The Effective Lawyer

Jack Zinda
The Effective Lawyer

The Effective Lawyer teaches ambitious trial lawyers how to grow their skills and create a prosperous law firm. Using lessons learned by accomplished attorneys from around the country, we discuss lessons learned through their trials and tribulations. Our discussions cover a vast range of topics sought out by attorneys looking for advice, from depositions to how to market your law firm. The show is hosted by Jack Zinda, Founder and Senior Trial Lawyer at Zinda Law Group. In less than 15 years, Jack and his team have grown Zinda Law Group from 3 attorneys to over 30, spanning several states and handling a variety of personal injury cases from gas explosions to truck accidents. Jack and his guests share their knowledge and skills that they’ve acquired through the process of building one of the most successful plaintiff’s law firms in the country. In each show we cover a new topic that an ambitious attorney would want to better understand, while providing practical skills to improve their legal practice. For more information, visit https://www.zdfirm.com/the-effective-lawyer

  1. From Newsroom to Courtroom: Max Massey’s Journey from TV Reporter to Attorney

    17.12.2024

    From Newsroom to Courtroom: Max Massey’s Journey from TV Reporter to Attorney

    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 courtroomMax’s transition into lawFinding your motivationHow to excel as a reporter and lawyerAdvantages of being a professional before becoming a lawyer 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. Sink or Swim 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. Max’s Transition into Law 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. Finding Your Motivation 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. How to Excel as a Reporter and Lawyer: Simplicity 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. Advantages of Being a Professional Before Becoming a Lawyer 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.com512-246-2224

    35 мин.
  2. 7 Keys to a Strong Wrongful Death Case

    03.12.2024

    7 Keys to a Strong Wrongful Death Case

    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 clientConflict of interestDiscuss settlement amountIdentify sources of recoveryLook 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: jack@zindalaw.com 512-246-2224

    9 мин.
  3. Avoiding Common Plaintiff Errors: Lessons from Both Sides of the Courtroom

    19.11.2024

    Avoiding Common Plaintiff Errors: Lessons from Both Sides of the Courtroom

    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 overreachPellet issuesAdvocacy mistakesTelling the storyAsking for moneyAttacking witnessesDiscover battles 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. Pellet Issues 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. Advocacy Mistakes “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. Asking for Money 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. Attacking the Witnesses 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.  Discovery Battles 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.com512-246-2224

    31 мин.
  4. Maximizing Case Value: How Identifying PTSD Impacts Personal Injury Claims

    05.11.2024

    Maximizing Case Value: How Identifying PTSD Impacts Personal Injury Claims

    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? How to identify a PTSD case? Challenges in PTSD cases Mental anguish cases from state to state How does this increase the value of the case?     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:    jack@zindalaw.com  512-246-2224

    15 мин.
  5. Scoreboards for Success: Measuring What Matters in Your Law Firm

    22.10.2024

    Scoreboards for Success: Measuring What Matters in Your Law Firm

    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 makeWhat 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: jack@zindalaw.com 512-246-2224

    14 мин.
  6. Ski Injury Cases: Key Insights and Investigation Tips

    17.09.2024

    Ski Injury Cases: Key Insights and Investigation Tips

    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 claimsEstablishing liabilityWho 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: jz@zindalaw.com 512-246-2224

    9 мин.
  7. The Rise of AI: Transforming Your Law Practice for the Future

    03.09.2024

    The Rise of AI: Transforming Your Law Practice for the Future

    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:    jack@zindalaw.com  512-246-2224

    12 мин.
  8. The Art of Time Management: Tips and Tools To Master Efficiency For Your Law Firm

    03.09.2024

    The Art of Time Management: Tips and Tools To Master Efficiency For Your Law Firm

    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 maximize productivity The biggest time management challenge as a Lawyer & CEO Finding your priorities  Technology tools for time management     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:    jack@zindalaw.com  512-246-2224

    12 мин.
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The Effective Lawyer teaches ambitious trial lawyers how to grow their skills and create a prosperous law firm. Using lessons learned by accomplished attorneys from around the country, we discuss lessons learned through their trials and tribulations. Our discussions cover a vast range of topics sought out by attorneys looking for advice, from depositions to how to market your law firm. The show is hosted by Jack Zinda, Founder and Senior Trial Lawyer at Zinda Law Group. In less than 15 years, Jack and his team have grown Zinda Law Group from 3 attorneys to over 30, spanning several states and handling a variety of personal injury cases from gas explosions to truck accidents. Jack and his guests share their knowledge and skills that they’ve acquired through the process of building one of the most successful plaintiff’s law firms in the country. In each show we cover a new topic that an ambitious attorney would want to better understand, while providing practical skills to improve their legal practice. For more information, visit https://www.zdfirm.com/the-effective-lawyer

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