2018 FJA Workhorse Convention Cont.

Throughout the 2018 Annual Workhorse Seminar many speakers discussed video and how video can be utilized within their practices. On Tuesday, Gerry Oginski from The Law Office of Gerald Oginski in Great Neck, New York discussed, “How Video Marketing Can Make You a Better Trial Lawyer and Get You Better Cases.” Mr. Oginski began his presentation by reminding the attorneys in the room that whether or not they want to admit it, each and every one of them is a marketer and a salesman. Generating trust and credibility is a key component of being a marketer, but before trying to gain the audience’s trust, attorneys need to understand the purpose of a legal marketing message. Mr. Oginski states, “The purpose of the message is to get someone to notice you and then to take action.” One way to get noticed is by producing a “pattern interrupt”, which is essentially a psychological motivating trigger that gets someone to take notice. Stand out from the crowd! Get noticed by getting into the minds of your audience and then speak to them directly via web videos posted on your web page and Youtube account.

The great Gary Gober from Gober Law in Nashville, Tennessee had an interesting presentation about, “The Trial Lawyer and The Meaning of Life – The Powerful Presentation of Damages in a TBI Case.” Most traumatic brain injury cases are classified as “mild” which means they don’t show up on CT scans and are more difficult for the other side to understand the extent of the plaintiff’s injury. With these type of cases, it really comes down to what makes life worth living. Experts, animations, and medical reports are important but they are not generally what wins cases. Before and after witnesses are incredibly important because they help paint the picture of what the plaintiff used to be like and how they are different now. The value of the case should not be based on the past and future medical expenses, but instead on the life they are now missing out on. “What is the value of losing the memories of your loved ones” Mr. Gober discusses and how so much can be taken away from the victims of a traumatic brain injury. The goal of the attorney is then to convey that emotional message to the adjusters and jury.

Compiling a video presentation that includes before and after witnesses along with footage of how the plaintiff must live present day and photos of how happy they were before the accident at hand can be insightful for adjusters to see. Video has the ability to show what written words cannot.

Frank Branson from Dallas, Texas enlightened the audience about, “Demonstrating Your Case to the Jury – How It Can Make a Difference – Imagination, Creativity, and Innovation.” Mr. Branson discusses the difference between an average and a great lawyer. The answer is simple. Persuasion. If you are not persuading the jury then you are failing to hit the mark. One way of doing so is by speaking the juries language, which can be done through stories. Juries love stories. Mr. Branson points out, “We learned as children from stories. We didn’t like going to bed, but we loved the stories our mothers, dads, and grandparents told us.” As adults, we continue to love being told stories. Think about television shows and movies and why they are are so popular. The audience is entertained by being told a story.

A video is such a powerful way to not only tell someone’s story but to show it. Whether you are showing a settlement documentary during mediation or a day-in-the-life video at trial, your audience is able to see first hand what your client goes through on a day to day basis. With technology being such a huge part of our lives, seeing first hand on a television screen is a lot more persuasive than reading papers or hearing someone’s reenactment of events. Video persuades!

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