News — Keith Mitnik

Written by David Rosenthal, CCTLA First Vice President Originally published in the Fall 2020 issue of The Litigator, a quarterly magazine from the Capitol City Trial Lawyers Association. When it comes to learning to be a trial lawyer, nothing is more valuable than actually trying cases. But sometimes, for instance during a pandemic, it’s all but impossible to get in front of a jury to try a case or even to attend a trial skills seminar. In these times, learning trial skills is more about reading some of the many good practice guide books or attending virtual seminars. There are too...

In Hidalgo County, Texas, attorneys Michael Cowen and Malorie Peacock of Cowen Rodriguez and Peacock obtained a just multimillion-dollar verdict for the widow of a man who died during a trench collapse. The Case: Trenches tend to cave in, which is why there are safety regulations to prevent this. If a trench is over five feet deep, certain safety equipment is required. The defendant did not use the required equipment. The trench collapsed and the plaintiff’s husband died.  The plaintiff’s husband was undocumented and that fact posed an obstacle for the plaintiff’s case in trial. Also the plaintiff and her...

Don’t Eat the Bruises: How to Foil Their Plans to Spoil Your Case Having a mentor is critical to a young lawyer’s development and growth. Throughout my 18 year career, I have been fortunate to learn from one of the best lawyers in the business-Ric Domnitz. While I will never be able to deliver a summation as effectively as Ric; nor cross-examine a witness as well-nor handle any aspect of the litigation process as well as Ric, for that matter-I have learned a lot from Ric about interacting with people and becoming an effective advocate at every stage of the personal injury...

Keith Mitnik, author of Trial Guides bestselling book, Don’t Eat the Bruises,recently obtained an $8 million verdict in a car crash case resulting in a herniated disc, in which $7.5 million were for noneconomic/general damages.Keith explained how the systems in his book paved the way for this greatverdict: “The venue was conservative, so I leaned heavily on the voir dire systemswhich allowed us to eliminate a bunch of biased panelists and get a fair jury.The defense was relying on their standard arguments that our client’s problemseither preexisted or were being exaggerated. They also accused her ofcovering up significant prior injury...