AlderLaw. The episode explores the theme of stepping outside one's comfort zone in the legal profession, shedding light on the growth and success that often follows such bold moves. Alder shares personal anecdotes, including the planting of seeds that eventually led to significant achievements. The discussion delves into the learned skills required for courtroom presence, the importance of finding the right people in the legal field, and the continuous pursuit of self-improvement.
You don’t want to miss this informative discussion!
If you want to learn more about Michael Alder visit at https://alderlaw.com/attorneys/michael-alder/
Host: Michael Takla
Guest: Michael Alder, Owner & Senior Trial Attorney at AlderLaw
Time Stamps & Show Notes:
(00:00 - 02:28) Introduction
(02:29 - 07:46) Stepping Out of the Comfort Zone
(07:47 - 10:55) Finding the Perfect Fit
(10:56 - 15:00) Obstacles and Learning Curves as a Attorney
(15:01 - 20:56) Planting Seeds and Taking Risks
(20:57 - 24:00) Finding the Right People
(24:01 - 29:20) Consistency in Employees
(29:21 - 36:12) Putting in the Work for Self Improvement
(36:13 - 40:55) Lessons from Losses
(40:56 - 44:40) Different Techniques and Continuous Learning
(44:41 - 46:45) Advice to Young Attorneys
(46:47 - 47:55) Outro
47:55
Networking on Steroids: Trial Lawyers University with Dan Ambrose
Episode in
Bad Law Worse Facts
Welcome to the fifth episode of Bad Law Worse Facts! With our host, Michael Takla, and guest, Dan Ambrose, Chancellor of Trial Lawyers University. Michael and Dan deep dive into what TLU is all about, how Dan got into case analysis, and the importance of putting in the work. You don’t want to miss this informative discussion!
Hosts: Michael Takla
Guest: Dan Ambrose, Chancellor of Trial Lawyers University
Time Stamps & Show Notes:
(00:00 - 00:47) Introduction
(00:48 - 03:27) About Dan & His Start
(03:28 - 05:44) The Common Denominator Behind Big Verdicts
(05:45 - 12:11) Connection & Communication
(12:12 - 15:43) The Bootcamps
(15:44 - 21:58) How Dan’s Case Analysis Started
(21:59 - 23:32) A Remarkable Trial Success on Zoom
(23:33 - 25:27) Wrapping Up Case Analysis
(25:28 - 30:50) The Structure of Trial Lawyers University
(30:51 - 32:31) TLU Beach
(32:32 - 34:17) Building Community & Sharing Stories
(34:18 - 38:20) More On Huntington Beach
(38:21 - 42:39) An Anecdote, Getting Verdicts, & Presentations
(42:40 - 45:01) A Complimentary TLU Opportunity
(45:02 - 54:13) The Importance of Practicing & Putting in the Work
(54:14 - 55:22) Huntington Beach Conference & A Small Class
(55:23 - 58:20) Final Thoughts & Closing
58:20
Mastering the Courtroom: Unpacking the Alex Jones Trial with Bill Ogden
Episode in
Bad Law Worse Facts
Welcome back to the fourth episode of Bad Law Wosre Facts! With our host, Michael Takla, and guest, Bill Ogden, Partner at Farrar & Ball, LLP. They discuss Bill’s part in the infamous Alex Jones case, diving deep into how he and his team prepared for the case, the power of dropping the outline in the deposition, and the key role that a few impressive lawyers held during this trial—listen in to hear the details of this case and also how you can be a better lawyer. You won’t want to miss this story!
Hosts: Michael Takla
Guest: Bill Ogden, Partner at Farrar & Ball, LLP
Time Stamps & Show Notes:
(00:00 - 01:20) Introduction
(01:21 - 02:35) Getting to Know Bill Ogden
(02:36 - 05:29) The Intricacies of Product’s Liabilities
(05:30 - 15:17) The Alex Jones Case
(15:18 - 27:42) Alex Jones Takes the Stand
(27:43 - 33:12) The Powerhouse Lawyers
(33:13 - 35:03) Dropping the Outlines
(35:04 - 37:03) The Three Rules
(37:04 - 43:39) The Grind of Prepping for Trial
(43:40 - 44:50) Stop Monetizing Mistruths
(44:51 - 50:30) A Difficult Trial for All
(50:31 - 53:30) Final Verdict
(53:31 - 54:49) Key Takeaways
(54:50 - 55:59) Closing
55:59
Exposing the Truth in the Food Industry
Episode in
Bad Law Worse Facts
Welcome to "Bad Law Worse Facts," hosted by Michael Takla, where insightful legal discussions meet compelling narratives. In full and interesting this episode, we dive deep into what our guest Bill Marler, a food safety lawyer and attorney, does. We start the show by discussing the Netflix documentary ‘Poisoned: The Dirty Truth About Your Food: Everything You Need to Know.’ The documentary unwraps the stomach-churning flaws in America’s food industry. We then move on to why Bill does what he does and what it means to him to be a lawyer. Michael and Bill talk all about huge and interesting cases, starting as a young lawyer, politics, and much more.
https://marlerclark.com
Host(s): Michael Takla
Guest: Bill Marler - Food Safety Lawyer
Time Stamps & Show Notes:
(00:00 - 02:39) Introduction
(02:40 - 09:54) Getting Into Food Safety
(09:55 -12:14) What it Means to be a Lawyer
(12:15 - 15:09) Back Story
(15:10 - 22:40) An Intese Case
(22:41 - 27:52) Amazing Accomplishments as a Young Man
(27:53 - 34:35) Politics and Investigation
(34:36 - 39:17) Advice to Young Lawyers
(39:18 - 41:06) Closing Thoughts
44:59
Unveiling Truth: Navigating Depositions
Episode in
Bad Law Worse Facts
Welcome to "Bad Law Worse Facts," hosted by Michael Takla, where insightful legal
discussions meet compelling narratives. In this episode, we're thrilled to be joined by Philip Miller, the distinguished author of "Advanced Depositions Strategy and Practice." Our conversation delves deep into the art of depositions – when, why, and how to deploy them effectively. But that's not all – we also explore the intriguing realm of courtroom strategy, from the tactics of boxing in your opponent to the intricacies of dealing with exhaustion in legal battles. Prepare to be enlightened and engaged as we navigate through a wealth of wisdom in this unmissable episode.
Books
Advanced Depositions Strategy and Practice - PHILLIP H. MILLER & PAUL J. SCOPTUR
https://www.amazon.com/Advanced-Depositions-Strategy-Practice-PHILLIP/dp/1934833827
Time Stamps & Show Notes:
(00:00 - 00:40) Introduction
(00:41 - 09:38) How to Use Exhaustion
(09:39 - 16:24) Boxing in Court
(16:25 - 28:27) Depositions and How to Use Them
(28:27 - 34:24) Motivating the Jury
(34:25 - 41:26) How to Find the Right Information for the Jury
(41:27 - 46:20) Who to Depose
(46:21 - 53:57) Current Work with Our Guest
(53:58 - 58:06) Advice to Young Lawyers
(58:07 - 58:41) Closing
58:09
Advanced Depositions- Simple Cases w Phillip Miller
Episode in
Bad Law Worse Facts
Welcome to Bad Law Worse Facts, hosted by Michael Takla, where insightful legal discussions meet compelling narratives. In this episode, we're thrilled to be joined by Philip Miller, the distinguished author of "Advanced Depositions Strategy and Practice."
Our conversation delves deep into the art of depositions – when, why, and how to deploy them effectively. But that's not all – we also explore the intriguing realm of courtroom strategy, from the tactics of boxing in your opponent to the intricacies of dealing with exhausting the witness.
Prepare to be enlightened and engaged as we navigate through a wealth of wisdom in this unmissable episode.
58:41
Legal Wisdom Unleashed
Episode in
Bad Law Worse Facts
Welcome to Bad Law Worse Facts with our host Michael Takla and special guest David Ball. David has written many different books focused on various aspects of law, particularly trial law. We start the episode off by getting to know David and how he got into law and writing, and then we move on to the best advice for aspiring young lawyers, books they should read, and the thought process every great lawyer should have. This is a fantastic discussion full of wisdom for current lawyers or even average viewers interested in law. We are grateful for David Ball’s time and we hope you enjoy the episode.
Host: Michael Takla
Guest: David Ball - Author
Books Mentioned
- Black Box Thinking
- Damages Evolving
- Checklist manifesto
- Incognito - David Egalmaen
- Thinking, Fast and Slow - Kahneman
Time Stamps:
(00:00 - 01:02) Introduction
(01:03 - 08:26) Getting into the law
(08:27 - 13:46) Books trial lawyers need to read
(13:47 - 20:53) Advice for young lawyers
(20:54 - 34:51) How to treat and talk to the jury
(34:52 - 35:37) Closing thoughts
35:49
Big Verdicts in Bad Venues w Jacob Karam
Episode in
Bad Law Worse Facts
Jacob Karam recently received a verdict of over three million dollars in a trial against Texas Roadhouse in an unfavorable venue. Jacob and Mike speak about the tough facts of the case and the importance of working hard on your case to set up your case for trial. Jacob and Mike stress the importance of making sure your client is likable.
26:06
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