Episodes
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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 recoveryWhat is an “affidavit of no other insurance”?“Hiding the ball”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.
What is an “affidavit of no other insurance”?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.
“Hiding the Ball”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
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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?Assuming it goes to trialYour theory of the caseThe odds of successWhat 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
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Missing episodes?
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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 downThe classroom portionReal world rehearsalTweak the processBreak 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
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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 callThe screening processThe pillars of evaluationBe personableHow to say noWhen you say yesThe next level of investigationAppointment onlyThe 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
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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 problemAreas of focusWhat am I trying to achieve?Mapping out your timeEstablishing hard edgesDon’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:
Getting Things Done
The E Myth
You can reach Jack at:
512-246-2224
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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 factsGathering informationUnique elements to this caseBuilding the caseAllocating the fundsPutting in the effortThe 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
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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 scorecardFinding ideal candidatesThe hiring processScreening, testing & InterviewingWhat 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
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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 controlHow to improve your rating and get positive reviewsRespond to reviewsMake the askWhere 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
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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 caseCash flow is critical to successHow 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:
512-246-2224
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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 clientWhat limitations were caused by the injury?What is the duration and worth of the harm? The loss of earning capacity worksheetLoss 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
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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 timeThe “theory of the case”Create your discovery questionsMotion to compelFind 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
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Discussed in this Episode:
Make sure you’re the bestBe confident & empatheticBe prepared & stay calmPractice makes perfectMake 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
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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 takingAre the damages worth the risk?What information to assembleExfoliation letter and witnessesCredibility is criticalDetermining 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
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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”?How to find your niceBecome an expertHow to market to your niche?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
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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:
Approach the case by creating a “snapshot” of the construction siteCreate detailed documentation showing all of the parties involvedOSHA & ANSI Regulations are key resources when understanding faultMany victims are undocumented workersWorkers comp typically bars you from being able to proceed with the caseThese are tough, expensive cases. Make sure that the damages justify taking the case on. -
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?
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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 [email protected].
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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:
Why is working in this field enjoyable?Investigation is keyTechnology, cameras and 911 tapesExperts to employTruckers and their patterns of behaviorTrucker companies: role and hiring responsibility -
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:
Creating a discovery planWhat a corporate representative deposition isThe order of discoveryObtaining information the defence is hidingCommon mistakes when handling discovery -
Summary
In this latest episode of The Effective Lawyer, the Zinda Law Group team discusses how to investigate a personal injury case, or really any complicated liability case for either your clients or for your practice. As in all cases, they highlight the importance of getting your investigation underway quickly and getting to work on it immediately. Sharing their thoughts and experience with Jack are his law partners Joe Caputo and Neil Solomon.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
Don't take liability for granted on the investigation sideDon’t just rely on the crash reportGet physical evidenceDo not accept conceded liability, because they won't concede it at trialGet out of your office, get out and go do the investigation work - Show more
