Elawvate: The Trial Lawyer Podcast

The Courtroom as a Stage with Kurt Zaner


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Before he became a trial lawyer, Colorado lawyer Kurt Zaner wanted to be an actor. But rather than just play a role, Kurt decided that he wanted to be a real-world champion and decided to become a trial lawyer. Now, Kurt applies lessons about presence, storytelling and drama from the stage to help achieve landmark verdicts for his clients. Join Ben for his wide-ranging discussion with Kurt that covers how a trial lawyer can use acting skills to enhance courtroom impact; strategies that have enabled Kurt to achieve several eight-figure verdicts against considerable odds; and even what modern day lawyers can learn from reading Cicero. 

About Kurt Zaner

https://zanerhardenlaw.com/

 

Kurt Zaner has dedicated his legal career to representing folks against the modern-day Goliaths. In battling corporations that refuse to take responsibility, Kurt enjoys the challenge of standing up for people that seemingly have the odds overwhelmingly stacked against them.

A sought-after national speaker, Kurt frequently lectures on his winning trial techniques, effective legal writing strategies, and iconic discovery tactics that force top-value settlements.  Kurt has secured the largest premises liability verdict in the history of Colorado ($16,000,000.00).

He has appeared on Good Morning America, World News Tonight, and every local media outlet including the Denver Post and local CBS, ABC, and Fox affiliates.  He is a published author of Federal and State case law, including Colorado law establishing the right to punitive damages for victims of drunk drivers; he also authored legal articles on distracted driving as well as articles on ancient Roman trial methods.

As a trained stage actor, Kurt credits much of his trial success to his theatrical training in college and in Los Angeles prior to law school.

After graduating law school near the top of his class and receiving the American Bar Association’s and American Law Institute’s Best Graduate Award – awarded to the one student of the graduating class who best represents a combination of scholarship and leadership – Kurt went on to clerk for United States District Judge Ken Marra.

Working side by side with a Federal Judge on one of the largest caseloads in the country, Kurt learned the art of persuasive advocacy both through legal writing and courtroom theatrics.

Most importantly, he learned how cases are won from behind the bench.

Prior to co-founding Zaner Harden Law, LLP, Kurt practiced with some of the best-known trial lawyers in the country.  Kurt has successfully represented hundreds of clients across the State of Colorado, trying and winning cases at every level of Colorado State Court, including several million and multi-million-dollar verdicts and settlements.

In 2017 he and his partner were recognized as having two of the largest verdicts of the year across all practice areas, including a 1,700,000.00 verdict against an oil company’s distracted driver as well as a $2,500,000 verdict against a drunk driver that killed his client’s son and then fled the scene.

This drunk driving verdict landed on the front page of the Denver Post as the community was fed up with these kinds of reckless drivers avoiding accountability by running away.

Kurt defended this verdict all the way to the Colorado Supreme Court. In 2018, Kurt secured the largest premises liability verdict in the history of Colorado – $16,000,000.00 in Boulder for a father of three who was diagnosed with the crippling neurological condition CRPS after a temporary electrical box exploded.

A few years later, Kurt secured a verdict on another electrocution case where his client also developed CRPS, with a Denver jury delivering a $10,600,000.00 verdict (with interest).  A year after that, Kurt secured a $4,300,000.00 verdict for a client hurt in a trucking crash.

No matter how big or small the case, Kurt takes great pride in helping those that entrust their most significant legal problems to his law firm.

Kurt is very active in the Trial Lawyer community, both locally and nationally. Locally, he was recently elected to the Board of the Colorado Trial Lawyers Association (CTLA) for his fifth consecutive year and serves on several committees.

Nationally, after serving as President of the New Lawyers Division for the American Association of Justice (the 5,000 member NLD division of the most pre-eminent national trial lawyer organization in the Country), Kurt now serves on the Budget Committee of the entire 20,000-member organization as well as the Board of Governors.

He also acts as a certified End Distracted Driving (EndDD Program) presenter, donating his time in high school classrooms in Colorado educating the next generation of drivers on the dangers of distracted driving.

Kurt is invited to speak across the country on novel legal strategies and methods that he has developed – techniques that have resulted in unprecedented successful results for his clients.

He has been a regular speaker for the American Association of Justice, having spoken in Boston, Palm Springs, Denver, Los Angeles, and Montreal on a variety of topics including trial techniques, writing strategies, and insurance bad faith. He also speaks regularly for Trial Lawyers University (formerly Trojan Horse) as well as The National Trial Lawyers’ national trial seminars.

On the State level, Mr. Zaner regularly teaches for the Colorado Trial Lawyers at their state convention, statewide CLEs, and for CTLA’s new lawyer bootcamps,

He has also spoken at several State Seminars around the Country, including the prestigious Arkansas Trial Lawyers College on one of his favorite topics: transplanting 2,000-year-old trial techniques from the Roman trial lawyer Cicero and demonstrating how they can be effective in today’s trials.

When not practicing law, Mr. Zaner spends much of his time with his wife and two young boys, outdoors in the mountains or on the stage in a local theater production.

Licensed in Florida and Colorado.

 

Publications

Warembourg v. Excel, 471 P.3d 1213 (Co. Ct. App. 2020) – 63-page, 3-0 published opinion that affirmed the firm’s record-breaking 16-million-dollar electrocution verdict.  This opinion creates significant new law in the area of spoliation of evidence, setting new standards for when parties must hold onto evidence and how they may be punished if they do not preserve such evidence (blessing an irrebuttable presumption of liability and causation punitive sanction).  Case settled for 15.7 million shortly after this opinion.

“Lessons From Cicero” – Good Counsel, April 2017

Alhilo v. Kleim, 413 P.3d 902 (Co. Ct. App. 2016), cert denied (Colo. June 26, 2017) – published opinion that affirmed the firm’s multi-million dollar motorcycle verdict and created helpful case law for victims of drunk drivers (allowing for prior DUIs to come in as evidence) and for those who have lost loved ones in a wrongful death case (clarifying the damage cap to afford survivors the maximum benefit).

Spotlight, “Overcoming Liability Roadblocks in Bicycle Accident Case” American Association for Justice, Trial Edition (July 2015)

“Sad But Preventable – a Trial Lawyer’s Quest to End Distracted Driving and Save Lives” The Colorado Trial Lawyers’ Association publication Trial Talk, Volume 62, Issue 3, April/May 2013 publication at p. 26 (sole author).

“Driving While on the Cell Phone; Punitive Damage Awards Should Come Through Loud and Clear” ABA’s The Brief, Tort Trial & Ins. Prac. Sec., Summer 2007, Vol. 35, No.4 (co-author), republished in The Colorado Trial Lawyers’ Association publication Trial Talk, Volume 62, Issue 3, April/May 2013 publication at p. 41.

“National Security Policy and Ratification of the Comprehensive Test Ban Treaty” 32 Houston Journal of International Law 1 (2009) (contributing author).

Vidinliev v. Carey, 581 F.Supp. 2d 1281 (N.D. Ga. 2008) – created federal case law in the area of worker’s FLSA rights.

 

Bar Leadership

NATIONAL

American Association of Justice – Board of Governor, 2018-2020; 2022-2025.

American Association of Justice – Executive Committee Member 2019-2020.

American Association of Justice – Budget Committee Member 2020-2023

American Association of Justice – Elected National President of NLD Division 2016.

American Association of Justice – Elected National Vice President of NLD Division 2016.

American Association of Justice – Elected National Treasurer of NLD Division 2015.

American Association of Justice – Elected National Secretary of NLD Division 2014.

American Association of Justice – Appointed Board of Governor on New Lawyers Division, June 2013.

American Association of Justice – Appointed Chair of the Publications Committee for the NLD quarterly national publication, the Sidebar, July 2013.

 

STATE

Colorado Trial Lawyers Association – Elected to serve as Board Member 2016-present

Colorado Trial Lawyers Association – Appointed to serve on Executive Committee and Legislative Committee 2016-17, 2021-2022

Colorado Trial Lawyers Association – Appointed to serve on Board as Board Member 2015-16.

Colorado Trial Lawyers Association – Appointed Membership Chair November 2012 -2015.

Colorado Trial Lawyers Association – Appointed New Lawyer Chair November 2013.

 

Community Involvement

Actor (Len), A One Night Stand at the Vintage Theater, Don’t Throw the Cheese by Mark Ogle.

Actor (Reverend Parris), The Crucible at Red Rocks Community Theater.

Presenter, End Distracted Driving Campaign; presents programs to high school students to warn them of the dangers of distracted driving.

Board of Director, Denver Athletic Club.

 

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