A President Helped Settle My Case

Throughout my career, one of the things I’ve learned is that the best cases are the ones that surprise you.

Maybe they’re challenging, asking you to step outside your comfort zone. They might seem open and shut, but take a ton of your time and energy.

And then there are those that seem impossible until you find exactly the right leverage.

Like when Abraham Lincoln helped settle one of my cases. (See story below!)

In my experience, you’re a great negotiator when you’re open to whatever gets you and your client to a “win”—especially if that thing is unexpected.

Being a disruptive lawyer isn’t just about disrupting the courtroom or the negotiation meeting. It’s also about changing the way you think about your cases and taking things in a new direction when needed. EVERY case is like a kaleidoscope, at every turn there is a new angle and new perspective to potentially use to resolve the matter.

You can’t disrupt the industry if you aren’t willing to experience some of those disruptions yourself.

Let’s disrupt something.

Bill

MASTERS OF NEGOTIATION

92% of all cases settle—but when? Before you hire counsel? After you’ve spent $5,000? Or $25,000? Or $50,000? Or $90,000?

Join me for Cruser Mitchell’s Masters of Negotiation series and come away with the skills you need to save legal fees and indemnity by creatively and efficiently resolving cases.

The Spring 2023 Series begins April 13!See upcoming webinar dates below.

April 13 — Playing Chess Instead of Checkers: A Strategic Approach to NegotiationApril 20 — Negotiation Dance Begins in the First Interaction with Plaintiff’s CounselApril 27 — The Leverage Point of Plaintiff’s NeedsMay 4 — The Leverage Point of CollectabilityMay 11 — The Theatre of MediationMay 18 — The Leverage Point of Educating Plaintiff’s CounselJune 1 — Soft Skills of a Master NegotiatorJune 8 — Tools to Resolve the Super-Complicated Multi-Party MessJune 15 — How to Negotiate Claims Valued Under $50,000June 22 — Identifying the 1% that will Go to Trial as Early as Possible

HOW ABRAHAM LINCOLN SETTLED A CASE 150 YEARS AFTER HIS DEATH

A few years ago, an email popped up from an insurance client with a new referral. The carrier wrote public entity business policies covering cities, counties, and sheriffs, so it was bound to be interesting.

Upon reviewing the lawsuit, I quickly learned it was filed by a pro se inmate sitting in the county jail against the local sheriff’s office. Not to brag or anything, but this was good news as I had a 100% winning record of dismissals against pro se inmates—the sort of streak that put the Disruptive Lawyer in the same conversations as Joe DiMaggio’s legendary 56-game hit streak. I was just really good against guys who didn’t go to law school or even college or high school for that matter!  ;) 

However, upon further digging, this one gave me some pause. The inmate asserted a First Amendment claim against a local sheriff. Further, there was a United States Supreme Court case literally on point holding that, assuming the allegations were true, the inmates rights had been violated.   

I spoke to the sheriff who confirmed that the facts were true meaning my winning streak against pro se inmates was about to end. I quickly had to redefine a “win” and deliver the best result possible.

While the inmate’s damages were almost non-existent, he had every right to a jury trial. Given a jury trial was a temporary “get out of jail free card,” the inmate, who was facing life in prison for a triple murder, made it clear that he was not interested in any “settlement.” Rather, he was excited to spend three or four days on a “field trip” to federal court for the civil trial.

Instead of immediately preparing for trial (and beginning to bill the client $20,000), I decided to visit the inmate. At the jail, a deputy warned me, “I’ve been doing this a long time, and this guy is different than anyone I’ve ever seen.  He has no soul.” After a brief introduction, the deputy departed so the unshackled and unrestrained “alleged” triple murderer and I could meet alone in a jail conference room. As I assessed the inmate and looked into his eyes, I quickly concurred with the deputy. The inmate's eyes were absolutely soulless.

In the meeting, I tried to develop a rapport and credibility with the inmate commenting that he wrote a very solid lawsuit that made it clear that he was well-read on the Constitution. This led the inmate to discuss his appetite for reading and his true passion, the Civil War. 

For the next 30 minutes, I asked many questions and the inmate educated me about his favorite battles and how President Lincoln brilliantly managed his generals. I highlighted that litigation was similar to war, as no matter how long you fight, eventually there is a treaty. Then I asked, “What would a treaty look like in this case?”

Due to the inmate’s excitement about the trial, he noted that he really hadn’t thought of any other treaty options. After sharing that court wasn’t really as fun as it sounded and it would be over in just a few days, I offered an alternative that would entertain him for weeks—a stack of books on the Civil War.  

The inmate seemed to get a twinkle in his soulless eyes (if that was possible) and that was it. The case was settled. (A year later he was convicted of the triple homicides but somehow avoided the death penalty.)

The inmate signed the dismissal with prejudice and, in return, I delivered four books, including the deal closer, A. Lincoln: A Biography. Though President Abraham Lincoln died in 1865, he was a key player in helping the Disruptive Lawyer resolve the case. Take that, Joltin’ Joe!

IN THE NEWS

Alex Murdaugh Had to Take the Stand

The #1 legal story for the last week was the Alex Murdaugh trial. The key issue going into the trial was opportunity and motive. However, the former was eliminated when the prosecutor proffered evidence from Murdaugh’s deceased son’s phone, putting Murdaugh at the murder scene minutes before the likely murders. Murdaugh had originally told police he was nowhere near the murder scene that night. 

Thus, Murdaugh’s only remaining defense was to try and sway the jury that while he was a no-good, dishonest, drug-addicted lawyer who stole from his clients and lied to police, he was not a monster who would murder his son and wife in cold blood.

While many experts disagreed on this tactic, I agree that the only way for the jury to assess if Murdaugh was NOT a monster was for him to take the stand and look in the jury’s eyes to convince them he was not a monster. Again, he’s a no-good, dishonest, blah, blah, blah, but NOT a monster.

Obviously, it failed. The jury only being out for a couple of hours proved that they were virtually already at conviction before he took the stand. His Hail Mary failed. Justice was served.

What do you think? Was Murdaugh taking the stand the best option?

The Disruptive Lawyer’s Little Recess

I thought we’d take a quick break from all the legal speak to talk about one of my passions—Tequila.

While I am a little hesitant to call Tequila a true “passion,” it has truly enhanced my “personal brand” 😉.

How? Well, I’ve never loved alcoholic beverages that much but do drink socially on the weekends. As you might have heard me say, I'd rather have a chocolate milkshake than a beer, so my alcoholic drink of choice was always something sweet like daiquiris, rum runners, margaritas, and the like.

Often, a server would bring drinks to me and my wife and give me the beer and her the daiquiri, which would then lead us to “trade” as the server walked away. Or, dinner out with my buddies would include the same old jabs, “Could you please give him an umbrella with his Cosmopolitan?”

I’d finally had enough! While on a diet where I couldn’t eat sugar, I learned Tequila has no sugar. It does have agave but that is NOT sugar.

In order to make tequila my drink, I had to shake off some BAD experiences with Jose Cuervo in college. (Ah the memories of Upside Down Margaritas.) Eventually, I learned that tequila is like wine (more on this in future recesses) which means there are wide taste and smell profiles of tequilas.

After various tastings, I settled on Casamigos Reposado as my go-to tequila—and it has nothing to do with the fact that George Clooney founded Casamigos and many say we look alike.

Now, every time I order a Tequila straight in place of my daiquiri, I feel like I’m a true BAD BOY!

Ready to get a little disruptive?

Join me for some Disruptive Litigation Advisement.

Thanks for reading The Disruptive Lawyer’s Little Newsletter.

Want to know more about how to disrupt litigation management? Follow me on LinkedIn.

Was this newsletter shared with you? Subscribe here.

As an alum of Michigan State University, I continue to think about and stand with those whose lives were altered or taken during the mass shooting on the MSU campus on February 13, 2023. This speech from MSU Basketball Head Coach Tom Izzo meant a lot to me, so I wanted to share it with you.