The Effective Lawyer – Details, episodes & analysis

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 
• Personal Injury claims
• Establishing liability
• Who pays out?

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:

[email protected]

512-246-2224

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? 
• Can AI change the way firms interact with clients? 
• Can AI help in settlement negotiations? 
• The pitfalls of AI 

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: 

[email protected] 

512-246-2224 

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
• Gathering information
• Unique elements to this case
• Building the case
• Allocating the funds
• Putting in the effort

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:

[email protected]

512-246-2224

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?
• Create a scorecard
• Finding ideal candidates
• The hiring process
• Screening, testing & Interviewing

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:

[email protected]

512-246-2224

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?
• Do damage control
• How to improve your rating and get positive reviews
• Respond to reviews
• Make the ask

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:

[email protected]

512-246-2224

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?
• How much can we spend?
• How to budget a case
• Cash flow is critical to success
• How often are you successful?

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:

[email protected]

512-246-2224

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 
• Accurately interview your client
• What limitations were caused by the injury?
• What is the duration and worth of the harm? 
• The loss of earning capacity worksheet

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:

[email protected]

512-246-2224

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
• The “theory of the case”
• Create your discovery questions
• Motion to compel 

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:

[email protected]

512-246-2224

Discussed in this Episode:

• Make sure you’re the best
• Be confident & empathetic
• Be prepared & stay calm
• Practice makes perfect

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:

[email protected]

512-246-2224

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
• Are the damages worth the risk?
• What information to assemble
• Exfoliation letter and witnesses
• Credibility is critical

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:

[email protected]

512-246-2224