Trial Lawyer Nation

In this episode of Trial Lawyer Nation, Michael talks with his law partner Malorie Peacock to discuss his recent virtual seminar, Cowen’s Big Rig Boot Camp. They draw parallels between the seminar and the courtroom, including utilizing camera angles through Zoom, energy management, and how to use slides and graphics effectively. Michael also shares a sneak peek inside his upcoming Trial Guides book on trucking law.
The episode begins with a brief overview of what Cowen’s Big Rig Boot Camp looked like in 2020. While it remained a 6-hour trucking seminar, it was done entirely virtually. Michael describes the multitude of tactics he used to keep the audience engaged, which included celebrity appearances and surprising attendees with actor and comedian David Koechner live.
He notes one of the biggest engagement factors was the use of multiple camera angles and a professional AV crew. Through this, he was able to stand for the presentation and use hand gestures naturally. Malorie and Michael draw parallels between this and a Zoom hearing or trial and agree they’d like to find a way to stand while conducting Zoom hearings. Michael goes as far as to say he’d like to set up a Zoom “studio” in the office in the future, and says he would even hire a professional AV crew again if he had a very big hearing or a virtual trial.
Malorie comments on how surprised she was that utilizing multiple camera angles made such a big difference in the presentation engagement. Michael agrees, and explains how he first heard of this concept from Mark Lanier who utilizes a 3-camera setup for his depositions. When showing depo footage in trial, Lanier will only show the same camera angle for 7 seconds. (This is how they do it in the news media to keep the audience engaged.) If virtual trials move forward, these concepts will all need to be considered to effectively produce a dynamic virtual experience which holds the jurors’ attention.
Malorie then asks Michael a question which must be on everyone’s mind, how did you keep your energy up for 6 ½ straight hours of speaking to a camera without a live audience? Michael notes how similar this was to presenting in a courtroom – you can be absolutely exhausted, but as soon as you step in the room, “you’re on.” He also explains how you can’t be high energy the entire time without coming off frantic and stressing your audience out. The key is to have a range of highs and lows, which serves to conserve your energy and make the highs more impactful.
This type of energy management has taken Michael years to master, and he shares an insightful story from a trial 15 years ago where he learned an important lesson – even if you can’t say everything you want to, you need to slow down and make it about the listener.
Michael goes on to explain his mindset change through the teachings of Carl Bettinger in the book “Twelve Heroes, One Voice.” He used to think it was his job to win the case, but now he knows that’s the jury’s job. And by incorporating this mindset, it’s abundantly clear that the jury deeply understanding the case is much more important than you saying everything you want to say. Malorie then describes her own journey through this, when she was told she speaks very loudly when she’s telling a story she’s passionate about. She realized this comes off as abrasive when the jury isn’t there with her yet and has worked to consciously change this.
Another strategy Michael used to manage his energy during the presentation was the strategic use of PowerPoint slides. He incorporated a variety of both “busy” slides filled with information and simple slides with just a topic or phrase. While presenting the information dense slides, he could be lower energy. But when there was a simple slide,