The Effective Lawyer

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
• Budgeting for growth
• Biggest legal myth

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:

[email protected]

512-246-2224

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?
• Why does it matter?
• What are the best practices?
• Mistakes law firms make

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:

[email protected]

512-246-2224

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
• Conflict of interest
• Discuss settlement amount
• Identify sources of recovery
• Look at subrogation
• Release language
• Plan ahead

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:

[email protected]

512-246-2224

Discussed in this Episode:

• What are core principles?
• Zinda Law Group’s core principles
• Should your core principles evolve?
• How do you apply them?
• Holding your employees (and yourself) accountable

What Are Core Principles?

Your core principals are your “bill of rights” that all decisions are based on. A mission statement or “core purpose” describes who you are. Your core principles are the action steps to achieve that mission statement.

Zinda Law Group’s Core Principles

Jack breaks down how Zinda Law Group established their core principles and explains what they are. 1. Failure’s not an option: “By doing the little things right... that leads to really big results”. 2. It’s only the best: Everyone at the law firm must be an A player in their role. 3. We’re going to outwork our opponent: “if there’s a problem on a case, we’re not going to give up until we find a solution. 4. We all take out the trash: Everyone will be treated equally 5. We make data driven decisions.

Should Your Core Principles Evolve?

Revisit no less than once a year. Core principles shouldn’t be something that easily changes, but they should be reevaluated often and make tweaks when necessary. Look 10 years into the future, will your core principles make sense as your practice grows?

How Do You Apply Them?

Repeat them often. Bring up your core principles at every opportunity. Put your core principles in your job posting to keep the wrong people from applying. “The People Analyzer” is a tool they use to determine how consistent their employees are with their core principles and is also used to determine raises, hirings, firings etc.

Holding Your Employees (and Yourself) Accountable

One of the most difficult things to do is release an employee who is a great worker, but doesn’t mesh with company culture. Look in the mirror and make sure you’re adhering to your own values. If you aren’t following the practices core principles, then why would your employees? If no effort is made, releasing that “star” employee is the right thing to do.

You can reach Jack at:

[email protected]

512-246-2224

Links:

Trillion Dollar Coach

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