Murray Ogborn

Although he was born, raised, and went to law school in South Dakota, he is recognized as one of the nation’s preeminent trial lawyers, having represented clients and tried many cases across the country. He is an innovator in the development of trial practice, and is nationally known for using storytelling, case thematic techniques, and focus groups in the preparation and trial of cases. Murray not only personally tries cases, but other trial lawyers from around the country hire him to conduct focus groups and consult on their cases. Murray is the founder of the Harvard Ultimate College of Trial Advocacy, sponsored by the Association of Trial Lawyers of America (now the American Association for Justice).

Education

• University of South Dakota School of Law
• University of South Dakota

Although he was born, raised, and went to law school in South Dakota, he is recognized as one of the nation’s preeminent trial lawyers, having represented clients and tried many cases across the country. He is an innovator in the development of trial practice, and is nationally known for using storytelling, case thematic techniques, and focus groups in the preparation and trial of cases. Murray not only personally tries cases, but other trial lawyers from around the country hire him to conduct focus groups and consult on their cases. Murray is the founder of the Harvard Ultimate College of Trial Advocacy, sponsored by the Association of Trial Lawyers of America (now the American Association for Justice). Murray was named Best of the Bar by the Denver Business Journal and has been selected as a Colorado Super Lawyer® by the magazine 5280 each year since the beginning of the award in 2006. Murray has served as President of the Colorado Trial Lawyers Association. But honors and awards don’t measure what Murray brings to the table. He is a communicator without peer. Whether the audience is a jury, judge, mediator or business leaders, he finds the bond and connects. Honest, direct and persuasive.

Murray’s trial skills have been tested in state and federal courts throughout the country, and on behalf of both plaintiffs and defendants. The range of his advocacy extends from personal injury and commercial litigation to insurance bad faith. A sample of Murray’s many cases:

• Nucor Steel v. Nebraska Public Power District – When a client steel company discovered utility overcharges, Murray successfully represented the aggrieved company, recovering $12.5 million after a six-week jury trial in the Nebraska Federal District Court.
• Prudential Insurance Company v. Thompson, et al. – When general counsel for a radio manufacturing company was sued personally for securities fraud by the company’s lender for allegedly failing to disclose material information, Murray tried the case in the Nebraska Federal District Court. He succeeded in defeating the claim, and warding off millions of dollars in alleged damages.
• McKinley Medical, LLC v. DJO, LLC, et al. – When the insurer behaved unreasonably towards its insured, a medical device manufacturer, who was faced with mass tort products liability lawsuits, Murray sued the insurer for bad faith and obtained a significant settlement for his client.
• Personal Counsel to Trucking Companies, Various Lawsuits – Murray has represented several trucking companies as personal counsel for exposure in excess of insurance coverage and punitive damages. He has not only assisted with the defense of such suits, but has successfully negotiated settlements for his clients within policy limits.
• Repsher v. Airbus and Air Methods – Represented severely burned flight nurse involved in a helicopter crash. Settlement for $100 million dollars.

In addition to trying cases, Murray frequently consults with other lawyers and companies about litigation. Through Mojo Consulting, Murray conducts focus groups for his clients at all stages of litigation, from pre-trial discovery, to testing theories of liability and damages and prior to trial.

Murray practices in South Dakota, Nebraska, and Colorado. Locally, he is a stalwart of the legal community, having served as President of the Colorado Trial Lawyers Association. Nationally, he has served in various capacities in the Americal Association for Justice, including on its Board and Executive Committee and as Chair of the National College of Advocacy; he is a member of the American Board of Trial Advocates (ABOTA), and a Fellow of the International Society of Barristers.

Murray is married, has three grown children (one of whom is his law partner), nine grandchildren, and a twelve-pound mutt, who has total authority in the household.

Awards

Professional Successes, Professional Development, Bar Association Involvement

• Murray’s professional successes are many, and among those that have left an indelible impression on the profession itself:

• Dean, Faculty Member and Lecturer at Harvard Advanced College of Trial Advocacy (Cambridge, Massachusetts)

• Colorado Trial Lawyers Association – President 2005-06; Member of Board of Directors, 1993-Present

• State Bar of Colorado

• The State Bar of South Dakota

• South Dakota Trial Lawyers Association – President Elect 1976

• The Nebraska Bar Association

• Association of Trial Lawyers of America – Executive Committee, 1992-1993; Member Board of Governors, 1986-1993; Co-Chair National College of Advocacy Board of Trustees, 1989-1993, 1996-1998; Appointments to: Commercial & Business Litigation Group Committee (Co-Chair 1991-92); Intellectual Property, Science and Technology Committee (Co-Chair 1990-91); Long Range Planning Committee; NCA Law School Program Committee; Public Affairs Committee; National College of Advocacy/Hastings Law School Advisory Committee (Chair 1991-1992); Budget Committee, 1994-1996

• International Society of Barristers – Fellow

• American Board of Trial Advocates (ABOTA)

• Western Trial Lawyers Association

Human Interest, Volunteer Work

In addition to running an active practice, conducting focus groups, making presentations, and writing publications on the issue of trial practice, Murray still finds time to volunteer on various non-profit boards and committees.

He is a Board Member of Kids at their Best, a non-profit organization whose mission is to serve children in high poverty rural areas.  Their goal is to support children through academic excellence, nutritional support and community involvement.

Moreover, Murray has been honored and recognized by his peers as the recipient of the following awards:

• Kenneth Norman Kripke Lifetime Achievement Award, Colorado Trial Lawyers Association
• America’s Top 100 Attorneys – Lifetime Achievement Award
• Best of the Bar – Denver Business Journal
• Best Lawyers in America for the practice areas of: Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Plaintiffs and Professional Malpractice Law – Plaintiffs, 2017
• Colorado Super Lawyers, 2006-2016
• Martindale-Hubbell, AV Preeminent Rating, 2017

Articles

• Murray Ogborn has published hundreds of articles and papers in his 40+ years of practice, and in particular on the subject of trial advocacy. Some the highlights include the following:

• Trial Psychology

• Courtroom Dynamics – The Verbal Edge

• Handling Sensitive Damages Issues in Voir Dire in Commercial Litigation Cases

• “The Trial Lawyer as Storyteller,” in Trial Diplomacy Journal, Vol. 15, No. 3 (May/June 1992)

• Commercial Litigation – Closing Argument: The Art of Persuasion in the Commercial Setting

• “The Opening Story: Primary Persuasion Personified,” in National Trial Lawyer (September 1993)

• “Making Your Case Come to Life: Storytelling and Theme Creation,” in Forum Magazine, Vol. 26, No. 5 (June 1996)

• “Getting Ready for Your First Trial,” in Trial Talk, Vol. 47, Issue 2.

• “Once Upon a Time . . . The Lost Art of Storytelling,” in America Inns of Court, Chapter 9.

• “The Use of Focus Groups: Felicity or Folly,” in The Prairie Barrister, Vol. 6, No. 3 (2000)

• “Bringing The Case to Life,” in Trial (January, 2002)

• “Focus Groups,” in ATLA’s Litigating Tort Cases, Chapter 36.

• Association of Trial Lawyers of America – “Handling Sensitive Damages Issues in Voir Dire in Commercial Litigation Cases” (Vail, Colorado)

• Association of Trial lawyers of America; Trial Advocacy College at Hastings College of Law: Essentials of Civil Practice – “The Role of the Advocate in Today’s Society” (San Francisco, California)

• Colorado Trial Lawyers Association; Trial Tactics: All Star Litigators from Around the Country – “Storytelling” (Denver, Colorado)

• NCA/Stanford Law School; Ultimate Trial Advocacy Course – Faculty Member: “Making Your Case Come to Life: Storytelling and Theme Creation,” “Relating to the Jury – Being Human” (Palo Alto, California)

• Association of Trial Lawyers of America National College of Advocacy; Art of Persuasion Harvard Ultimate Trial Advocacy College – Faculty Member – “Story Telling and Theme Creation” (Cambridge, Massachusetts)

• School of Law University of South Dakota, South Dakota Trial Academy/National Institute of Trial Advocacy

• Nebraska Association of Trial Attorneys – “Overcoming Juror Bias”

• Wyoming Trial Lawyers Association – “Focus Groups”