Explorez tous les épisodes du podcast The Effective Lawyer
| Titre | Date | Durée | |
|---|---|---|---|
| Investigating Ski Accident Claims | 17 Sep 2024 | 00:08:40 | |
Summary In this episode, Zinda Law Group CEO and founder Jack Zinda gives his tips and key insights on ski injury cases. Discussed in this Episode:
Ski Resort Incidents and Immunity The first type of ski injury case is one where the resort itself is liable. This could include negligible employees or mechanical errors like with a ski lift. These types of cases can be very difficult to get to court. Because of the nature of the activity and how important ski resorts can be to local tourism, they are more protected than your average business or corporation.
Personal Injury Claims Another type of ski injury case is one where another skier injures your client while on the slopes. These injuries can be very serious and even result in death. This could include intoxication, not paying attention to signage, or just goofing off. Oftentimes, the ski resorts will be very helpful when you let them know that you’re not pursuing them for liability.
Establishing Liability You must be able to prove liability without the client’s testimony, and there are a few ways to do this. Eyewitness testimony including skiers who may have GoPro footage can be very helpful. The ski resort may also be helpful when you let them know that you’re not pursuing them for liability and may grant you access to their camera footage. Who Pays Out? A general liability clause in their homeowner's insurance is often where you need to look when attempting to find a source of recovery. Unless they are a very high wage earner, it can be almost impossible to recover enough to satisfy the client’s medical and/or lifestyle adjustment needs. You can reach Jack at: 512-246-2224 | |||
| Using AI to Stay Competitive | 03 Sep 2024 | 00:12:23 | |
Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda answers questions from the listeners about how AI is being used to transform the way we operate our practice.
Discussed in this Episode:
How Have You Seen AI Impact the Industry so far?
Jack talks about how AI technology is not quite at the place to disrupt the industry, but that it’s on its way in the coming months and years. He then talks about how AI can be helpful for work that paralegals are doing, taking deposition notes, helping with scheduling and other routine tasks.
Can AI Change the Way Firms Interact with Clients?
Jack warns about the use of AI for online interactions as it can feel impersonal and make the client lose trust before the person-to-person connection can begin. Where it can be helpful is case summaries, email updates and medical follow-ups.
Can AI Help in Settlement Negotiations?
One thing AI is great for is data mining. Being able to cull data from the internet to find out what a similar case is paying out, would be a very effective tool and potentially save 10s if not 100s of hours gathering that data manually. Using it for focus groups to predict what an outcome could be is another way that AI could play an important role in whether or not you take a case.
The Pitfalls of AI
When using a new tool it’s important to look at the legal ramifications as well. Are confidentiality agreements violated by using these tools? Is it possible that there are ethical concerns as well? Make sure you spend plenty of time researching before you go ahead and use your clients as guinea pigs.
You can reach Jack at:
512-246-2224
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| The $1.5M Last-Minute Case | 02 Jan 2024 | 00:18:32 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks with Partner and Lead Trial Lawyer Neil Solomon about a last-minute wrongful death case they took and the process of resolving it. Discussed in this Episode:
The Facts Neil talks about how the case came to them and why they decided to take it on despite the fact that they have a rule not to take on a client with less than 6 months before the statute of limitations runs out. Gathering Information Once they decided to take on the case they began pulling reports, building a family tree and establishing a case file. At this point they had to decide who they will be representing and made the decision to only represent one family member instead of a group of them.
Unique Elements to this Case No case is cut and dry, but this case was certainly not so. There was conflicting testimony, unclear photo evidence and even some potential fault of the deceased. Because there was a national chain delivery service involved, the question became: how did this corporation handle the incident?
Building the Case After enough witness testimony and testimony from the driver herself, they were able to surmise that there was both negligence and careless behavior from both the establishment and driver. It quickly became apparent that there were many elements at play that all contributed to this accident. Allocating the Funds Once the case had been resolved, it was important to know where the funds would be going. In this case, there were children that needed funds allocated to them. By understanding the family tree up front, you can make sure that everything is signed off on and the awarded party gets proper distribution. Putting in the Effort A big reason why this case was successful was due to the physical hours put into it at the beginning. When dealing with a limited window of time, you must be willing to put in more effort and be creative in your approach. You can reach Jack at: 512-246-2224 | |||
| Hiring Lawyers Who Fit | 19 Dec 2023 | 00:12:53 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about finding the right attorneys to your firm Discussed in this Episode:
What Type of Attorneys Do I Need? This might seem obvious, but understanding the different roles your attorneys play in your practice is important when hiring. This can include how many years of experience they have, what type of law they practice and how they fit in your team structure. Create a Scorecard Next we’ll need to take all of the information we gathered above and turn that into a scorecard that we can present to potential hires. Giving the attorneys a chance to select their skills from 1-5 will make it much easier during the hiring process.
Finding Ideal Candidates Do some research on your own and find ideal clients through LinkedIn or the ABA. They might not be available to hire, but you can use their resume as a guide when comparing potential hires. Another element is regular recruiting. Create a database of potential candidates to pull from when it’s time to hire someone.
The Hiring Process Now you’ll want to post the job. Of course you should post the job in the traditional places like LinkedIn, but it’s also very beneficial to post it to your website and use word-of-mouth within the practice. Oftentimes a friend or former colleague who has already been vetted can make for an easier transition. Whether it be the rate, bonus or other compensation, it’s important not to under compensate your potential employee. “You’re not going to attract A talent with C compensation”. Screening, Testing & Interviewing Breaking the interview process into a few different encounters can save a lot of time when dealing with the wrong potential hire. Instead of a 90 minute interview, start with a short 15 minute screening and go from there. Once you get to the final interview you’ll have established the quality of the candidate. You can reach Jack at: 512-246-2224 | |||
| Reputation Mistakes Lawyers Make | 12 Dec 2023 | 00:11:39 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about managing your online reputation. Discussed in this Episode:
Where to Look? When assessing your online reputation, the first thing you should do is look up your practice on places like Google Reviews, Yelp or ABA and see what your presence is and what your reviews look like. Do Damage Control It’s always important to look through your online reviews and make sure they’re valid. Jack shares a story about how a competitor was leaving bad reviews on all the personal injury lawyers in their vicinity and how it was rectified.
How to Improve Your Rating and Get Positive Reviews If you’re just starting out, this is a great time to give free legal information in exchange for positive reviews. Even something as simple as a quick email exchange can net you better visibility online. If you are struggling with negative reviews, it’s important to at least make sure that those reviews get pushed to page 2.
Respond to Reviews Bad reviews happen to the best of them. There’s no escaping a scorned defendant or client that you turned away. What you can do is engage with them in a professional manner to show that you are a reasonable person. Make the Ask Instead of sending a generic email once the case has been resolved, make sure to ask them in person with a heartfelt request and follow up with the necessary information. You can reach Jack at: 512-246-2224 | |||
| Managing Case Budgets | 29 Nov 2023 | 00:14:16 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about case expenses and the best practices to manage them effectively. Discussed in this Episode:
What Do We Use Case Expenses for? Create a list of things that are valid case expenses and things that aren’t. Medical records, bills, depositions, videos and photos, are basic requirements for any case and should be automatically included in your list. This list should serve as the document for your attorneys to understand what can and can’t be included for case expenses. Sometimes that line might be narrow, so be sure to be detailed when putting this list together. How Much Can We Spend? The first step is to establish the percentage of potential case earnings that can be allowed to spend on case expenses. For Zinda Law Group, that number is ten percent. Some cases will require more, but having a consistent number goes a long way to make sure that if the case doesn’t receive the anticipated verdict, the financial loss is minimized.
How to Budget a Case Look at previous costs for services to build your budget, even if a guess is as good as you can do. You don’t need to be perfect, but you need to have some rough numbers before building a budget. Oftentimes there will be ways to decrease that budget just by thinking ahead and using a little common sense. Cash Flow is Critical to Success If you don’t have cash on hand, you’ll never be able to pay for the expenses as they come up. You may have to be creative if you’re just starting out, but a business loan, loan from a family member or even a credit card might be necessary at the beginning. How Often Are You Successful? No one is going to win 100% of their cases. You must build your budgets assuming that some of your cases will not have the desired result. You can reach Jack at: 512-246-2224 | |||
| Proving Lost Wages in Personal Injury Cases | 21 Nov 2023 | 00:17:14 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about how to account for lost wages in your personal injury case Discussed in this Episode:
Loss of Earning Capacity Though commonly referred to as “lost wages”, loss of earning capacity is more than just being unable to work while disabled. If you’re well-educated on this subject, there are many other ways to claim loss of earning capacity. Accurately Interview Your Client Loss of earning capacity means more than just your current job. When interviewing your client, ask about school, further education or other ways that the client intended to increase their earning potential. If they no longer have the means, capability to work in that field, or are delayed, there may be an additional dollar amount associated. In addition to future earning capacity, don’t forget about simple things like overtime. Even if they received PTO during their injury, they are still able to retrieve lost earnings.
What Limitations Were Caused by the Injury? It’s not just about manual labor when it comes to limitations at work due to an injury. Many people work with computers in office settings and something as small as an inability to type will qualify.
What is the Duration and Worth of the Harm? This is where age can play a large factor in how much a defendant can be liable for. This may be the time to talk with an economist and a vocational rehab expert to help get the initial figures. The Loss of Earning Capacity Worksheet This is where you start compiling numbers and putting together a final number. Other things to look for when calculating include: quarterly or yearly bonuses, tax returns, other work amenities like insurance and retirement funds. This is also the time you’ll want to compile physical evidence like W-2 forms, tax documents, a lost wages verification form, an employer statement and a doctor’s note. You can reach Jack at: 512-246-2224 | |||
| Catching Everything in Discovery | 14 Nov 2023 | 00:13:10 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about what you need to do to ensure that you’re completely prepared after your discovery period. Discussed in this Episode:
Find the Time Jack talks about his process when putting a list together. First and foremost you must set aside the time to make a comprehensive list of everything you need for each individual discovery process. Too often lawyers use templates or copy/paste their information and it can prove costly. The “Theory of the Case” Once you’ve set aside some dedicated time, the next step is to begin to grab information. What facts are going to be important to winning this case and what evidence you need to prioritize getting during discovery. Then it’s time to start putting together a theory based on the initial information given to you in the case file.
Create Your Discovery Questions Now we dig deeper into each piece of evidence or information that we deem important. Do not be afraid to be very specific here. Being overly broad in your inquiry may leave room for interpretation. Was there video evidence? If not, make them prove it.
Motion to Compel After the initial discovery inquiry, it’s time to create your motion to compel letter. This is where good lawyers can make a case. Create a person of interest log as well as a production log and find what information is missing or you feel is being withheld. You can reach Jack at: 512-246-2224 | |||
| Better Case Intake Strategies | 07 Nov 2023 | 00:05:30 | |
Discussed in this Episode:
Make Sure You’re the Best It’s not about being the best law firm in the world, but you must be the best law firm for their specific case. Don’t get caught up in trying to be everything for everyone, promote what you’re the best at and provide consistent results. Be Confident & Empathic Lead with empathy and your client will see your confidence. Talking to someone person-to-person instead of just looking at the numbers will go a long way. Be Prepared & Stay Calm The more prepared you are, the more calm you will be. A calm person is a confident person and your client will be able to notice the difference. Practice Makes Perfect There’s no limit to how much you can or should practice. Practice in front of a mirror, in front of your spouse or trusted friend, while you’re driving or any time possible. You can reach Jack at: 512-246-2224 | |||
| Proving Premises Liability | 31 Oct 2023 | 00:12:53 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about how to win the often difficult Premises Liability cases. Discussed in this Episode:
Determining Which Cases are Worth Taking There are three types of premises liability cases. An example of type one is a slip in a grocery store which often means there is a 3rd party involved. Type two is directly due to the owner of the premises not keeping up with maintenance or putting others in harm’s way. The third type is where the defendant did something that led to the hazard. Are the Damages Worth the Risk? When approaching a premises liability case it’s important to assume that all cases will go to trial. Is there enough to warrant all of the time and resources that may be needed to see this case to the finish. For Zinda Law Group they tend to not take cases until they reach a certain dollar threshold or damages.
What Information to Assemble Once you’ve decided to take on the case, you’ll want to begin assembling information. That includes large things like maintenance violations to small things like what shoes the defendant was wearing. Sometimes something as small as one glass of wine and flip-flops may be enough to put doubt in the jury’s mind.
Exfoliation Letter and Witnesses Send an exfoliation letter as soon as possible. If you are able to get video evidence you may know immediately if a case is worth pursuing. If the defense is hesitant to give you video footage, it may be a sign that they’re liable. Getting witness testimony is another way to find leverage against the defendant if they are being stingy about video evidence. Credibility is Crucial Even if all of the evidence points toward liability of the defense, you still need to make sure that the client is able to play their part in the process. A client with a complicated criminal past will undoubtedly have a more difficult time than the eagle scout. You can reach Jack at: 512-246-2224 | |||
| Building Niche Legal Expertise | 25 Oct 2023 | 00:08:47 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about what you can do to find and succeed within a niche practice area. Discussed in this Episode:
Why Choose a “Niche”? Personal injury law is an incredibly competitive place. Trying to cast too wide of a net can cause you to miss out on opportunities because you aren’t able to cut through the noise. Becoming an expert on one specific type of case will improve your chances to become a leader in your field. How to Find Your Niche Pick something that you’re already passionate about. Jack talks about being a cyclist and how knowledge of that hobby makes it much easier to be the most competent in that field. It’s also important to know if there is a need for your services within that niche or in the area that you practice law. Become an Expert Take the knowledge of your niche and pair it with your knowledge of the law. What areas do they need to intersect and do you have a comprehensive understanding of those needs? How to Market to Your Niche Volunteer your time to the community that your niche represents. Whether it’s spending time person-to-person, giving talks about safety or making yourself available for questions, you must increase your exposure to see results. You can reach Jack at: 512-246-2224 | |||
| Legal Strategies for Construction Injuries | 10 Oct 2023 | 00:25:59 | |
Today the Zinda Law Group team discusses how to handle cases involving injuries suffered on a construction site. What are the most common types of injuries sustained working in construction? What sort of regulations should you be looking at to site fault during a workplace accident? What does a typical discovery plan look like pre-litigation? Key takeaways:
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| Time Management for Lawyers | 03 Sep 2024 | 00:11:49 | |
Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda answers questions from the listeners about tips and tools to improve efficiency and time management.
Discussed in this Episode:
How to Structure Your Day for Maximum Productivity
Jack talks about what his days used to look like before reading the book Getting Things Done. He talks about how scheduling specific tasks to be completed during specific times is a great way to ensure that you’re not scatterbrained or scrambling to stay on top of your to-do list during the day.
The Biggest Time Management Challenge as a Lawyer & CEO
The hardest transition can be when you jump from a small to mid-sized firm. Jack talks about how things changed when they went from a five person to a twenty person team. Having good management and training systems in place are the best way to ensure smooth transitions as the business grows.
Finding Your Priorities
Next is to look at your own personal responsibilities. Lay them out on a white board and be sure to include your personal life as well. Being a good partner and parent comes along with a work/life balance. Find things that you can delegate to other members of your team and restrict yourself to working on the things that only YOU can do.
Technology Tools for Time Management
Jack talks about how technology can sometimes be a red herring as these tools can end up causing more headaches than not. Relying on A.I. can prove problematic as the technology is not foolproof yet. He talks about tools that do work including: Asana for project management and Evernote for note taking.
You can reach Jack at:
512-246-2224
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| Tackling Traumatic Brain Injury Cases Effectively | 04 Oct 2023 | 00:28:22 | |
Today the Zinda Law Group team discusses Traumatic Brain Injury Cases and the best methods for approaching them. How can you tell the full extent of the injury? How has the science behind TBI changed in recent years? How do you get an accurate picture of the client’s health and behavior? | |||
| Winning Premises Liability Cases | 26 Sep 2023 | 00:38:37 | |
Summary In this episode Zinda Law Group CEO and lead trial lawyer, Jack Zinda, talks with Senior Director of Attorneys and Legal Staff, Jason Aldridge. They cover everything you need to know when gathering and preparing evidence for a premises liability case. Investigating Liability When considering a premises liability case, understanding the relationship between the injured and the business is crucial. Conducting an initial investigation will give you a better idea of if a case is worth taking. “Setting the scene” with the client is a great way to build a timeline. You might also consider a human factors expert who will compile information about the safety of the surrounding area where the incident took place. Tracking Down Witnesses Jason explains how he goes about gathering evidence and shares the best practices to get the most out of your witnesses. “You must think about employees, former employees, and companies that may have interacted”. He then talks about filing open records requests. “One thing you’re looking for in these cases is to establish a pattern of conduct." Video Footage How valuable is video footage and how to find it? When considering video, you must be on top of it. Sending out a video request should be near the top of your list. “If it’s good for your case, they’ll try not to show you, but of course you’ll want to see it." In the situation that video is ineffective, the next best thing you can do is take your own photos of the location where the injury occurred. Jason tells a story about an instance where fighting for video footage completely flipped a case. “Don’t take ‘there’s no footage’ for an answer." Depositions “The common theme in all premises liability cases is money over safety." Whether it be an injury due to a fall or death due to drowning, all cases should be approached the same way. Don’t be afraid to take a lot of depositions. It can be as simple as asking a few questions to lots of people, they don’t need to be a six hour deposition. “Start with the incident itself and go out from there." Cases to Avoid “For us, what a win looks like has to be factored into the case." When accepting a case, you want to feel confident in the fact that the jury will be deciding on how much to award in damages, not IF the client was at fault. The jury will be putting themselves in the shoes of your client and they must feel as if the accident was not “reasonable." You can reach Jack at jack@zindalaw.com. | |||
| The 5 Things You Should Know When Handling Your First Trucking Case | 19 Sep 2023 | 00:31:16 | |
For attorneys out there interested in the intricate world of trucking and catastrophic injury law, this episode is for you. CEO Jack Zinda and team spill the proverbial beans on what tools they use to reveal the true cause of severe and catastrophic trucking accidents.
Sharing genuine anecdotes from their practice, the Zinda Law Group professionals set out an A-Z on trucking investigations. From the trucker’s hour of service log to the company’s hiring record, the advice is - leave no stone unturned with the help of experts and technology at your service.
On today’s episode:
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| Discovery Planning for Big Cases | 12 Sep 2023 | 00:30:57 | |
In this episode, the Zinda Law Group team discusses how to come up with a discovery plan in a catastrophic or complicated case. All too often, firms and attorneys take a cookie cutter approach, which can cost you at the end of the case when you get to trial, as well as early on in the case when you're not getting the evidence you need. Some insights into today's episode:
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| How to Investigate a PI Case | 05 Sep 2023 | 00:32:34 | |
Summary The importance of immediate investigation While it’s vital in all cases to get to work immediately, it’s even more time critical when investigating a personal injury case. How to document talking to a witness There’s lots of different ways to go about capturing a witness statement. “If you can,” says Neil, “record them while you’re speaking to them during your initial investigation. Getting a video statement is best. Even if you simply whip out your iPhone and say, ‘Hey, can I take a quick statement from you?’” Using an investigator When should you use an investigator and when should you go out and collect the information yourself? Joe says: “What you don't want to do is create conflict for yourself that would make you a witness in the case and prevent you and your firm from representing the client.” The dangers of social media “While social media can be a treasure trove of information to find evidence for your cases, you have to make it clear to your clients not to post on social media about the case or about their injuries,” warns Neil, “unless they want the jury or the defendant to see it.” Top tips for new personal injury lawyers
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| Using AI in PI Practice | 22 Aug 2023 | 00:04:01 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about the ways that AI technology can affect your practice.
Discussed in this Episode:
Drafting Demand Letters One way that AI might be effective is in demand letters. Being able to crunch a large amount of data quickly will give you a better sense of what will and won’t work with a demand letter. Giving Client Updates Automating systems that primarily have to do with busy work, will free up time for you and your staff to focus on larger matters. Drafting Pleadings and Brief Writing Creating templates that work with AI will allow you to key in on the specifics of the case without all of the time consuming technical jargon. Evaluating Cases Using AI to crunch large amounts of data and delivering that data in a tangible way will go a long way to making case evaluations more accurate and efficient. You can reach Jack at: 512-246-2224 | |||
| Growing Business from Past Clients | 15 Aug 2023 | 00:08:57 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about creative ways to find new business from your past and existing clients Discussed in this Episode:
You Have to Do a Good Job Unless your client enjoyed their experience working with you, you’re never going to get returning business. It may sound simple, but focusing on being the best that you can be today will create business for the future. Personally Interact with Them Once a month It’s important to remind your clients that you are actively working on their case or that you’re thinking about them. Make an extra effort to meet in person or over a teleconference video chat. Survey the Client Regularly Once a quarter send a survey to your clients. Without constructive criticism you’ll have no way of knowing what areas need to be improved. Keep in Touch Once the case is complete, reach out to them at least once a year with a small gift or reminder of your services. Doing simple things to keep your name in a client’s mind will greatly improve your chances of getting future work from them. You can reach Jack at: 512-246-2224 | |||
| Finding Hidden Damages | 08 Aug 2023 | 00:08:56 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about commonly overlooked areas to find damages.
Discussed in this Episode:
Not Getting Images Getting a visual representation of how severe the injury was can be very beneficial for your case. X-rays and MRIs can be especially important if there were bone breaks or hardware had to be installed. Traumatic Brain Injuries If your client suffers from a brain injury make sure that all possible tests are run. Unlike an external injury, you may need to provide further evidence to show the severity. Loss of Earning Capacity This area isn’t just for business owners. Anyone who is unable to work due to their injury may have a claim of either lost past and future earnings. Loss of earning capacity can even extend to a forced early retirement, so make sure to look into every possible avenue. PTSD Specialist If the injury was a result of a traumatic situation and the client is having difficulty dealing with it mentally or emotionally, it may be valuable to look into a post traumatic stress disorder specialist and see if there may be further emotional damages. Don’t Make Up Injuries Be very careful when establishing potential claims. While there may be overlooked areas, it’s important not to bend the truth or try to find something that’s clearly not there. One invalidated area may hurt the credibility of the entire case.
You can reach Jack at: 512-246-2224 | |||
| Easy Client Generation Ideas | 04 Aug 2023 | 00:08:53 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, talks about effective tactics to generate more clients for your law practice. Discussed in this Episode:
Referrals From Other Attorneys The most simple way to generate clients is your relationship with other attorneys. If you’re a new attorney this means creating new relationships by attending various events, sending mailers and gaining familiarity in general. Remember to track your data and use it to establish places of weakness. Make Your Objectives Clear When you’re starting your practice, being intentional about what your client generation methods are is key. You may not have the bank-roll for major advertising campaigns, so make sure every dollar is utilized effectively and efficiently. Have Good Material A clear message to other attorneys is a way to set yourself apart from the crowd. Go into detail to explain why working with you will be beneficial for all parties involved.
Batch Meetings Once you have the ear of other attorneys, set aside some time to meet with them. Using a tool like Calendly is a great way to allow the other party to choose the date and time for the meeting. Links: You can reach Jack at: 512-246-2224 | |||
| What It Takes To Win Difficult Cases: Part 2 | 25 Jul 2023 | 00:23:45 | |
Cases involving ATVs (All Terrain Vehicles) Driving an ATV is like driving any other motor vehicle, inherently dangerous in nature. Accidents happen when people don’t take this seriously. “Two main scenarios, one is a child that shouldn’t be on one...the other is someone gets on with a drunk person” Neil says. “Being drunk on an ATV is a bad idea” says Jack. ATV Cases: Source Recovery “We have found specific ATV Coverages, but ideally you’re looking for some sort of ranch or homeowners insurance policy” says Neil. Look for either specific ATV insurance coverage or a ranch or homeowners insurance policy of the property the accident happened on. Ideally your looking for at least a million dollar insurance policy to cover the damages. For accidents involving children driving the vehicle, look to the equipment manuals to prove Negligent Entrustment. In these cases, the owner of the vehicle is often willing to make their insurance pay because they feel really bad. And don’t rule out a Products angle. “There are lots of product cases against these ATV manufacturers for not making these vehicles safe enough.” Burgess says.
Accidental Shooting Injury and Death Cases These cases are not intentional in nature but result from negligence around firearms. Unfortunately these cases are very common. “Firearms are dangerous...we see quite a bit that people are just careless with guns” says Burgess. There are so many rules involving firearms that it is often very straightforward to make the case for liability to a jury. “It’s not about pro-gun or anti-gun, most people that are pro-gun believe that you have the responsibility to handle a gun safely.” Says Jack. Source Recovery for Accidental Shootings Typical source recovery for accidental shootings comes from a homeowner’s policy. “I think insurance companies are very fearful of these cases because typically the harm that occurs when somebody negligently discharges a firearm is pretty significant” says Burgess. “Never plead intentional conduct, that’s such a gift to the insurance company” Jack says. Other Types of Difficult Cases Typically follow the pattern of “bad harm” similar to gunshot cases or ATV accidents. Drowning cases are common as well as fires and gas explosions. Many drowning cases involve children being left unsupervised. “Recently we had a case involving a fire where the apartment complex didn’t have the proper fire equipment...our clients had to jump out a three-story window to escape” Jack says. “Gas explosions happen a lot more often than people realize, on a nationwide basis” says Burgess. “Watch out for the Recreational Use statute...if the public land is used for recreational use then there might be some additional reasons that the landowner gets off the hook” Neil says. Always start with the why did something happen and that will usually establish a clear fault. Expert Witnesses Expert witnesses should be involved from the very beginning. They can help you know what to look for and how to vet the case. “It can be tough to find the right expert” says Jack. Looking at witnesses used in similar lawsuits can be a great place to start. Using contacts from your local Trial Lawyer Association can be helpful as well. Be careful with vetting your expert witness, though, because they might be more excited about your case than you. “I haven’t met a professional expert witness who hasn’t told me I’ve got a great case” Neil says. Focus groups can also be helpful, or getting the perspective from friends and family members. Key takeaways:
You can reach Jack at: 512-246-2224 | |||
| Avoiding Errors in Child Injury Claims | 20 Aug 2024 | 00:15:14 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about common child injury case mistakes and how to avoid them. Discussed in this Episode:
You Cannot Treat a Child Case like an Adult Case There are a few key things that make a child case different. Their recovery, damages, who can bring the claim on their behalf, levels of approval and money allocation are all different from an adult case. It can be very easy to make mistakes which can affect your client’s long-term recovery and future. Creating a Case on Behalf of a Child In the situation where a parent dies and leaves a child with no support, it’s very important to establish a Guardian Ad Litum to protect the child from other family members who may want to claim their rights as a guardian only due to the financial implications.
Who has the Right to Pursue the Claim? Just because a person claims to be a parent or guardian does not mean that it’s true. It’s important that you do the initial leg work to prove that the person does have the legal right to bring the claim on behalf of the child. Do not take your client’s word for it when they talk about personal matters including adoption or divorce.
Best Practices for Money Distribution Unless it’s a very unique case, the court will not allow you to give the money to the parents. Instead, it’s much more common to put the money into a structured settlement, the registry of the court (although the interest rate is much too low for a long-term payout) or into a trust. You can reach Jack at: 512-246-2224 | |||
| What It Takes To Win Difficult Cases: Part 1 | 18 Jul 2023 | 00:24:01 | |
Difficulty with Suing Government Entities.
When suing a government entity it can be difficult to determine if they are waiving sovereign immunity or not.
“There’s a minefield of issue that you can come across that are different from when you are suing a private citizen or a private entity
Three common types of Government cases: 1. Clear violation of constitutional rights, 2. Cases involving a vehicle, & 3. Cases that involve a government premise or property.
“The most common are more of your standard car wreck cases. Most of the time—either state or federal—they allow themselves to be sued for those types of cases” says Neil.
Differences When Working with Government Lawyers
“They act as if they have unlimited resources” says Neil.
“You get good lawyers on the other side, but they don’t typically specialize in personal injury claims” says Burgess.
New attorneys should be very selective of these types of cases. They take a long time and they are expensive.
Where to Begin?
Starting with the Government Statute in order to determine if the government has sovereign immunity.
“The general rule is that you cannot sue the government unless they give you permission to sue them.” Says Jack
Keep in mind that many states will have different notice provision windows. Also, there are often caps for personal injury claims.
“That goes for any case you’re investigating, you always need to scratch the itch of ‘is there a potential governmental entity involved?’” Burgess says.
Pay attention to caps for both client restitution and lawyer fees
“Checking out the caps...that’s a big factor when looking at these damages. They often will set a cap—particularly state governments—on how much you can recover.” Neil says.
When suing the federal government, the notice requirements aren’t as strict and there are no caps on client restitution. Lawyer fees, however, are capped below market value.
Differences when suing the federal government
If you are suing the federal government it is a bench trial; you are trying the case in front of a judge, not a jury.
Wrongful Death cases with Law Enforcement
Look into whether or not constitutional rights were violated, this is a different approach than a regular assault case. Reference the 1983 Cause of Action.
“These are nuanced fields that are workable for a new attorney; you just have to spend the time to really get up to speed and understand what you’re doing.” Says Jack.
Qualified Immunity creates a heightened burden to hold the police officer accountable.
“They can be very difficult cases to win” Says Burgess.
Creating a Discovery Plan for Wrongful Death from Law Enforcement Cases
Start with understanding the evidence and considering what you need to prove.
“You’re definitely going to have to start with the charge, and then tailor your discovery plan to that.” Says Burgess
Approach the publicity of the case with caution, it can be both helpful and hurtful.
“There’s always ethical concerns, you don’t want to be litigating your case out in public.” Burgess Says. “But it can really create a pressure point and help move the needle.”
“Really think about what’s going to actually get out there to the public, and whether it’s helping or hurting your case.” Neil says. “Your obligation is to your client.”
“You can use it as a sword, or it can cut your own hand off” says Jack.
Key takeaways: · Start any case with a government entity by determining if sovereign immunity applies · Government cases tend to take years, not months · State and local municipalities will have different statutes that apply in each case · When dealing with wrongful death and law enforcement, remember that qualified immunity creates a heightened burden to hold police accountable · Take caution when deciding how to deal with the media, remember that ultimately it must benefit your client.
You can reach Jack at: 512-246-2224 | |||
| Changing Lanes: From Defendant to Plaintiff Law | 05 Jul 2023 | 00:29:38 | |
Making the Switch from Defendant to Plaintiff Law Summary In this episode, Zinda Law Group CEO and lead trial lawyer, Jack Zinda, gives an overview of what it’s like to make the switch from defense work to plaintiff law. Joining Jack is his law partner, Neil Solomon, who decided to make the transition from defense to plaintiff law several years ago. Since joining Zinda Law Group, Neil has partnered with Jack on some of the firm’s most groundbreaking cases, was named a Rising Star by Super Lawyers, and is a member of the Multi-Million Dollar Advocates Forum. Choosing to pursue a career in plaintiff personal injury law is not an easy decision, but Neil offers unique insights as both he and Jack weigh the pros and cons. Discussed in This Episode: • A trial lawyer right out of law school A Trial Lawyer Right Out of Law School When Neil finished law school, he knew he wanted to be a trial lawyer, but the legal job market was tough at the time. When his wife landed a position in Austin, Neil took his first job as a litigator at an insurance defense firm. In law school, Neil wasn’t introduced to many opportunities to join a plaintiff’s firm, as there was a bigger emphasis on business law career paths. “It goes back to educating the public and everyone about what we [personal injury lawyers] do and how helpful and good it can be for the community and as a career,” Neil said. “I don’t think they really portray that in law school whatsoever.” Making the Switch When Neil’s former firm began taking on personal injury cases, Neil gained valuable experience working in personal injury law from the defense perspective. He enjoyed the work, and after a few years, realized the “defense life” wasn’t for him. In fact, plaintiff attorneys he worked against evaluated his skillset and encouraged a career in plaintiff law. “For attorneys who make a successful switch, it always seems to be about the clients, and it seems that the story is very common,” Jack said. “Rarely is it about the money because you make good money on both sides. It tends to be who is focused on really helping individuals.” After making the switch, Neil had to change his mindset in litigation. Instead of analyzing a case and always wondering what could go wrong, he had to shift his focus toward what could go right. “On our side, we’re trying to tell a story that is compelling,” Jack said. “On the defense side, you’re trying to break down and destroy a story.” Why Defense Lawyers Can Excel on the Plaintiff Side “I find a lot of attorneys who start off on the defense side make great plaintiff lawyers,” Jack said. “They see the holes in the case, and they don’t drink their own kool-aid and they don’t buy too much into a case.” In fact, defense-turned-plaintiff lawyers truly understand the value of a case. Defense lawyers are often more skeptical early on, and when they overcome the skepticism, that’s how they know a case will work. Overcoming New Challenges as a Plaintiff Lawyer One adjustment Neil had to make as a new personal injury lawyer was working with a different case timeline. Defense attorneys receive a case once a lawsuit has been filed. Plaintiff lawyers, however, get calls from potential clients soon after something terrible happens. It also took time for Neil to get used to evaluating cases and being more selective about who he represents. “It did take a little bit [of time] to figure that piece out,” Neil said. “Obviously, there are cases we know as soon as they call in that it’s a good one we want. But we have to figure out who we can help out and which cases would be better suited for someone else.” Resources for New Personal Injury Lawyers Neil praised the plaintiff practice for its camaraderie when asked about resources for lawyers like him who make the switch. “Everyone is helping each other out, trying to share what they do,” Neil said. Neil recommended Rules of the Road, Reptile, and David Ball on Damages 3 for new personal injury lawyers. Neil also recommend Don’t Eat the Bruises by Keith Mitnik. Jack also noted the importance of joining local and national trial lawyer associations. These organizations have valuable list servers for attorneys to openly ask questions about the practice of personal injury law. Weighing a Career Change When someone decides to change the type of law they practice, the shift can be rather daunting. That’s why it’s incredibly important for lawyers making these types of moves to be prepared. “Make a list of the characteristics that you think [a practice area] requires,” Jack explained. “I do think there’s a level of risk tolerance you need to have as a personal injury lawyer. Over time it gets easier because you start realizing it’s not as risky as you thought in the beginning because you get really good at evaluating cases.” Still, when a lawyer makes this type of change or opens their own practice, they must be prepared to withstand any potential obstacles or setbacks early on. Some defense lawyers who make the switch and then return to defense law cannot handle this part of the process. For others who want to stick with plaintiff law but are struggling early on, they can consider other options, such as teaming up with someone who does hourly work. This provides a useful buffer for “down months.” Links: | |||
| What Drives Case Value | 26 Jun 2023 | 00:25:48 | |
Today CMO Kevin Tully is joined by CEO and Founding partner of Zinda Law Group, Jack Zinda. They chat about the ins and outs of determining the value of a case.
Discussed in this Episode:
- Who’s my client? - Always start with the end in mind - What sources of information do I have? - Focus groups & Round Tables - Is this case a big deal? - What happens when your client is partially at fault?
Who’s My Client?
Before you can estimate the value of the case, there are a few questions you must ask yourself. Who’s my client? What have they gone through? What has the defendant done that could make a jury want to hold them accountable for their actions?
Always Start with The End In Mind
Draft a jury charge with a list of elements of damages you must approve. Even things like impairment, disfigurement and a number of physical things can be factored into the final number. That being said, using medical bills as a means to justify the dollar amount can result in a much less successful outcome.
What Sources of Information Do I Have?
Look at other cases in your county or region with similar facts and see what the verdicts or outcomes were. There may be examples that show similar behavior by the defendant and similar injuries to the plaintiff. Using services like TrialSmith and VerdictSearch can provide helpful information to value your case.
Focus Groups & Round Tables
Focus groups can be a great way to value a case if you’re careful. Hiring a 3rd party to conduct the focus group is more expensive, but will deliver a more accurate and less biased result. Setting up a round table where each lawyer brings a few cases can be a very effective way to broaden your knowledge about your case and is a win-win for everyone involved.
Is This Case a Big Deal?
Does this case really matter to the plaintiff? Even something as small as missing a child’s birthday due to an accident can be a huge deal to the client. Their desire for justice drives the heart of the case. After the number has been decided and an initial offer has been made, it’s really up to the client to determine if they feel that they are being fairly compensated or if it’s worth sending to trial.
What Happens When Your Client is Partially at Fault?
Determining the percentage of how at fault the client is can also be a factor in the case. In some circumstances even if the client was the one who violated a law or broke the rule, a “rules of the road” type of approach may be worth approaching. I.E. was the client forced to make an evasive action due to the negligence of the defendant.
You can reach Jack at:
512-246-2224
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| Deposition Prep for First-Timers | 06 Jun 2023 | 00:41:33 | |
We've remastered a classic episode of The Effective Lawyer podcast, and will be back soon with new content! Wouldn’t it be great if someone would answer the questions you were too embarrassed to ask? Well, in this episode four experienced personal injury attorneys at Zinda Law Group detail what new attorneys can do to confidently rise to the challenge of their first deposition. From preparatory and procedural tips, to comfort blankets and secret powers against experienced attorneys, this episode is a treasure chest of tried and tested intel for any new attorney who wants the advantage from deposition number one.
Depositions – when and why?
The two main reasons a deposition is typically taken is to pin the deponent on their story and evaluate what the facts are going to be at trial, and to evaluate that person as a witness, including their credibility and whether a jury is likely to believe their story at trial.
It’s important to know that you do not need to depose everyone you may call at trial, or anyone who has facts about the case. Written discovery, subpoenas, and written or video statements are other great ways to gather information without having to coordinate a deposition.
How?
Tthe first thing to do is to ‘reach out to the other side’, get the dates in the diary and liaise with the court reporter.
Then comes the prep. Think through the questions to be asked, the exhibits to be included, and crucially, set out the plan of attack in an attorney’s greatest sidekick, the deposition notebook.
What is a deposition notebook?
The deposition notebook is a tool to keep attorneys on track. Generally it will include information on the petition, any written discovery from the other side, an outline with key points you want to hit on, and the exhibits you plan on using.
On top of that, having the deposition rules at hand was a ‘kind of a comfort blanket’ for his first four years. These are often rules you may need to rely on in regard to deposition objections, instructions not to answer, suspensions of the deposition, and how to handle bringing up exhibits that haven’t been produced in discovery prior to the deposition.
Additionally, knowing the rules can be a new attorney’s greatest defense against overconfident lawyers on the other side. Knowing the rules is a “secret power to rebut a more senior attorney trying to push you around on a case”, Attorney and Presenter, Jack Zinda advises from experience.
Witnesses
In earnest, the Zinda Law Group team say ‘it depends’, as the answer to how long it takes to prepare for a deposition. Most importantly, “The time to start preparing for the deposition is not when you set the deposition." In many instances, especially in more complicated cases, you should be preparing for the deposition when you send discovery.
According to Jack, Depositions can be categorized into four main types:
In particular, they agree expert witnesses require the most time. Attorneys should undertake an investigative ‘deep dive’ to find out as much intel as possible and become a ‘mini expert’ on the opinions of the witness, they advise.
Priceless tactics
Last, but certainly not least, the attorneys share invaluable tips on how to rock preliminary depositions like a seasoned expert.
Firstly, don’t be afraid to video record the deposition yourself, even if you don’t plan on using it at trial. Secondly, make yourself a voice memo within twelve hours of the deposition of your thoughts, including how the deposition went, what discovery you still need to get out and obtain, and next steps to get the case from A to Z.
And thirdly, “don’t rush, and don’t write out all your questions, but instead master the questioning technique. Trust yourself and follow where the answers lead you”.
On today’s podcast:
Links:
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| How to Become a Successful PI Attorney | 31 May 2023 | 00:35:24 | |
With a team of four seasoned personal injury attorneys at Zinda Law Group, this first episode provides real insight into how each one of these legal minds lost their training wheels to become confident, successful and effective lawyers. New attorneys can listen to this plethora of legal wisdom and breathe a sigh of relief in hearing that a legal passion plus a thirst for fresh legal knowledge is a recipe for professional success. On today’s podcast: • Introduction to Zinda Law Group Attorneys, Joseph Caputo, Christina Hagen and Neil Solomon • Do nerves ever end as a new attorney? • Advice for their younger selves as new lawyers • Worst mistakes new attorneys make • Law firm’s responsibility to help new attorneys’ get better vs new attorneys’ responsibility to get better • How to manage stress in a stressful profession When asked at one point did they feel comfortable as a litigator, the attorneys had the following to say. Senior Attorney, Neil Solomon, who handles severe and catastrophic injury cases at the firm, says when he started fresh out of law school he had no idea what was up from what was down. But, after 5 years of experiencing and learning, he found his legal ‘groove’.
When asked if the nerves ever really disappear, Partner and Attorney, Joe Caputo advises that “the minute we stop feeling the nerves and the pressure, we’ve got to get into a different business.” It’s important to recognize that there is a lot on the line, and to constantly be pushing yourself out of your comfort zone.
Looking back on their time as newly licensed litigators, each attorney gives a piece of advice to their former selves. “Don’t be hard on yourself, and understand you don’t have to know everything right away,” Chrissy shares. Neil, who practiced law for years with respected defense firms in Texas before becoming a plaintiff’s attorney, suggests “trying to figure out what you’re passionate about, and what you want to do in your legal career.”
In a similar vein, Joe, who was trained to be a ‘balls to walls’, aggressive type of lawyer, says he would have told himself to find his own style.
A common mistake that new attorneys often make is being over-aggressive or over the top. “Our practice is still based in relationships”, advises Neil, “whether it be opposing counsel, the judge and their staff, or the adjustor, building those relationships can generally work out in your favor and your client’s favor rather than being aggressive.”
Finally, with some important words of caution, the team address how the high levels of stress inherent to the legal profession can be a killer, cause addiction and overwhelm lives. However, to combat this, they advise that being organized is one of the key tools for lawyers to stay on top and in control of the many competing demands. And, lastly, the resounding message to new attorneys from the Zinda Law Group team, is to get the work-life balance right. This is a profession that demands hard work, but survival for attorneys requires them to work hard but play harder. | |||
| Management Tips for Running A Personal Injury Law Firm: Part 2 | 23 May 2023 | 00:18:47 | |
Summary In this episode, Zinda Law Group’s Chief Marketing Officer, Kevin Tully, sits down with Zinda Law Group CEO and founder, Jack Zinda to talk more about effective management practices for your personal injury law firm. Discussed in this Episode:
Set Clear Goals Outside of normal day-to-day business practices, setting goals for your employees is an important factor in growing your business. You or your employee should establish what those goals are and should work together to make sure that they have what they need to succeed. Set clear milestones and reward structures. Create an Open Door for Opinions Internal suggestions and critiques are incredibly important to keep your practice growing and innovating. Allowing your employees to submit those opinions in a way that lets them feel safe is also an important element if you want honesty. In addition to safety, the opinions should be “weighted” towards the employee’s own expertise. That doesn’t mean that other opinions don’t matter, but it can give you a clearer sense of direction. Recognize Team Members There are a million ways that your team can go above and beyond. Giving equal recognition regardless of hierarchy is very important. Even if the role is deemed as “less important”, their hard work shouldn’t go unnoticed. Give Feedback ASAP It’s always better to address it immediately regardless of how small or large the issue may be. By communicating quickly, you’re able to get your thoughts out before frustration can build up. Invest in the “A” Players Your “B” and “C” players may be the ones who make the most mistakes and often seem like they require the most correction and attention, but by putting the same amount of extra effort into the “A” player can allow them to grow by leaps and bounds. Links: Principles: Your Guided Journal Traction: Get a Grip on Your Business You can reach Jack at: 512-246-2224 | |||
| Management Tips for Running A Personal Injury Law Firm: Part 1 | 16 May 2023 | 00:23:09 | |
Summary In this episode, Zinda Law Group’s Chief Marketing Officer, Kevin Tully, sits down with Zinda Law Group CEO and founder, Jack Zinda to talk about effective management practices for your personal injury law firm. Discussed in this Episode:
Define Your Team’s Responsibilities Every team needs to be organized and it all starts with you. Having a firm grasp on what your business needs to be successful will go a long way when it comes to delegating responsibilities. Each team member should have an “area of focus” where their expertise comes into play. Sometimes it’s as simple as asking yourself “what does X do everyday?”. Once established, create a KPI that can track their performance over time. Finally, express what their responsibilities are and give them the tools to achieve it. KPI Scoreboards Public scoreboards can be a great tool for group accountability, increased performance and team comradery. Creating positive competition can work well when done properly, but you must be careful that it doesn’t become demoralizing. Short competitions are better as they prevent a few players from pulling away and thus making the rest of the group feel like they’re unable to win. Communication in the Hybrid/Remote Era Even lawyers can struggle with honest, direct communication. Especially when the face-to-face element has been altered. Developing a management style based on empathy and vulnerability goes a long way to create trust in you as a manager. When it comes to communication there are four factors at play: 1. What you meant to say 2. What you actually said 3. What the person heard and 4. How they understood it. Addressing each of these points when trying to convey an idea (especially a critique) is crucial to ensuring that both parties understand the expectations and are capable of achieving them. Outlines and Scripts Come prepared when opening up lines of communication. It may be tempting to go off the cuff, but having your thoughts written down will keep you on task. Remember to include personal mistakes as well. Nothing humanizes your conversation more than a moment of vulnerability. Links: Principles: Your Guided Journal You can reach Jack at: 512-246-2224 | |||
| Tips for Your First PI Hearing | 09 May 2023 | 00:09:43 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, gives you quick tips on what to do when attending your first personal injury hearing. Discussed in this Episode:
Read the Local Rules This step may feel simple, but before you do anything make sure you’re completely comfortable with the rules and regulations of the specific state or county you’re working in. You may find yourself facing problem after problem if you don’t take the time to understand the small differences. Understand Your Judge Each judge is different and has unique quirks and communication styles. If you aren’t sure, talk with colleagues or attend a trial to gain a better understanding of how they run their courtroom. Try to give your judge the benefit of the doubt and know that each judge will rule differently. There will be certain cases that judges prefer over others, if you can learn that information, it can be helpful in the level of organization that’s required to plead your case. What’s Your Objective? Don’t approach your case to win for the sake of winning. Be nuanced and fair when asking for a discovery and don’t try to take everything just because it’s available to you. Be organized, calm and reasonable at all times. If you don’t think you’ll be able to get everything you want, have a fallback position ready. This can show that you’re willing to compromise and further sell your case to the judge that your positions are reasonable. You can reach Jack at: 512-246-2224 | |||
| What to Expect at Your First Mediation | 02 May 2023 | 00:21:43 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, gives you quick tips on what to do when attending your first personal injury mediation. Discussed in this Episode:
What is My Objective? Jack lays out his three reasons for mediation: 1. To gather information 2. To set the defense up to resolve the case 3. To resolve the case. Mediation doesn’t necessarily mean resolution, but by having everyone involved in the case in the same room, you can make a lot of progress towards a final result. Who’s Going to Attend Mediation? Get in writing who’s going to be attending in order to understand what level of authority the various participants have. Reference that lit against local rules to further your understanding of what leverage you may have. Understand Your Case’s Value If your case is high value, there are often additional steps needed before beginning a mediation. The defendant may need higher authority to approve a certain amount of money and not communicating those numbers beforehand will only delay a resolution. There are many ways to decide on a value, but once you do, stick to it and be decisive. Preparing Your Client for Mediation The client’s role in mediation is to listen and take instruction from you as their lawyer. In order to keep them feeling comfortable and even able to hold a “poker face”, running them through the order of proceedings is important. Always remember that there is no such thing as over-preparing your client. If you feel that your client needs more time or more practice, don’t hesitate to offer it. Be Prepared to Walk Away at the Right Time Walking away is a tool to help facilitate a result. Knowing when the defendant is bluffing or doesn’t have the means to fulfill your request can help maintain leverage. Once this has happened the case can resolve in two ways: 1. The mediator's proposal. Where the mediator provides a number that they best believe can resolve the case and 2. Direct contact with the defense willing to reopen negotiations. You can reach Jack at: 512-246-2224 | |||
| Strategies for Fire Injury Cases | 26 Apr 2023 | 00:06:19 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, gives you quick tips on how to handle fire injury cases. Discussed in this Episode:
Get to the Scene Early During cleanup evidence can be destroyed, so it’s imperative that you get to the scene as soon as possible. Even a week can be too long to wait. Don’t Rely on the Government Report Government reports often don’t tell the full story as they have different objectives than you or your client do. Don’t Send Someone Else to the Scene Make sure that you or a lawyer you trust is able to physically review the scene. You may find more than just physical evidence, including eyewitness testimony. Find a Fire Cause Origin Expert Getting an expert on the scene as fast as possible is crucial. Make sure you have someone ready to call when the case presents itself. What Other Experts Do You Need? Once you’ve established the origin of the fire, you may need an expert in a specific field. For example: a washer/dryer repairman to assess if the cause was faulty equipment or improper installation. You can reach Jack at: 512-246-2224 | |||
| Legal Tips for Accidental Shooting Cases | 06 Aug 2024 | 00:11:10 | |
Summary In this episode, Zinda Law Group CEO and founder Jack Zinda discusses essential tips and tactics for handling accidental shooting cases. Discussed in this Episode:
What Qualifies as an Accidental Shooting? As the name suggests, an accidental shooting is one where there was no intent to harm an individual. We are looking for a negligent act or someone putting their firearm in a place where it could be used for a negligent act. Who’s Going to Pay? Homeowners' or renters' insurance is usually where we go when attempting to award damages. As stated above, the person or persons liable may not have been directly involved in the shooting, but if they are found liable, their insurance would be used for damages.
How to Approach These Cases Do not make your case about whether or not guns should or shouldn’t be available to the public. Start from a place of proper gun safety which will be much more agreeable to a jury that may own and use guns. Even NRA policies and gun experts can be used to prove your case.
Proving Your Case Proving intent is crucial to the success of your case. This includes eyewitness testimony, ring camera or other camera footage, and even a liability expert. Background information on the defendant will also be important as a clean criminal record and credible character witnesses can further prove your claim that the incident was accidental. You can reach Jack at: 512-246-2224 | |||
| Structuring a Winning Legal Team | 17 Apr 2023 | 00:15:33 | |
In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about everything you need to know about effective team structures within a law firm. Discussed in this Episode:
What Type of Firm Do You Want to be? If you’re just starting out, it’s important to envision what you want your firm to look like. That includes establishing what types of employees your firm will need. This is adjustable depending on the type of firm, but creating a list of the ideal teammates is a great base to build on. A Functional Vs. Team-Based Approach There are a few ways to divide your firm’s workload. With a function based approach, you assign your teams based on their function in the firm. With a team-based approach, each team consists of a number of different functions. Each approach has its own merit, depending on how your firm is set up. Focus on Management A team can’t succeed without the right manager. Depending on the type of team structure you might look for different management styles. Management is not an easy thing to train and more often than not, a lawyer is not going to be the best fit for that position. Hiring someone with specific management skills is much more effective than teaching a lawyer to do the job. Your Non-Legal Departments Who owns the functional accountability among business, money and office management? It’s not just about creating teams for your case work. Being intentional about who controls these departments is crucial to effective and efficient business operations. Links: You can reach Jack at: 512-246-2224 | |||
| Managing Case Costs Wisely | 05 Apr 2023 | 00:07:35 | |
In this episode, Zinda Law Group CEO and founder, Jack Zinda, gives you quick tips on how to
How Much to Spend on Cases Consider a Line of Credit Don’t Invest Before You Know Evaluate Your Case Expenses As you complete cases, go back and reevaluate your expenses and adjust as needed. Don’t put You can reach Jack at: | |||
| Resolving PI Cases Faster | 24 Mar 2023 | 00:12:50 | |
Summary: Discussed in this episode: Maximize your value in the least amount of time possible Create a Timeline Pre-Planning How to get around insurance company tactics | |||
| How To Increase Case Value | 15 Mar 2023 | 00:18:31 | |
In this episode, Jack discusses how to increase the average value of a case. He shares tips and tactics such as valuing the quality of a case over quantity of cases, having a strong knowledge of your case, knowing your client's personal story, understanding the elements of liability and damages within your case, and running up the score on loss of earning capacity.
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| Becoming a Great PI Lawyer | 07 Mar 2023 | 00:06:45 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, gives you quick tips on how to become a great personal injury lawyer. There’s more to it than having a nickname and fancy marketing! Discussed in this Episode:
Is This What I Want to Do? It’s impossible to have the drive to be great if you’re not in love with what you do. You must first identify what you love about being a lawyer and hyper focus on that area. Make a List Make a list of the types of cases you’re passionate about, other lawyers you look up to, and what makes those lawyer’s practice’s special. Get Repetitions Once you figure out what you’re passionate about, get as much experience with that type of case as you can. That might mean volunteering time for another lawyer or doing research about the subject.
You can reach Jack at: 512-246-2224 | |||
| Managing Legal Consultants Effectively | 20 Feb 2023 | 00:20:15 | |
Summary In this episode Jack talks about how to manage vendors and consultants at a law firm. We cover the pitfalls to look out for and the best practices needed to get the best return on your investment. Discussed in this episode:
As always, feel free to contact us for more information on this topic.
You can reach Jack at: jack@zindalaw.com 866-578-0982
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| How to Get Hired in Law | 14 Feb 2023 | 00:05:31 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda, gives you quick tips on how to give yourself the best chance of landing a job at a firm. Discussed in this Episode:
Customize Your Resume Why do you want to work for a particular firm? Be specific with your resume and share your intentions. When you join a firm, you’re a part of a team and a generic resume doesn’t show why you’d be a good fit. Identify the Firms Find 3 law firms that you really like and get to know everything about them. For one, so you can give a good interview and two, so you can know if you really want to work there. Look for Opportunities Don’t just submit resumes, look for events or other opportunities to meet lawyers. Sometimes all it takes is one really good recommendation from a trial lawyer.
How Can You Help the Firm? It’s not about how they can help you. If you want to get hired, you need to be able to show what qualities you can bring to the table. You can reach Jack at: 512-246-2224 | |||
| Navigating Wrongful Death Cases | 06 Jan 2023 | 00:06:10 | |
Discussed in this Episode:
Identify the Client Just because they are a family member, does not mean they have the right to file the lawsuit. Ensure There are no Conflicts If you’re dealing with multiple people, make sure that they are on the same page. Family can be difficult, especially while ensuring a tragic event. Get the Credentials In addition to identifying the client, you also have to verify that they are who they say they are and have access to important information like the death certificate. Know Your Client’s Story It’s not just about financial damages, it’s also about the loss of a person. Was that person well liked and respected by their family, friends, co-workers, etc? You must be able to tell their story in a way that shows how their absence negatively affects the people around them. Identify the Source of Recovery If there isn’t any method of significant financial recovery, then you’re doing you and your client a disservice. | |||
| How to Invest in Yourself as a Lawyer | 22 Dec 2022 | 00:04:27 | |
Discussed in this episode:
Investing in Continuing Education When it comes to CLEs, you want to be intentional about the programs you attend. If you are a personal injury lawyer, for example, you wouldn't attend a program unrelated to your field. Creating a Syllabus of Educational Materials Next, create a syllabus of educational materials that will help you master your craft. Then, spend 15 minutes per day mastering your craft or improving yourself. The important thing here is to start small. Ask someone to hold yourself accountable and make sure you have the materials you need on-hand. | |||
| Core Values That Drive Firm Success | 09 Dec 2022 | 00:26:47 | |
Discussed in this Episode:
What Are Core Principles? Your core principals are your “bill of rights” that all decisions are based on. A mission statement or “core purpose” describes who you are. Your core principles are the action steps to achieve that mission statement. Zinda Law Group’s Core Principles Jack breaks down how Zinda Law Group established their core principles and explains what they are. 1. Failure’s not an option: “By doing the little things right… that leads to really big results”. 2. It’s only the best: Everyone at the law firm must be an A player in their role. 3. We’re going to outwork our opponent: “if there’s a problem on a case, we’re not going to give up until we find a solution. 4. We all take out the trash: Everyone will be treated equally 5. We make data driven decisions. Should Your Core Principles Evolve? Revisit no less than once a year. Core principles shouldn’t be something that easily changes, but they should be reevaluated often and make tweaks when necessary. Look 10 years into the future, will your core principles make sense as your practice grows? How Do You Apply Them? Repeat them often. Bring up your core principles at every opportunity. Put your core principles in your job posting to keep the wrong people from applying. “The People Analyzer” is a tool they use to determine how consistent their employees are with their core principles and is also used to determine raises, hirings, firings etc. Holding Your Employees (and Yourself) Accountable One of the most difficult things to do is release an employee who is a great worker, but doesn’t mesh with company culture. Look in the mirror and make sure you’re adhering to your own values. If you aren’t following the practices core principles, then why would your employees? If no effort is made, releasing that “star” employee is the right thing to do. You can reach Jack at: 512-246-2224 Links: | |||
| Finding Recovery Sources | 11 Jun 2024 | 00:10:36 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about identifying sources of recovery for personal injury cases. Discussed in this Episode:
Identify the Source of Recovery Looking at things like the insurance agency, the people who are directly involved with the ownership or drive the car and if the car serves a business purpose. Create a checklist to make sure that every area has been investigated before moving forward.
Once the source of recovery has been determined, this can be a resource to ensure that your findings are accurate. Look into bank loans or deeds to find additional information.
Sometimes the defendant might attempt to hide valuable source of recovery information to ensure a lower payout. You don’t want to give up on a case just because there’s no known insurance. Moving forward with a lawsuit can cause them to reveal information. You can reach Jack at: 512-246-2224 | |||
| Preparing for Winning Depositions | 30 Nov 2022 | 00:04:48 | |
Discussed in this Episode:
Why is Deposition Preparation Important? How your client does in a deposition will make or break how the defense evaluates your case. You cannot put too much time into a deposition. Preparation Steps These steps will allow you to properly prepare for the deposition. 1. Understand the defense’s case. 2. Make sure the client understands what the setting will be like 3. Do not overload the client with too much information. 4. Make sure the client knows to tell the truth. Mock Deposition Get your client familiar with the process by practicing with someone else from your staff. If your client is struggling with a mock deposition, the worst thing you can do is add negativity to the situation. Keep your client feeling positive. You can reach Jack at: 512-246-2224 | |||
| Landing Big Cases on a Budget | 18 Nov 2022 | 00:21:37 | |
Discussed in this Episode:
What is a “Big Case”? “Try to get as specific as you can by identifying what your case is that you’re targeting, that’s step one.” Before attempting to land a big case, you first need to determine what a big case means to your firm. A big case is typically a case with an excess amount of potential value. “If 100% of your cases are considered big cases, you need to reevaluate what a big case means to you." How to Acquire a “Big Case” “Become an expert in that area.” It’s important to be prepared when searching for big cases. You don’t want to feel like a fraud when a big case presents itself. Create the profile of the ideal client. What would they have gone through? What type of person are they? Although wealthy clients can file a wrongful death claim, it’s typically people who don’t have the means to live without that person’s income that look for a lawyer. Marketing Strategies First, you need to budget not only your money, but also time by placing a value on it. Big cases may require more effort than you’re used to putting and establishing what you’re willing to spend (in both time and money) is an important step in achieving your goals. “Be aggressive, but be realistic.” Finding sources through referrals, personal connections and advertising are the best ways to establish your credibility as someone who takes on “big cases.”
Putting it All Together The only way to truly see success is to take all of the elements listed above and actively apply them to your practice. “This frankly, is where most people give up… a lot of this is elbow grease and being willing to put in the time and energy to make it happen.” You don’t need to do everything all at once, you just need to find your niche and press into it. You can reach Jack at: 512-246-2224 | |||
| Building a Strong Legal Leadership Team | 26 Sep 2022 | 00:24:31 | |
Discussed in this Episode:
What is the Role of an Executive Team? Jack talks about the various types of people who should be a part of your executive team. These people are typically department heads or leaders in their specific area of the business. While it may be uncommon for law firms to have an executive team, they can be powerful tools to keep each other accountable and moving forward in the same direction. Executive Team Evolving as Your Business Evolves It can be lonely at the top. Installing an executive team will not only allow you share the burdens, but also workshop ideas and celebrate the victories together. Even if your organization is only 7-10 people, an executive team will ensure that nothing slips through the cracks. Topics of Conversation “Every executive team meeting, you want to cover at least the main KPIs of your organization”. Revisiting your primary objectives is a great way to make sure that you’re on track or to course correct if needed. Sharing personal or KPI victories is a great way to start the meeting on a positive note. Sending out potential topics of conversation beforehand can give the team time to prepare.
Not everyone on your executive team is going to be the same personality or have the same primary topics of discussion. If your meeting contains both lawyers and non-laywers, you must learn each other’s communication styles and give space for your team. Not just try to win the debate. If you’re the CEO, delegating responsibility is important. It may not be in your best interest to be in charge of the agenda. You should be an active participant as well. Avoiding Blindspots As your organization scales up, the probability of dysfuction or systematic problems increases. Putting systems in place to continually check the health of your business is crucial to thriving. If you’re noticing consistent patterns of poor performance, the best thing you can do as an executive team is to avoid blaming the single person and look at the bigger picture together. You can reach Jack at: 512-246-2224 Links: Traction: Get a Grip on Your Business Scaling up: How a Few Companies Make it… and Why the Rest Don’t The Five Dysfunctions of a Team: A Leadership Fable | |||
| Speeding Up Cases and Settlements | 08 Jun 2022 | 00:28:42 | |
Summary In this episode, Zinda Law Group’s CMO, Kevin Tully, sits down with Zinda Law Group CEO and founder, Jack Zinda, to talk about how to push your cases faster and get larger results. Discussed in this Episode:
What Makes a Firm Successful? Success is driven by two major factors: how long a case takes to resolve and what is the result. Jack talks about how having good evaluation practices at the beginning of the case is crucial to forecast what type of result you’ll achieve. How to Evaluate a Case Once you’ve talked with a client, the next stage is the investigation phase. In order to make this stage successful you must create a strategy, turn it into actionable items, assign responsibility, and review often. Common Logistical Challenges While in the investigation phase, there are a few common things that newer attorneys can get caught up on. Establishing liability (in a motor vehicle accident for example) can be complicated and understanding what does and does not qualify can be a little murky. The Treatment Phase In this phase, we establish what type of treatment the client needs in order to get better (if possible) and what’s the client’s damage model. “What is the average time that this should take, based on the client’s injuries and the historical data that I have?” How to Approach the Defense “It’s a battle of time, they want to make it take a long time, we want to make it a short time.” The longer the case takes, the more time the client has to recover, which can be a detriment to your case. The defense’s primary tactic is to delay trial dates and create scheduling issues to minimize the impact of your case.
You can reach Jack at: 512-246-2224 | |||