Explorez tous les épisodes du podcast The Effective Lawyer
| Titre | Date | Durée | |
|---|---|---|---|
| How to Get 95% Client Satisfaction In Your Law Practice | 12 août 2025 | 00:09:11 | |
Summary: What You’ll Learn:
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| Turning AI Into an Advantage for Your Legal Practice | 31 juil. 2025 | 00:15:36 | |
AI for lawyers isn’t about replacing attorneys—it’s about helping law firms work smarter. In this episode, trial lawyer Jack Zinda explains how lawyers can use AI tools like OpenAI and ChatGPT to streamline their practice, save hours of work, and improve client service. You’ll learn how to:
🎧 Listen now and learn practical AI tips every attorney can implement today. Have questions for Jack? | |||
| How to Uncover Hidden Liability in Tough Injury Cases | 15 juil. 2025 | 00:44:32 | |
What does it take to find the real truth in a high-stakes injury case? In this episode of The Effective Lawyer Podcast, Jack Zinda and Partner Cole Gumm walk through their real-life trial strategies—from confronting corporate negligence to handling disfiguring dog bites and trucking cases involving drug use. They share how expert witnesses, tactical depositions, and deep client trust can uncover the liability others miss. Topics Covered:
Have a question for Jack? Don't hesitate to reach out! jz@zindalaw.com | |||
| Learn How to Drive Better Outcomes In and Out of the Courtroom | 30 mai 2025 | 00:20:28 | |
In this episode, Zinda Law Group CEO Jack Zinda and trial attorney Max Massey share practical strategies that help attorneys deliver stronger results both in court and behind the scenes. Learn how telling your client’s story effectively, narrowing your practice focus, and using impactful visuals can lead to better outcomes and deeper client trust. In This Episode, You’ll Learn: How Telling Your Client’s Story Improves Trial Success: Create emotional connection with jurors, adjusters, and judges by framing your case around your client’s lived experience. Why Niching Down Can Build Authority and Grow Referrals: Fewer competitors and deeper expertise means more cases—and better ones. Translating Complex Facts Into Human Impact: Learn how to use expert insights and simple language to make technical details resonate. The Value of Joining TTLA: Access education, resources, and legislative advocacy to support your work as a trial lawyer in Texas. What Tort Reform Really Means for Your Clients: Understand the legal and financial realities affecting your clients’ ability to recover full compensation. How “Day in the Life” Videos Help Maximize Settlements: Use visual storytelling to show the real impact of your client’s injuries. Working with Translators and Building Trust Across Language Barriers: Preserve clarity, compassion, and connection with every client—no matter what language they speak.
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| Starting a Personal Injury Firm from Scratch | 30 avr. 2025 | 00:17:15 | |
In this episode, Zinda Law Group CEO Jack Zinda and trial attorney Max Massey sit down for an honest conversation about the evolving realities of building a legal career and a sustainable law practice. From early job struggles to case strategy and managing the pressure of high-stakes litigation, Jack and Max trade stories, lessons, and the systems that help them keep improving. Whether you’re managing your first caseload or leading a growing firm, this episode offers raw insights into the habits and mindsets that drive long-term success in personal injury law. Topics Covered:
Key Takeaways Time Management & Work-Life Balance Early Career Struggles & Career Growth Diversification vs. Specialization Dealing with Insurance Companies & Stowers Demands Case Management Systems & Checklists Assessing Case Value & Finding Recovery Sources Lifelong Learning & Building a Support Network 📩 Contact Jack: | |||
| Creating Systems that Scale | 15 avr. 2025 | 00:16:03 | |
In this episode of The Effective Lawyer, Zinda Law Group CEO and founder Jack Zinda answers listener-submitted questions about building a law firm that runs on systems—not chaos. If you’re constantly putting out fires, working long hours, and struggling to grow your firm, Jack offers practical strategies to bring clarity, structure, and intentional leadership to your practice. He walks through his weekly planning system, explains how to create an “ideal week,” and shares tools for better delegation and follow-up. Whether you’re a solo attorney or managing a growing team, this episode offers real-world advice to help you take back control of your time and build a scalable firm. In This Episode:
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| Smart Tips for Personal Injury Success | 31 mars 2025 | 00:24:57 | |
In this episode of The Effective Lawyer, Zinda Law Group CEO and founder, Jack Zinda, answers your listener questions. Discussed in this Episode:
Self-Managing Law Firm: How do you create a self-managing law firm when you feel like you have to be involved in everything?
Referral Pipeline: How do you get more referrals from other attorneys?
Client Referrals & Reviews: How do you get past clients to refer and leave positive reviews?
Saying No to Bad Cases: How to avoid cases that drain resources?
Managing Cash Flow: How do you handle cash flow when waiting for big settlements?
Financial Mistakes: What are the biggest money mistakes made by personal injury law firms?
Staying Motivated: How do you stay motivated with stressful cases/clients?
Biggest Regret: What would Jack Zinda change about building his law firm?
You can reach Jack at: 512-246-2224 | |||
| Winning Trials and Growing Right | 25 mars 2025 | 00:38:50 | |
Zinda Law Group CEO and founder Jack Zinda teams up again with seasoned trial lawyer Max Massey to answer more of your top listener questions. This episode dives into key strategies for winning trials, building a successful law firm, and hiring the right legal talent. Whether you’re a personal injury attorney, law firm owner, or aspiring trial lawyer, you’ll find valuable, actionable insights in this episode.
Credibility of Non-Economic Witnesses:
Identifying Candidates with the “It” Factor :
Scaling a Law Firm: From Solo to Success :
Work-Life Balance for Law Firm Leaders :
Starting Your Own Law Firm: The “Why” and the How:
📩 Contact Jack Zinda Email: jack@zindalaw.com Phone: 512-246-2224 | |||
| AI and Learning in Law Firms | 11 mars 2025 | 00:16:26 | |
In this episode of The Effective Lawyer, Jack Zinda dives into three key topics that impact law firm growth, efficiency, and leadership. Host Jack Zinda answers listener questions on the best books for personal and professional development, the role of AI in modern law practice, and what "superpower" sets successful law firms apart. Packed with insights from years of experience, this episode offers practical takeaways for lawyers looking to scale their firms and sharpen their skills.
Discussed in This Episode:
512-246-2224 | |||
| Trials vs. Settlements Made Simple | 25 févr. 2025 | 00:22:37 | |
Summary In part two of this Q&A series, Zinda Law Group CEO and founder Jack Zinda answers your questions about trial vs. Settlement, budgeting & legal myths. Discussed in this Episode:
Trial vs. Settlement Strategy “How do you decide when to push for trial versus taking a strong settlement offer?” - Most offers never leave the table, so don’t be afraid that the money will be reduced if you choose to go to trial. Be realistic and ask yourself if the initial offer is as much or more than a jury would award to your client. Would that amount of money make a meaningful difference in your client’s life? If going to trial is something the client wants, make sure to explain the risks involved and additional case expenses that can be incurred. Budgeting for Growth “What percentage of my revenue should be reinvested into marketing and operations?” - “First, you have to know where you’re going if you’re going to get there.” Jack lays out how Zinda Law makes marketing decisions and how you can decide what’s best for you. If you’re unsure how to make the numbers work, don’t hesitate to ask someone or hire a professional to lay the map out for you. Biggest Legal Myth “What’s the biggest misconception people have about personal injury law?” - “What we do is easy.” If it were easy, everyone would do it. That’s what makes personal injury lawyers so important. “What does working with clients in a personal injury case mean?” Jack talks about psychodramas and their importance to understanding the complexities of your client’s life. “How much money do personal injury lawyers make?” Just because you see large numbers on billboards doesn’t mean that that money gets paid out. A plaintiff lawyer can get a large verdict, but no actual dollar value is exchanged if the defendant can’t pay it. You can reach Jack at: 512-246-2224 | |||
| Culture and Growth in Firm Building | 11 févr. 2025 | 00:15:52 | |
In part one of a three episode series, Zinda Law Group CEO and founder, Jack Zinda answers your questions about managing your law firm. Discussed in this Episode:
Scaling a Firm “I’ve hit a plateau with my firm’s growth. What strategies do you recommend to scale beyond the 7-figure mark?” - The first question you need to ask yourself is “what number am I trying to get to? There are dozens of ways to scale a law firm but if you don’t have a firm number or end goal, you won’t be able to build a map to get there. Firm Culture “How do I build a culture where my team is as invested in the firm’s success as I am?” - The short answer is: you can’t. No one will be as invested as the founder and that is because of a myriad of reasons including the financial commitments and pressures to succeed. That being said, there are still ways to improve the level to which your team cares. Some questions to ask yourself are: What is it about your firm that makes you special? Do your employees enjoy their work? What are their struggles? Jack’s final word of advice: “Don’t have jerks at your company”. Leadership Skills “What’s the #1 leadership skill that helped you grow your firm?” - Learning to communicate complicated messages in a simple way is the most effective way to keep your team motivated and moving forward. Before you can even do that you need to go back to the beginning and make sure that you have your map laid out and ready to be communicated. Resources: The E-Myth by Michael E. Gerber You can reach Jack at: 512-246-2224 | |||
| 7 Ways to Boost Case Value | 21 janv. 2025 | 00:17:39 | |
In this episode, Zinda Law Group CEO and founder Jack Zinda discusses ways to maximize the value of your cases. Discussed in this Episode:
Put Enough Resources on the Case How do you tell the story if you don’t put the work in? Prioritizing time to understand nuances in the case can pay big dividends rather than rushing through things. Photo Evidence We humans are visual creatures, and because of that, a good photo can make a world of difference than just testimony or medical records. Images from the Medical Records When you get medical records, you also get MRI, CAT scans, etc. As we said above, photo evidence is crucial when swaying a jury’s opinion on the accident. Master the Medical Terminology The defense will often try to downplay a diagnosis by labeling it something it isn’t. If you don’t have the knowledge to understand what that means, you might get blindsided and receive a smaller outcome. Slow Down the Timeline To explain the suffering that your client faced or is still facing, it can be essential to get down to the minutia. If the accident ended in death, explain the pain and suffering that the person would have felt during their last moments. For those with life-altering injuries, break down what their day-to-day looks like and give them. You Have to Tell the Client’s Story Make it as personal as possible. Who is affected by the loss of this person? What is the quality of life for those who miss or rely on their loved ones? Painting an accurate picture of what life looks like now will further humanize the situation and give the jury more to latch on to. You can reach Jack at: 512-246-2224 | |||
| Journey from TV Reporter to Attorney | 17 déc. 2024 | 00:34:44 | |
In this episode of The Effective Lawyer, Zinda Law Group CEO and founder Jack Zinda is joined by Associate Attorney Max Massey as they discuss Max’s unique journey from TV reporter to attorney. Discussed in this Episode: How being on television can help you in the courtroom
Max talks about the importance of being good at public speaking and how being a TV reporter helped him gain confidence. As a reporter, you often speak with people who are having some of the worst days of their lives. These experiences can help you understand how to talk with people empathetically and give you tools to explain their stories before ever entering a courtroom.
When starting out in any career with a public speaking element, sometimes it’s better to be put out there before you are 100% ready than to wait until the perfect moment and allow your nerves to get the better of you. Max and Jack both recount stories of times when they were thrown into situations and had to sink or swim.
As Max’s television reporter career progressed, he often found himself wondering why they didn’t have someone on the team with a law degree. They would often have to find guest experts to weigh in on issues and Max thought that it would be easier if someone on the staff could be that expert. Eventually, he was faced with the choice between climbing the ladder to become an anchor or commit to law school.
Balancing school and a job can be overwhelming, so how did Max do it? Make a pre-itemized list, create a contract with yourself, and hold yourself accountable. Max excelled in school and was a standout on the negotiations team.
Max lays out how he simplifies the message he’s trying to convey. You may only have 60-90 seconds on the news to explain the story, so challenging yourself to simplify the story as much as possible while still getting the point across is an excellent practice.
Having a foundation of work professionalism is so important for the transition into law. It’s one thing to understand law, but the soft skills that are gained by being in a professional environment are invaluable. You can reach Jack at: jack@zindalaw.com | |||
| Building a Strong Wrongful Death Case | 03 déc. 2024 | 00:09:26 | |
Summary In this episode, Zinda Law Group CEO and founder Jack Zinda goes over his 7 keys to a strong wrongful death case. Discussed in this Episode:
Identify Who is an Eligible Client It’s really important to know who can and cannot be considered eligible to bring a case. These are almost always direct family members outside of siblings. This can differ from state to state, so always check this before moving forward. Conflict of Interest Establishing who you should represent and how to divide the funds is a crucial step in avoiding many of the headaches that come with these kinds of issues. You can often use common sense to figure out the best path forward, I.E., not representing both a stepmother and an adult child who doesn’t get along. Discuss Settlement Amount Before you get too far along in the process, it’s important to have the dollar amount set. Once there’s real money on the table, it can be much more difficult to have these conversations. Identify Sources of Recovery Don’t trust the insurance company, business, or anyone involved with the defense regarding insurance policies. Oftentimes, you’ll need to pry to get them to reveal sources of recovery that they wouldn’t have done on their own. Look at Subrogation Representing the client incorrectly (like how “Paul” represented the estate instead of an individual person) can completely change how and where the money is distributed. Look at the downstream effects and try to imagine what the outcome could be. Release Language Make sure to tie everything up in regards to who can make a claim to the money on the off chance that an unknown parent, child, or family member who was previously undisclosed makes themselves known. Plan Ahead It might sound obvious, but doing your due diligence before you begin your case will make all of the difference in the outcome. Utilize any and all information you have access to, including other lawyers. You can reach Jack at: 512-246-2224 | |||
| Avoiding Costly Plaintiff Errors | 19 nov. 2024 | 00:31:15 | |
Summary In this episode, Zinda Law Group CEO and founder Jack Zinda is joined by Lead Trial Lawyer Drew Bell. They discuss common errors from both sides of the courtroom and the lessons they’ve learned. Discussed in this Episode:
Avoid Overreach Drew talks about the concept of “playing it vanilla” when you’re a plaintiff lawyer and how that differs from being a defender. As a defender, you’re often tasked with finding ways to elicit emotional responses from the jury in a way that masks or avoids the reason for the case. The defender may look for something the plaintiff lawyer presents and may attempt to spin it.
As a defender it could be in your best interest to allow the plaintiff lawyer to make mistakes. Allowing the plaintiff to submit evidence that won’t help their case or even hurts their case gives you more opportunity to poke holes. Bringing in a pellet council can be a great way to ensure that problems don’t slip through the cracks.
“Jury selection is Opposite Day” for defendants. Instead of trying to find jurors who will be favorable to your case, you’ll instead want to weed out those who will judge your case most harshly. Some preconditioning can be fine, but it’s much more important to get rid of the jurors who are going to kill your case. Telling the Story One of the biggest mistakes plaintiff lawyers can make is spending too much time on the story. While it’s important to present enough evidence in your case, you have to make sure that you aren’t getting lost in the narrative and cause the jury to check out. Jack suggests watching true crime documentaries and watch how they concisely tell the story.
If you are able to, you should test your number with an audience. A big mistake can be asking for more than what the jury thinks the case is worth. It’s also worth noting that revealing the number too early or too late can cause the defense to attack that number or shock the jury by the number. Getting an expert witness who doesn’t have any direct connection to damages awarded can be effective as well.
Don’t be a jerk when it comes to attacking witnesses. Just because something was “bad” doesn’t mean that it will win over the jury. Jack provides an example of a defense attorney who attacked the plaintiff’s mother and how badly it backfired.
Drew talks about the balance between having a “scorched earth” amount of evidence vs. running your trial too efficiently and the issues that can result from each side. You can reach Jack at: jack@zindalaw.com | |||
| Adding Value with PTSD Claims | 05 nov. 2024 | 00:14:35 | |
Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about PTSD and how identifying it can affect personal injury claims.
Discussed in this Episode:
What Does a PTSD Case Look Like?
PTSD or Post Traumatic Stress Disorder is a mental condition that is usually caused by an intense and negative event. This can be something as small as getting stuck in an elevator or as big as watching someone die. This disorder often presents itself as a stress and anxiety feedback loop that appears when the person is placed in a similar situation as the one that caused the PTSD. There are even instances where the expression of PTSD symptoms can be worse than the original incident itself.
How to Identify a PTSD Case?
Start talking with family members or friends and see if they’ve noticed a change in the client. Look through their medical records and see if they’ve been seeing a therapist that specializes in traumatic events and get their opinion on what the ramifications of it are.
Challenges in PTSD Cases
Don’t assume that everyone who has been through something traumatic has PTSD. Trying to push a narrative that isn’t there can only do harm in getting your client the verdict they need. You also need to take a lot of time with the client. If you don’t really know them, it’s going to be a lot harder to make a credible claim. Remember to be empathetic and search for the answers if you feel like something is below the surface. Like a person whose most recent traumatic event is triggered from something that happened to them as a child.
Mental Anguish from State to State
Mental health cases can be subjective based on your state and their own laws. Do remember that when you’re opening a person’s mental health records, that information can be used against your client. So it’s important to get a holistic view of their mental health before claiming PTSD. Write down your element of harm and compare it with others from your state if you’re unsure what would be admissible.
Increasing the Value of the Case
“Why is this a big deal?”. In order for the jury to really understand the magnitude of the damages, you need to be able to tell your client’s story, you need to be able to tell them why it’s a big deal. If someone no longer feels safe to drive and you’re able to relate that story to the jury in a way that garners empathy, that can add to the dollar amount of a case’s worth.
You can reach Jack at:
512-246-2224
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| Measuring What Matters | 22 oct. 2024 | 00:13:38 | |
In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about measuring your law firm and determining what matters. Discussed in this Episode:
What is a Scoreboard? A scoreboard is simply a collection of data that provides a rounded view of the law firm and how it’s functioning as a whole, shared with a large group of people. This can include fees collected, demands sent, and other things. It can create what Jack calls “fame and shame”. It celebrates those who are doing well and it makes it known who is struggling or slacking. Why Does it Matter? Jack recounts a story of early in his career when the firm he was at was failing to get fees. He took a large amount of data and found out that certain lawyers were more productive than others and looked at where those certain attorneys were succeeding. By creating a data set for him to look at he was able to meet with the attorneys who were struggling, found their weaknesses and was able to coach them up to a higher standard, thus bringing the success of the entire firm up. That only lasted for a few months though and after a while Jack realized that performance would always improve when given the information, but then slump again. The solution? Keep that data available and in the open at all times. What are the Best Practices? Don’t just use data for data’s sake. Find out what data actually matters and motivates your team. Once you have the relevant data, use a side-by-side graph to show what their expectations are to give them a visual example of what they need to improve on. Then delegate to managers or assistants to continually pull data as new information comes in. Some people may find it disconcerting to find out that they are low on the scoreboard, so having steps in place to make sure that they get the resources they need to succeed is important. Mistakes Law Firms Make You don’t need to purchase expensive or fancy software. Programs can give you too many options and KPIs that can make things overwhelming and unnecessary. Things should be simple and clean. Don’t assume that people can decipher what the numbers mean. Color coding performance is much easier for a group to understand than getting them up to speed on why and how the numbers are what they are. Remember to announce this ahead of time so people don’t think that they’re in trouble. You can reach Jack at: 512-246-2224 | |||
| Investigating Ski Accident Claims | 17 sept. 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 sept. 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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| Time Management for Lawyers | 03 sept. 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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| Avoiding Errors in Child Injury Claims | 20 août 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 | |||
| Legal Tips for Accidental Shooting Cases | 06 août 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 | |||
| Finding Recovery Sources | 11 juin 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 | |||
| Valuing Tough Cases | 27 févr. 2024 | 00:09:07 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about liability cases and the best practices for evaluating them. Discussed in this Episode:
What is the Upside? In order to prevent ourselves from wasting valuable time and money, we need to evaluate each case step by step. Let’s start with the most obvious question: what is the upside? Before spending any time researching the case, you’ve got to make sure that there’s value there. Assume it goes to Trial Though it may look simple on the outside, assuming that each case will go all the way to trial will save you from losing time and money on the backend. By setting worst-case expectations, you will often find that you’re rarely put in a situation that isn’t profitable.
Your Theory of the Case Look at the case and imagine your best outcome. Of the things you don’t know, what do you want them to be? By narrowing your focus to the few pieces of information you’d require to take on the case, it will be easier to evaluate.
The Odds of Success Take all of the data that you’ve collected and make a determination based on similar cases you or other colleagues have had. Calculating the odds or percentage of success should give you a really good idea of whether the case is worth taking or not. You can reach Jack at: 512-246-2224 | |||
| Making CLE Worth Your Time | 13 févr. 2024 | 00:08:34 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about becoming great at anything by continuing education. Discussed in this Episode:
Break Things Down Instead of focusing on the end goal, break things down into smaller pieces. Your goal may be to become the best trial lawyer possible, but if you get too wrapped up in the big picture, it can become overwhelming and hamper your ability to learn effectively. The Classroom Portion While having real-world experience is a must, it’s best to start with your own research. Jack talks about how he listens to CLEs while working out and how education connected with a physical activity can be very beneficial. This is also a great time to begin to work through how you would use this knowledge in the real world. Either by rehearsing it with yourself or with a mentor.
Real World Rehearsal This is a great time to begin to work through how you would use this knowledge in the real world. Either by rehearsing it with yourself or with a mentor. This can also be a great time to watch someone else do it and reflect upon the differences between the two.
Tweak the Process Now is the time to review everything you’ve learned, seen and worked on and make it your own. Never be afraid to adjust as new information becomes available and be flexible to stay on top. You can reach Jack at: 512-246-2224 | |||
| Spotting Strong Cases Early | 30 janv. 2024 | 00:20:55 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about identifying and choosing the right cases for your practice. Discussed in this Episode:
The Initial Phone Call When a potential client calls your firm, it may seem obvious to take the call. Yes, this may end up being a client, but more often than not, this call will end up being a case you won’t want to take. Creating a screening process will save your practice a ton of time and make your initial calls much more effective. The Screening Process Having the proper phone script and intake form goes a long way to help find the right client. Enabling your receptionist to use both effectively will take a lot of work off your table.
The Pillars of Evaluation The primary benchmarks for Zinda Law are these three pillars. First, who is liable? Second, what are the damages? And third, what is the source of recovery? All three pillars must be inquired about before moving forward on a case.
Be Personable Once you’ve determined that it’s time to have your initial meeting with the client, make sure to treat them like a person and not just a lawyer and client relationship. Personability and empathy go a long way to make them feel comfortable, confident in your abilities and an overall sense of trust. If this step makes you feel uncomfortable, now is a great time to practice with colleagues or use a recorder to evaluate yourself. How to Say No If after the initial meeting you find yourself declining the client, it’s still important to make sure that it’s handled with empathy. Leaving on good terms can net you work in the future if the client feels like you truly care about their situation. When You Say Yes Just because you say yes, doesn’t mean that they will. Now is the time to pull out all the stops to show them why you’re the A+ rockstar lawyer who will get the job done. This is the time to talk about your accomplishments and awards. Do be warned though, this is still an area you should practice to avoid coming off as ignorant. The Next Level of Investigation This is the time when we take our three pillars of evaluation and dig a lot deeper. This includes verifying the claims of the client, getting documents and making sure that the truth is one that will result in damages awarded for your client. Appointment Only It’s important to stay in consistent contact with your clients during the early stages of the case. The best way to do this is by scheduling your appointments with them. Being prepared for a call with the case notes in front of you will allow you and your client the ability to get right to the point and make these calls effective. You can reach Jack at: 512-246-2224 | |||
| Staying Sane While Running a Firm | 09 janv. 2024 | 00:13:33 | |
Summary In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about his personal strategy for staying sane while running a firm and practicing law. Discussed in this Episode:
Don’t Outwork the Problem This is the most common and obvious way to keep yourself from burning out or cutting corners. You may be able to work 80 hour weeks, but eventually it’s going to catch up with you in the form of mistakes, exhaustion and tension with family and friends. Areas of Focus You have a finite amount of time to devote to your work. Once you’ve established a healthy work-life balance, you’ll then need to find ways to be more effective and efficient. Mapping out your areas of focus will go a long way to ensuring keeping yourself on track.
What Am I Trying to Achieve? Look at the long-term goals of your practice and make sure that they line up with how your practice is currently being run. Is there a clear path? Or do you need to tweak your role to better suit the business?
Mapping Out Your Time Beyond the areas of focus, it’s also important to map out the rest of your time to ensure that you feel satisfied with your role. For example, Jack loves to practice law and tries to make sure that is working on law-based tasks a third of the time. Establishing Hard Edges Once you’ve mapped everything out, now you have to follow through. Scheduling everything each week, including time when you’re just working alone is important. If you fail to adhere to the schedule, the system will fail. Finally, look back each month and inventory your work. What areas need to be tweaked? Links: You can reach Jack at: jz@zindalaw.com 512-246-2224 | |||
| The $1.5M Last-Minute Case | 02 janv. 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 déc. 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 déc. 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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| 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 sept. 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 sept. 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 sept. 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 sept. 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 août 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 août 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 août 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 août 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 juil. 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 | |||
| What It Takes To Win Difficult Cases: Part 1 | 18 juil. 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 juil. 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 juin 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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