MartinWren, P.C.

I had a pretty wild encounter the other day during a business meeting. Our law firm, MartinWren, P.C., is growing, and we are working with a branding agency to help re-design logos, etc. I'm always a bit skeptical working with an outside agency that is trying to speak on our behalf. We can tell them what we do as trial lawyers, how we can help people who are vulnerable and hurting, and how we will fight with both tenacity and grace. But unless they have participated in the process with us, it is hard to give voice to how this plays out. So imagine my surprise when I enter a meeting with four people from the branding company and I hear how they introduce themselves. The brand manager starts: "I have a really good idea about how you operate because my husband served as a juror in a trial that you and your wife did last year." Woah. That's incredibly random, unexpected, and, frankly, cool. But that information, standing alone, could be either good or bad. So I followed up. She said that he loved the process and learned a ton. Most importantly, he gave our client a great verdict. My head was spinning a little as I'm soaking this in. We then move on to the next team member who introduced himself. He looked really familiar. It turns out that he -- though not the brand manager’s husband -- actually served as a juror in one of our trials also. He also said that he loved participating as a juror, thought that the trial was "awesome," and that he enjoyed watching Lauren Byrne and I interact. He directly cast a vote in favor of a great verdict for our client. I instantly transformed from a skeptic to a believer insofar as working with this company is concerned. In a way, they might be able to articulate our identity better than we ever could ourselves. #triallawyers #juryverdict

You know how at the end of a family photoshoot some photographers will say, "OK, everyone, you've done a great job, now do some crazy faces and let loose!" This photo is not one of those. It is a photo of our kids during the serious part of the photoshoot. Looking back, we took this photo several years ago, right when I was in the thick of the entrepreneurial journey of building my law practice. Those were tough days of learning both law and business. There just were not enough hours in the day to master the craft of practicing law while, at the same time, learning how to do so in a way that paid all the bills. And then you throw in the challenges of tending to the needs of a growing family. Those early days were, in retrospect, crazy. But somehow, it all worked out. And now, looking back, I can see that we also had some fun and made some great memories. If you are in that stage, take time to stop, embrace the madness, and even laugh a little at the insanity. Someday you might actually miss it!

If you are in a corporate setting, you’ve certainly heard quite a bit about mindfulness. The concept of mindfulness, in a nutshell, is being fully present. Pretty simple concept. But in this world of meetings, hearings, appearances, calls, notifications, errands — you name it — it is far more challenging than it seems. Rather than engaging in some mindfulness exercise in my office, I’ve found that getting outside, way outside, is the best mindfulness exercise. Especially fly fishing out West. It is an activity that not only takes me far away from the pressing demands of the grind, it commands the focus of all of my senses. The tactile rush of icy water on my feet, the laser focus on a fly, the distant sounds of an osprey’s call, the smell of the pines (or, in the above photo, the faint smell of wildfires from hundreds of miles away). If you’ve been in the grind too long, your edges will dull and you will not be as effective. You need to find a way to both rest and sharpen your saw at the same time. The best way to do that is to escape, disconnect, and engage in some activity that makes you be fully present. I’m sliding into a long weekend with the family and looking to engage in the ultimate mindfulness exercise: wetting a line. Let me know if you have other activities that allow you to be fully present — I want to expand my repertiore! #mindfulness #beingpresent #mindful #triallawyer #flyfishing

They say that good jury verdicts lead to better settlements. It's true. We scratched and clawed to get some decent verdicts over the last several years. We will give some pointers on identifying which cases you should select as the best cases to try. Then, once you get some verdicts, you'll want to use those verdicts as leverage or fuel to help improve the settlements for every other client. At TLU In Las Vegas on October 19 at 3:15, Lauren Byrne and I will discuss the tactics we've used to make all of these things happen. We will also share three different settlement techniques and strategies we have used to obtain settlements for all of the available insurance policy limits. In fact, we will do a deep dive into a recent case where the insurance company offered policy limits of nearly $3,000,000 with the individual defendant contributing an additional personal contribution of $362,500. If you haven't attended TLU before, give me a call. I can walk you through the benefits of attending and give you some valuable insight. #tlu #triallawyersuniversity #trialattorneys #settlement #juryverdict #negotiationstrategy

There is an old African proverb that says: “if you want to go fast, go alone.?If you want to go far, go together." Trying cases to juries is done best when you use a team approach. In this episode of Trials of a Lawyer, we’ll talk about some of the hazards of solo trial work. Sure, you can do a jury trial all by yourself.?You can handle every phase of the trial, from jury selection to opening, direct exams to cross exams. But you might be like Dick Van Dyke's character in Mary Poppins -- you can play a tune, and people will recognize the song, but it will not be a masterpiece. Flying solo is not the best or most effective way to try a case. Even for just one or two day jury trials, there are just too many phases of trial with too much depth for you to be able to do everything to the best of your abilities. We will talk not just about the benefits of teamwork, but we’ll focus on the specific roles that should be filled when you are building your trial team roster. We will go beyond first and second chairs and talk about the witness wrangler, the tech guru, the designated hitter, the legal eagle back at the office, and the gatekeeper who is guarding the home front. This has worked for us.?It has not only improved our results, but it has made things much less stressful, much more fun, and everyone is deeply invested. How about you -- do you have other roles you fill? Have you been able to make things work with a smaller roster? #triallawyer #teambuilding #lawyerlife #trialteam

I've got a case of the "Settlement Blues." We were scheduled to start a jury trial the week after next. I've had the case for three years and have grown close to my client during that time. I know the profound impact his injuries have had on his life. We worked hard to build a really compelling case for the jury. Late last week, we received an offer that we just could not turn down. My client is happy. Though I'm also happy for him, there is a part of me -- an admittedly selfish part -- that is disappointed. We worked tirelessly not just to prepare this specific case, but we are always working behind the scenes to refine our courtroom skills. And, where, like here, we do not get to play in the big game that we've practiced so hard for, there is a part of me that feels let down. I'm sure others can relate. Time to put that away and focus on my other cases. #triallawyer #jurytrial #litigationandtrial #settlementblues

If you are headed to Huntington Beach this week for the Trial Lawyers University Conference, please consider joining me this Thursday the 6th at 2:00 p.m. for my session, “Try Your FRKN Case.” I did not choose the name of the topic, but it is a good one! I be joining a panel of other trial attorneys to share some secrets we have learned about taking tough cases through litigation and ultimately to verdict. We will cover a lot of topics, including: - making your case not just a battle of credibility, but a battle of integrity - when you should and should not depose defense expert witnesses - how to use body language as a sword and a shield at trial I’ll discuss our strategies and tactics used to obtain a total verdict of $2.2M in a commercial vehicle crash case where the defense offered only $125,000. I hope to see you there! #triallawyersuniversity #triallawyers #trialattorneys

The first two jury trials that I did with Lauren Byrne -- my wife and trial partner -- were complete disasters. My trial was set for a Monday and Tuesday in February 2020. Lauren happened to set her trial for the Wednesday and Thursday of that same week. My trial was for a tough case, but I thought I'd win. I had worked on the case for years, focus grouped it, and felt really good about it. Over my objection at trial, the judge made a ruling on a pivotal issue that I was certain was incorrect. The jury deliberated: defense verdict. I was beside myself. But I did not have much time for despair. That's because I had to get to Lauren's hotel to help her prepare for her malicious prosecution trial that started the next morning. The next day in her case, we picked what we thought was an ideal jury. Our evidence really came in well. Then, at the end of that day, we closed our evidence. Just like in most cases, the defense then made a motion to strike our case. They argued that we did not put on sufficient evidence to support our claim. We explained to the judge the appropriate standard of review, which required the judge to view all of the evidence in our favor. Viewed that way, we clearly touched all the bases and would survive the motion. But the judge disagreed. Disregarding some clear evidence in our favor, he chalked the case up to a "big misunderstanding," granted the motion, and dismissed Lauren's case. If there was one thing that made me immediately forget about my devastation, it was seeing my wife's. She is not a crier. But she was sobbing. So in the span of about 28 hours, the two cases that we thought would be our big introduction to the legal world blew up in our faces. After dusting ourselves off, we decided that we weren't done fighting. I was convinced the trial judge made a mistake in my trial and that it wrongfully derailed my case. And we thought the trial judge in Lauren's case made an appallingly bad ruling. We decided to petition for appeals. But that would be uphill in Virginia, where the odds were extremely slim to get an appeal in the first place. We nevertheless petitioned in both cases. Both petitions were granted. Then, against even greater odds, the Supreme Court of Virginia reversed BOTH cases and remanded both for new trials. Vindication! We learned in those first two trials that the calling to be a trial lawyer can be onerous, heartbreaking, and brutal. But if you sense this is your calling, you must be faithful to it. Never stop fighting. While these cases had happy endings, the reality is that many losses trial lawyers face will be irredeemable. We've felt that. And if you are a plaintiff's trial lawyer and you haven't felt it, you aren't trying enough tough cases. For more about these cases and topic, check out our latest podcast episode! https://lnkd.in/eU-NRimT #triallawyers #lawyerlife

I get the same response every time I tell people that I do jury trials with my wife. “I could never work with my spouse.” I get it.?I really do. Though Lauren Byrne and I met in law school and our relationship developed around our mutual love for the law, we never aspired to work together. We certainly never planned to try cases together. I don’t think the idea of trying a case together arose until probably 2019.?That was after we’d been married for 16 years, and it arose out of necessity. I’ll save it for another story, but our first two trials together – on back-to-back days – were heartbreaking losses. But, after that, something clicked. Since then, we’ve tried several cases to juries together, ranging from two day trials to trials lasting longer than a week. From truck crash cases to medical malpractice, traumatic brain injuries to an emergency cesarean section conducted without adequate anesthesia. We’ve had a blast doing it, and we've had the opportunity to help some amazing people. There are a lot of lessons to unpack from what I would agree is this unexpected and unplanned professional pairing. I have two thoughts in particular. First, never say “never.” Like many endeavors, trying cases is a journey best not traveled alone. If you are really fortunate, you’ll find a trial or business partner who complements you in ways you could not have envisioned. Don’t miss a potential dream pairing by rejecting possible partners out of hand. Second, trying cases together (with five kids at home) requires us to view our work as a family business. We have really tried, at least for local trials, for our kids to not notice too much of a difference in their schedules.?It is our goal for at least one of us to be home for dinner with the kids every night during trial. During trial weeks, our kids know that we are trying to help someone or a family who has suffered and might still be suffering. And though things are a little different in the weeks surrounding a trial, our kids buy in by helping each other and being graceful to us during those times. It is their little way of doing their part to help that family also. This is not what we planned. But I love how it has turned out and I would not change a thing. #lawyerlife #triallawyers #marriedlife #trialattorneys

My number one rule about mediations is that I will not hold them in my office. Why? It goes to what I consider the most important aspect of any negotiation: the party who is more willing to walk away from the negotiation has the most power. Generally speaking, I have a bit of a skeptical attitude about mediation in injury and wrongful death cases. I think a mediation tends to favor the defense over the plaintiff for a number of reasons that I'll not go into here. I also believe the defense considers it a big win to get the plaintiff to agree to a mediation in the first place. All mediations tend to unfold in the same manner, and I believe that process gives the defense a sense of control. I want to always protect my client's emotional well-being and their willingness to fight. In a mediation, there is no better way to show both than by walking away from the entire process with the hopes that you will achieve a better resolution at trial. I've been criticized for bringing the wrong attitude into the mediation process by having my exit strategy already planned. But, to me, having the willingness and ability to leave the mediation is the best way I've found to even the power dynamics of a mediation. Is this the wrong attitude for mediation? Anyone do something differently? #triallawyer #mediation #negotiationstrategy #trialattorney