Top Lawyers: Brandon Henderson Of HMW Law On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law

An Interview with Eric L. Pines

Learn From Your Losses: Lawyers never want to talk about their losses. We only want to show off our victories. But if you’re going to be a good PI or criminal law attorney, then you’re going to have to deal with losing more often than you might think. However, losing a case is your chance to take away valuable lessons that will only improve your skills and prepare you for the next time around. It’s hard to not take a loss personally, but learning to confront and answer questions on why you weren’t persuasive or effective in court will eventually help you produce better results.

The legal field is known to be extremely competitive. Lawyers are often smart, ambitious, and highly educated. That being said, what does it take to stand out and become a “Top Lawyer” in your specific field of law? In this interview series called “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law”, we are talking to top lawyers who share what it takes to excel and stand out in your industry.

As a part of this interview series, I had the pleasure of interviewing Brandon Henderson.

Brandon Henderson is the founder and managing partner of Henderson, Mokhtari & Weatherly (HMW Law), a Personal Injury and Criminal Defense law firm representing individuals throughout the State of Ohio. HMW Law is headquartered in Cleveland, Ohio with offices in Columbus, Ohio as well. Brandon’s firm has been in business for over 20 years and has established a reputation for going above and beyond to assist others navigating complex legal matters that carry life changing consequences. Whether HMW Law is dealing with a large insurance company attempting to deny a legitimate personal injury claim or a prosecuting attorney pressing for a conviction against an innocent individual, Brandon goes to war, fiercely advocating for clients and doing whatever it takes to help his clients overcome the legal challenges they encounter.

Thank you so much for joining us in this interview series. Before we dig in, our readers would love to get to know you a bit more. What is the “backstory” that brought you to this particular career path in Law? Did you want to be an attorney “when you grew up”?

I actually started my career working at an accounting firm. However, I felt the work was boring and decided to attend law school at Case Western Reserve University School of Law. I was also bullied growing up, so I can’t stand when people in power abuse their authority. Large insurance companies on the Pl side and the government on the criminal side tend to be bullies because they know they have the resources. Pursuing a career in law gave me the opportunity to play the role of David and stand up to Goliath.

Can you tell us a bit about the nature of your practice and what you focus on?

We focus on criminal law and personal injury cases, so we’re dealing with serious, life changing legal issues. We take this to heart because we understand that the clients we represent have gone through the worst times in their life; whether it’s facing the possibility of jail time or recovering from a devastating injury. That’s why we facilitate a culture at our firm in which our entire team is encouraged to be humble, yet hungry. Our core values are:

• Clients Come First
• Team Over the Individual
• Grow or Die
• Create More than You Consume
• Do Your Job
• Hustle
• Talent Sets the Floor, Character Sets the Ceiling

A huge part of our firm’s credibility and success stems from the relationships that we’ve established between our leaders and the rest of our team. Team building and innovation are particular areas of focus for us because they help ensure our legal team functions as a cohesive unit with the ability to offer world class customer experience. This translates into our entire team developing trusting and compassionate relationships with our clients, who feel confident that we have their back and that our best effort will go into each and every case.

You are a successful attorney. Which three character traits do you think were most instrumental to your success? What unique qualities do you have that others may not? Can you please share a story or example for each?

Integrity, creativity and resilience. I think many of the other character traits are wrapped into integrity such as honesty and loyalty. I am certainly far from perfect and have several flaws, but having a good moral compass, treating people right, and sticking to your word is of utmost importance. Creativity has helped me in many cases I’ve worked and in the way we run our business by allowing me to connect dots that may not originally appear related. Creativity has also helped me come up with solutions that don’t normally appear initially but have been shown to be the best outcome or have been in the clients’ best interest. And resilience is a must as a personal injury or criminal defense attorney. Having that grit and the ability to take blows but continue the fight is sometimes the difference between winning and losing against tough opponents with vast resources.

Do you think you have had luck in your success? Can you explain what you mean?

Yes. She didn’t pay me to say this but I’ve gotten lucky by marrying right. The older I get the more I realize how important that is. Spending time with someone who challenges you matters. Being surrounded by someone who consistently believes in you, roots for you, but doesn’t allow you to make excuses for yourself, is priceless. Having someone by your side who helps put you in positions to win is invaluable. Before trial, my wife will write inspirational phrases (of her own) on the bathroom mirror for when I wake up in the wee hours. She writes notes and leaves them in the suit I’m wearing to trial that day to motivate me. It reminds me of not only who I am and what I’ve been through, but also what I’m fighting for.

I’ve also been lucky in the two partners I have, Al Mokhtari and Justin Weatherly. They both have significant strengths that I just do not, and could never, possess. I partnered young, so there is a strong possibility I could have had the misfortune of partnering with folks who didn’t have these complimentary skills.

And, quite frankly, we have been extremely lucky to get the right team members. We have had to part ways with many people along the way but it has only helped us to get the right team, individuals who are in the right seats, are motivated, and believe in our culture and vision. Simply put, it couldn’t be done without any of these people.

I could blab on and on about this question as there have been many other facets of success where luck has come in. I’d also state, hard work and dedication tends to create luck.

Do you think where you went to school has any bearing on your success? How important is it for a lawyer to go to a top-tier school?

Some of the best attorneys I know are individuals who did not attend what would be considered “top-tier” law schools. Obviously, many colleagues I know who are extremely talented did attend the more prestigious schools as well. I will say I believe certain schools are more known nationally and could help you in that regard, if you’d like to live in a different State, etc. Also, I believe that certain schools do offer advantages with regard to specific areas of law and world class professors.

Based on the lessons you have learned from your experience, if you could go back in time and speak to your twenty-year-old self, what would you say? Would you do anything differently?

I would tell my twenty-year old self to call my loved ones more and tell them how they are loved. I would say stop worrying so much about what other folks think. They don’t pay your bills, put food on your table, spark your creativity, or create your destiny. They aren’t learning for you after working countless hours by reading, they aren’t up with you in the morning as you put time in to grow and develop personally. I see a lot of people trying to “fit in.” I would remind my 20-year old self that though it is a harder road to be unique, and to create your own destiny, it is more fulfilling and meaningful. I also like to think you have more fun along the way. I would tell myself that this is life and life only, and it is meant to be lived to the fullest as it can be gone tomorrow. I would tell myself if your dreams don’t scare you, they aren’t big enough. I would tell my 20 year old self to start investing in a low cost index fund, even if you just start with 20$ per month and build it up from there. But get it on an automated withdraw, the power of compounding interest is astounding. Travel, and learn other cultures to better open your mind and help you realize that life is not just in the bubble you live. Read a lot. I would read books on negotiation too, no matter what line of business you are in this will be helpful.

This is not easy work. What is your primary drive and motivation behind the work that you do?

At the end of the day you have to care about people, and want to help people. For many people who have been in accidents or lost loved ones due to an accident; this is the worst time of their life. If you are an innocent individual who is charged with a crime that faces penalties of life in prison, this is the most scared you will ever feel. You need someone you can rely on, who fights with passion, who is going to fight this war with you. At the end of the day, I can’t bear the feeling that I have let someone down who has put their life in my hands, or who has been severely injured and needs us to get results for them. Deep down it is taking on the role of protector and not being willing to let anything stand in the way of delivering for that person that chose you to protect them.

This is not easy work. What is your primary motivation and drive behind the work that you do?

As I said before, I can’t stand people in positions of authority who abuse their power because they know they’ll get away with it. I was also in an awful motorcycle accident when I was younger, so I’ve felt firsthand the pain of having to recover from serious injuries. I’ve also had several other personal injury accidents throughout my life that resulted in broken ribs, a broken foot, a broken wrist, broken hands, and a broken jaw. Going through these experiences has allowed me to truly empathize with my personal injury clients because I understand how much extra time it takes to complete everyday tasks like getting dressed or brushing your teeth when you’re seriously injured. Additionally, I have been unconstitutionally arrested before and have seen the pain and lack of compassion many law enforcement officers treat people with.

What are some of the most interesting or exciting projects you are working on now?

We always have very serious and interesting cases in both our personal injury division and also our criminal defense division. However, in order to offer even better customer service and deliver better results, we have recently been putting a lot of time and effort into process improvements. These will have direct and profound benefits for all our cases. We are currently finishing up a firm wide operating system that is being rolled out. We have been working on several key automations that will allow for better productivity for our clients. We have been relentlessly hunting down inefficiencies in our work flow and eliminating them for a better client journey. We have also set up an HMW Law Intraweb in order for all of our talented team members to share their knowledge and help others in our office when training. A lot of this relies on embracing technology and putting faith in our wonderful team. Though this answer seems very business oriented, rather than legal, this all impacts our culture at HMW Law which then flows through to directly benefit our clients.

Where do you go from here? Where do you aim to be in the next chapter of your career?

Continuing to, brick by brick and inch by inch, build an organization that everyone of our team members at HMW Law is proud of. I feel like all of our team members are proud of the work they do and contributions they make. They know how important the work we do is and how deeply it can change a life for the better. However, there is always room for improvement and growth is hard. Sometimes we have to remind ourselves that continuous improvement and growth is difficult, and that the meaningful things were not meant to be easy. We know we will make mistakes along the way, but as long as we are operating with best intentions and integrity, I know our team has the resilience to continue to grow and help more people.

Without sharing anything confidential, can you please share your most successful “war story”? Can you share the funniest?

I won’t go into too much detail on a particular client. Anytime you go to trial and win for an innocent person who is facing sitting in a cage for the rest of their natural life, it’s a successful war story. We have a lot of those in our storybook. Also, in our personal injury division, when someone has a life changing event such as losing limbs or even loss of life, it’s a bit different, but also fulfilling. You can never give a family back their loved one who lost their life due to an accident. It sounds almost crass but the only way we can attempt to recompense these folks is through monetary results. The role we play to secure our clients’ financial future is very meaningful. We know we are doing everything in our power to give them as much peace of mind as we are able to in a terrible situation. Again, it’s about caring for people and an intrinsic desire to want to take as much pain away from people as you are able.

Ok, fantastic. Let’s now shift to discussing some advice for aspiring lawyers. Do you work remotely? Onsite? Or Hybrid? What do you think will be the future of how law offices operate? What do you prefer? Can you please explain what you mean?

I’m a little more old school perhaps, but I prefer having my team onsite. I personally believe it helps with culture, camaraderie, and positively impacts our clients’ case result. I, personally, could not fathom preparing for a murder trial or complex personal injury trial remotely. Our office workflow is set up nicely with open spaces and places to collaborate. We have televisions set up all over so various team members can review video and audio evidence together. This leads to healthy confrontation on strategy, theory of the case, and understanding the prime issues in the case. This adds a lot of value to the final result. I couldn’t see a lot of our preparation, brainstorming, and white-boarding being done with the same level of effectiveness or intensity via Zoom.

How has the legal world changed since COVID? How do you think it might change in the near future? Can you explain what you mean?

A positive change as a result of COVID has been some Courts’ recognition that not every hearing or small court date needs to be done in person. Many of the less substantive hearings are now held via Zoom or other technologies that don’t require us as attorneys to drive around to six courtrooms in a day. This allows us more time in the office to review files, work on cases, and collaborate with our team. Ultimately, this translates into better results for our clients.

I believe the future of law offices is that they will operate more like businesses rather than law firms. I know this seems like a slight distinction. However, most attorneys are not well known for their business savvy. We are taught that law is a noble profession and calling, which it is. However, to do the best for our clients and help the most people, we have to deliver results efficiently. I think it’s vital that everyone on our team understands our core values, vision, and what we’re fighting for. That the automations we’ve put in place reduce possible human error and save time. That our systems and processes are evolved to add more value to each case. That each team member is in the right seat on the boat and we are all rowing in the same direction. That our leadership team is open and honest and we all hold each other accountable.

I’d also like to point out that, currently, in the State of Ohio, you have to be an attorney to be a partner or share profits in a law firm. In fact most States have legal ethics rules that prohibit partnerships between lawyers and non-lawyers when the business is the practice of law. I believe this will change in the next decade (or sooner) to allow individuals who are not attorneys to invest in law firms. This has recently happened in Arizona. I believe other states have announced hybrid models. This has been in place in England since 2007. As leaders, we must adapt to our vision of the changing landscape. When outside players come in with vast resources, we need to be able to meet these changing demands. As stated, most lawyers are not great business people. So, when talented business minds come in, if your firm has not adapted to changes like this, you hurt your entire team, your clients, and your community. We need to evolve as time changes.

Based on your experience, how can attorneys effectively leverage social media to build their practice?

Social Media has really offered attorneys the ability to reach a large base of people with reasonable costs associated, or no cost at all. It’s really helped change the way firms brand themselves to an extent. I have many colleagues who swear by it and put full days into creating content and posting consistently. I must admit we were a bit late to the party on this but we are now harnessing the power of Instagram (@hmwlaw), TikTok (@hmwlaw), Facebook, YouTube, LinkedIn, etc. I look at this more as branding than pointed target audience advertising. It’s more of a shotgun approach than a rifle. It kind of goes along with the old conversation about you don’t sell someone a Ferrari when they have posters of Ferraris on their wall at 8 years old, you sell it to them when they’re 50. This is a worthwhile approach that many attorneys are taking by leveraging social media in order to stay top of mind to their possible customer base. Someone may not need your help for an auto accident injury today, but if you are consistent in posting valuable, educational, fun, and creative content, you will be top of mind when they do need someone to fight for them.

Excellent. Here is the main question of our interview. What are your “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law?” Please share a story or an example for each.

• Effective Communication Skills: Since you spend most of your time interacting with clients, witnesses, judges, other lawyers, and members of your team, you need to have strong communication skills. The way you communicate with people shapes how they view both you and your firm. Personal injury and criminal law matters can change the course of your client’s life, so you need to know how to communicate clearly and effectively to help ease their fears about the future and address their unique concerns. Although you learn lots of legal jargon in law school, communicating with clients and people in general is really about using plain language and encouraging them to ask questions when they’re confused.
• A Willingness to Keep Learning Throughout Your Career: Whether it’s reading books, attending conferences, taking more classes, or finding a mentor, you need to make an effort to be a lifelong learner if you want to be a successful lawyer. The world is always changing, which means you need to push yourself to keep up with new technologies and research in your area of law so you are familiar with what’s making the biggest impact in the world around you. Expanding your skill-set is crucial to adapting to future changes, becoming a better lawyer, and staying relevant.
• Empathy and Authenticity: The emotional uncertainty of PI and criminal cases can be difficult to deal with. Clients need to know their lawyer empathizes with their situation and genuinely understands their perspective. Too often, lawyers focus on efficiency and developing their technical legal skills instead of truly valuing the connection they develop with others. When you are working with a client, make sure you ask them questions that help articulate their feelings about the possible outcome of the case. You also shouldn’t rush your clients. Be patient and let them know their feelings are valid.
• Passion: Clients have come to us in the darkest hours. They are relying on us. In many ways they are entrusting us with their lives. If you are not passionate about doing what you do, or the reasons why you are fighting, get out of the profession. There is too much at stake to be an attorney who is not fighting with every ounce of their being. Realistically, sometimes to our own personal detriment — sleepless nights and early mornings. Late nights and sometimes missing important events of friends, family, or loved ones. Passion and the reward that comes from helping people with all your might, intellect, skill, and experience is what carries you through. Being a trial attorney is not for everyone.
• Learn From Your Losses: Lawyers never want to talk about their losses. We only want to show off our victories. But if you’re going to be a good PI or criminal law attorney, then you’re going to have to deal with losing more often than you might think. However, losing a case is your chance to take away valuable lessons that will only improve your skills and prepare you for the next time around. It’s hard to not take a loss personally, but learning to confront and answer questions on why you weren’t persuasive or effective in court will eventually help you produce better results.

We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US with whom you would love to have a private breakfast or lunch, and why? He or she might see this. :-)

My mother. We recently lost my father and it has been a heart breaking, profound loss for myself and my family. How fragile life is. It’s made me realize I need to spend as much time as possible with the people I love. Sorry to end on a down note!

This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!

About the Interviewer: Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative. A formal federal employee himself, Mr. Pines began his federal employment law career as in-house counsel for AFGE Local 1923 which is in Social Security Administration’s headquarters and is the largest federal union local in the world. He presently serves as AFGE 1923’s Chief Counsel as well as in-house counsel for all FEMA bargaining unit employees and numerous Department of Defense and Veteran Affairs unions.

While he and his firm specialize in representing federal employees from all federal agencies and in reference to virtually all federal employee matters, his firm has placed special attention on representing Veteran Affairs doctors and nurses hired under the authority of Title. He and his firm have a particular passion in representing disabled federal employees with their requests for medical and religious reasonable accommodations when those accommodations are warranted under the Rehabilitation Act of 1973 (ADA). He also represents them with their requests for Federal Employee Disability Retirement (OPM) when an accommodation would not be possible.

Mr. Pines has also served as a mediator for numerous federal agencies including serving a year as the Library of Congress’ in-house EEO Mediator. He has also served as an expert witness in federal court for federal employee matters. He has also worked as an EEO technical writer drafting hundreds of Final Agency Decisions for the federal sector.

Mr. Pines’ firm is headquartered in Houston, Texas and has offices in Baltimore, Maryland and Atlanta, Georgia. His first passion is his wife and five children. He plays classical and rock guitar and enjoys playing ice hockey, running, and biking. Please visit his websites at www.pinesfederal.com and www.toughinjurylawyers.com. He can also be reached at eric@pinesfederal.com.