Trial Practice

Why Hire Will?

Will is not the first seasoned defense litigator to “switch sides,” leaving high-stakes insurance-supported and corporate litigation behind in favor of representing the seriously injured. Will is, however, the first to have left at the pinnacle of his defense practice and while in leadership of an AMLAW 200 corporate defense firm with an international client base.

Many “insurance defense” lawyers leave their practice and sell the notion that they “know the insurance companies’ playbook.” The difference here? Will helped write it – defining how the world-wide insurance industry appreciates trial risk in Texas courthouses and determining how that risk contributes to their reserving philosophy and claims handling. Will’s opinions and advice were, many times, the most reliable datapoint used by the industry on how much to settle a case for or if the case should be tried.

Will’s experience, skill, and relationships are unrivaled, and that is why you will benefit when you hire him to assist you on your case. This is what sets him apart:

  • Led dozens of internal training conferences for the entire ladder of in-house claims departments for domestic and London-based insurers including their Presidents, Chief Claims Officers, Heads of Claims, Heads of Litigation Management, Associate Vice Presidents, Assistant Vice Presidents, and front-line claims adjusters on how a defense attorney should manage and resolve high exposure litigation in Texas. Much of the educational effort was directed to insurers who participate in high-excess exposure.
  • Led dozens of internal training conferences for underwriting teams for both domestic and international primary and excess cover to determine what risks the companies should avoid and how their premium structure reacts to litigation risk and outcomes at Texas courthouses.
  • Led presentations and served on expert panels at national trade conferences for Claims Litigation Management (CLM), the Defense Research Institute (DRI), and the Trucking Industry Defense Association (TIDA), to train defense lawyers and in-house claims teams on litigation trends and case resolution strategies.
  • Led market-wide presentations for insurers and re-insurers at Lloyds of London on litigation trends and case resolution strategies for trucking and energy claims in Texas. Will might be the only current Plaintiff’s lawyer who can say they spoke at the Old Library at the Lloyd’s Building to a roomful of Lloyd’s syndicate claim representatives, Lloyd’s underwriters, and Lloyd’s brokers on the intricacies of Texas catastrophic personal injury litigation and the Texas jury system.

Representative Defense Trial Outcomes

Why do you need Will on your team? Because he knew how to try a defense case as well as anyone in Texas and now knows what the other side will do before they do it. Within the first two months of “switching sides”, Will was asked by two leading law firms to “parachute” into their complex cases as lead counsel to try those cases to verdict.

The benefit of having Will as part of your litigation team is indisputable. Some recent examples of unthinkable outcomes that remain unmatched by other defense lawyers are listed below. If Will could do this and achieve those results with those facts in today’s litigation climate, imagine what he can do on your team.

Harris County, Texas 2023

Will’s energy client had a driver who was driving a company vehicle while incredibly impaired at three times the legal B.A.C. limit with additional positive findings for cocaine. The driver ran a red light and broadsided Plaintiff’s truck in excess of 50 mph, totaling both vehicles. Plaintiff had extensive medical interventions including two spinal fusions and the permanent placement of a spinal cord stimulator. Total admissible medical exceeded $1,500,000. The jury was asked to award more than $26,500,000 in actual damages. Will defended the case with the techniques he taught the insurance industry with and was able to convince a jury to award $900,000 – well within the primary insurance limit on an insurance tower of $6,000,000.

Nueces County, Texas 2022

Will’s energy client had a driver who was driving a company vehicle and who admitted he was fatigued from the nature of shift work and fell asleep, crossing the center line of the highway. The driver crashed into the Plaintiff’s trailer causing the gooseneck attachment to completely shear off from the attachment which induced Plaintiff’s loss of control. The Plaintiff experienced several significant frontal, side, and rear impacts. Both vehicles were totaled. Plaintiff had a lumbar and cervical fusion. Total past admissible medical exceeded $750,000. Total future medical exceeded $2,000,000. The jury was asked to award $45,000,000 – $15,000,000 in actual damages and $30,000,000 in punitive damages. Using the trial theories he taught the industry on deferred medical schemes and tactics in Voir Dire, Will was able to convince a jury to award literally zero for all categories of damages.

Dallas County, Texas 2022

Will represented an on-site safety contractor at an energy substation that involved the unfortunate electrocution death of a worker. After the end of evidence and right before closing, Will’s client was presented a favorable settlement opportunity that was accepted by the insurer. The case proceeded to trial against the remaining Defendants. When counsel for the remaining Defendants polled the jury after the verdict what they thought when Will’s client was not present for closing argument, one of the jurors said: “We thought he was doing so good, he just decided not to come back.”

Midland County, Texas 2019

Will represented a commercial truck driver and his employer in a rear-end crash. The driver caused the crash because he was distracted after a fire broke out in his cab from the ignition of his breakfast burrito he was cooking while driving using a makeshift constructed hotplate on the passenger seat. The driver also tested positive for THC and was on his cell phone. Plaintiff received a cervical fusion where the necessity of the surgery was not contested by the defense doctor. Past medical exceeded $250,000. After Will’s closing argument, which focused heavily on injury causation and witness bias – again using what he has taught the industry – the jury awarded only $130,000. This might be the only “cooking while driving” in the state’s history.