In this episode of Best Practices with Kenny Berger , medical malpractice trial lawyer Karen Zahka shares how true collaboration with expert witnesses can make or break your case. From choosing the right expert to preparing them with case-specific materials, literature, and strategy, Karen explains why empowering experts—rather than micromanaging them—leads to stronger, more credible testimony. She also breaks down how to tailor your approach depending on the expert’s personality, professional b...
Jun 25, 2025•39 min•Season 5Ep. 6
Rebuttal is one of the most high-pressure moments in trial - and also one of the most powerful. In this episode, trial lawyer Brian Ward joins host Kenny Berger to break down how to deliver a clear, strategic, and emotionally resonant rebuttal. From knowing when to hold back in closing to anticipating defense arguments and reframing them with precision, Brian shares practical insights on how to structure rebuttal for maximum impact. They also cover the emotional and human side of rebuttal—how to...
Jun 11, 2025•50 min•Season 5Ep. 5
In this episode of Best Practices with Kenny Berger , trial lawyer Joseph Wilson joins Kenny to share how he approaches one of the most powerful moments in trial: the closing argument. Joseph breaks down how voice, tone, and timing can amplify a closing—and why non-economic damages deserve the deepest preparation. From working with clients to understand what was truly taken from them, to helping jurors advocate for justice in deliberations, this episode is packed with strategies to make your clo...
May 28, 2025•33 min•Season 5Ep. 4
In this episode, attorney Kenny Berger sits down with trial lawyer Stephen Williamson to unpack the preparation and strategy behind a $117 million verdict. Stephen shares how relentless pre-trial work—focus groups, recorded mock cross-examinations, psychodrama sessions, and sophisticated economic modeling—positioned the plaintiff for success long before trial even began. If you're serious about sharpening your approach to trial prep, case framing, and client storytelling, this episode is packed ...
May 14, 2025•54 min•Season 5Ep. 3
In this episode of Best Practices with Kenny Berger , trial lawyer Stuart Ratzan shares how smart case selection can shape not only your docket—but your impact. Stuart dives into what makes a case truly worth taking, from identifying systemic issues to using focus groups as a tool for evaluating jury resonance and refining trial strategy. You’ll learn how to: Spot cases that highlight systemic failures Use focus groups to test liability, narrative, and damages Avoid cases that lack clarity, cons...
Apr 30, 2025•42 min•Season 5Ep. 2
In the Season 5 premiere of Best Practices with Kenny Berger , attorney Nick Rowley joins Kenny Berger to share the strategy and storytelling behind his $37 million verdict in a high-stakes trial. Nick dives into how cross-examination can be used to advance your case —not just tear down a witness. He discusses how to adjust your tone, pace, and pressure depending on jury feedback, and why sometimes the smartest move is stepping back to let co-counsel take the next witness. From turning defense e...
Apr 16, 2025•35 min•Season 5Ep. 1
In the final episode of Season 4 of Best Practices with Kenny Berger , attorney Alan Hamilton of Shiver Hamilton Campbell dives into the strategies required to identify additional claims in catastrophic auto cases, proving that success often lies in looking beyond the obvious defendants and digging deeper into the facts. Listeners will learn how to uncover hidden avenues of liability, from vehicle defects and maintenance failures to construction zone conditions and DOT oversights. Alan highlight...
Dec 18, 2024•52 min•Season 4Ep. 19
In this episode of Best Practices with Kenny Berger , renowned trial attorney Zoe Littlepage shares her expertise on the power of visual storytelling in the courtroom. Zoe highlights how effective visuals can engage modern jurors and how meticulous preparation can make or break a trial presentation. Zoe explains how to use visuals strategically throughout a trial, from opening statements to closing arguments, and even in cross-examinations. You'll also learn how specific techniques can enhance y...
Dec 04, 2024•52 min•Season 4Ep. 18
In this episode of Best Practices with Kenny Berger , we’re joined by Dan Ambrose, founder of Trial Lawyers University (TLU), to discuss the techniques and strategies that make cross-examination highly effective. Listeners will discover key cross-examination skills such as looping, pacing, and glance control. Dan also explains how strategic use of visual aids can reinforce key points and how eliminating filler words boosts clarity and confidence during trial. Beyond techniques, Dan highlights th...
Nov 20, 2024•54 min•Season 4Ep. 17
In this episode of Best Practices with Kenny Berger , we are joined by Dr. Dawn Sheehan , a clinical and forensic psychologist, to discuss the role of trauma-informed practices in the legal field. Dr. Sheehan shares her expertise on understanding and supporting clients affected by trauma and PTSD, offering valuable insights for attorneys who want to approach these cases with sensitivity and effectiveness. Dr. Sheehan breaks down the impact that trauma and PTSD can have on clients’ lives, includi...
Nov 06, 2024•43 min•Season 4Ep. 16
Trial lawyer Tom Grillo joins host Kenny Berger to share his insights on one of the most crucial aspects of trial work: jury selection. Tom offers real-world advice on how to build authentic relationships with jurors, address tough case facts head-on, and remain genuine during the entire process. Listeners will learn: Why it’s essential to allow jurors to speak openly, even about sensitive topics How to create a trusting atmosphere and shape a more impartial panel How personal connections can so...
Oct 23, 2024•51 min•Season 4Ep. 15
In this episode of Best Practices with Kenny Berger , trial attorney David Holt of Smith Law Center in Hampton, VA, joins us to share the story behind his $10 million verdict in a traumatic brain injury (TBI) case in Muskogee, Oklahoma. Holt's client, a factory worker, sustained a mild TBI after a factory explosion at a Georgia Pacific plant. Despite no visible imaging evidence, Holt masterfully focused on telling the human story—highlighting the profound impact the injury had on his client’s li...
Oct 02, 2024•1 hr 5 min•Season 4Ep. 14
In this episode of Best Practices with Kenny Berger , we sit down with Keith Bruno of Bruno Nalu and Trial Lawyers for Justice to explore the journey behind his record-setting $857 million verdict against Monsanto. Keith opens up about the intense preparation, strategic adjustments, and teamwork that were crucial to achieving this monumental outcome in a challenging PCB exposure case involving a Seattle school. In this episode, you will gain insight into: How Keith adjusted his typically aggress...
Sep 18, 2024•58 min•Season 4Ep. 13
In this episode of Best Practices with Kenny Berger , Kenny is joined by seasoned mediator Marc Harwell to dive into mastering mediation from the mediator’s perspective. With over 35 years of experience in civil defense and a dedicated focus on mediation since 2014, Marc shares insights into what it takes to achieve successful outcomes in complex cases, including: Effective communication well in advance with your adversary, mediator, and client Maintaining credibility and being a voice of reason...
Sep 04, 2024•50 min•Season 4Ep. 12
Attorney Kenny Berger is joined by Las Vegas trial lawyer, Christian Morris, to discuss mastering cross-examination of defense experts in trial. Christian dives deep into the strategies that have helped her effectively dismantle expert testimony and secure justice for her clients. From thorough preparation to dynamic in-court tactics, Christian reveals the importance of: Researching an expert’s background and the literature they rely on, Using visuals to clarify and contrast opinions, and Stayin...
Aug 21, 2024•1 hr 5 min•Season 4Ep. 11
Kenny Berger is joined this week by attorney Steve Williamson, a New York trial attorney, who recently achieved a $10 million verdict in a slip and fall case where his client had several pre-existing conditions. Steve shares how he built credibility with the jury to achieve this incredible result by: Embracing and fully disclosing weaknesses/challenges in his case upfront Taking a reasonable stance on comparative fault Using the defense's own evidence to construct his narrative Thoroughly coveri...
Aug 07, 2024•1 hr 7 min•Season 4Ep. 10
A good case often starts with a bad defendant and a worthy plaintiff. Attorney Steven Debosier of Dudley Debosier in Louisiana joins Kenny this week to discuss finding the villain in your case. In this episode, you'll hear about how to: Focus on finding the "villain" in the case - the party truly responsible for the harm Connect the damages directly to the defendant's conduct through visuals and reminders Avoid getting bogged down defending against the defense's arguments - persuade the jury Use...
Jul 24, 2024•46 min•Season 4Ep. 9
Kenny Berger is joined by attorney Mike Alder of AlderLaw in Los Angeles to discuss taking action quickly in your cases to maximize case value and build a reputation that yields results for years to come. In this episode, they'll cover: Understanding how the defense views cases When to take depositions to secure better offers and quicker substantial settlements What to send before a mediation and when Building a reputation by consistently being proactive in your cases...
Jul 10, 2024•52 min•Season 4Ep. 8
Kenny Berger and attorney Morgan Adams of Truck Wreck Justice in Tennessee and Washington discuss the best practices for maximizing recovery for your client in a catastrophic truck crash cases. Tune in for a true truck wreck masterclass. In this episode, you'll learn about: Investigating potential additional insurance coverage from shippers, brokers, trailers, and insurance companies themselves Sending duty to disclose insurance letter to ensure all policies are revealed Suing insurance companie...
Jun 26, 2024•54 min•Season 4Ep. 7
In this week's episode of Best Practices, attorney Kenny Berger and producer and filmmaker Nick Veser of Liberty Link Media discuss the benefits of using journalistic client documentaries to communicate to opposing counsel what your case is worth and what is going to happen if your case goes to trial. To get in touch with Nick, visit libertylinkmedia.com . Click here to view the video Nick and Kenny reference throughout podcast episode....
May 01, 2024•43 min•Season 4Ep. 6
In this unique episode of the Best Practices podcast, special guest host Mark Bringardner interviews Kenny Berger of the Law Offices of Kenneth Berger and attorney Brian Ward of Trial Lawyers for Justice about their recent $26 million settlement in a child injury case where a young boy suffered chemical burns from an over-chlorinated resort pool. Kenny and Brian take us through the many twists of the case including a mea culpa letter, fraud, two dismissed settlement opportunities, countless depo...
Apr 17, 2024•1 hr 21 min•Season 4Ep. 5
In this week's episode, Kenny Berger and Nashville attorney, Phillip Miller, discuss the Miller Mousetrap - a proven deposition technique aimed at getting admissions from witnesses - and other advanced deposition strategies. Tune in for actionable tips that will help you take more effective depositions.
Mar 27, 2024•45 min•Season 4Ep. 4
This week Kenny is joined by Danny Cornell of Cornell Injury Law in Mount Pleasant, Iowa, to discuss the notion of how doing the right thing - what you view is morally and ethically correct - can be profitable in many areas, including the bottom line. Listen in for an inspiring conversation that will influence your communication, mindset, and practice of law.
Mar 13, 2024•43 min•Season 4Ep. 3
Kenny Berger is joined this week by attorney Jay Vaughn of Hendy Johnson Vaughn Emery in Kentucky to discuss the growth mindset and the steps Jay has taken to level up in the legal field. Throughout the episode, they talk about the value of networking, organization & prioritization, and simply doing the work to rise to the top of the field.
Feb 29, 2024•57 min•Season 4Ep. 2
We're back for season 4 of Best Practices with Kenny Berger! Our first guest of the season is Brian Snyder of Snyder & Wenner in Scottsdale, AZ. Brian joined Kenny to talk about his recent $31.5M verdict in a birth trauma case against Banner Health in Arizona. Brian shares specific tactics he used in the courtroom to build trust with witnesses and ultimately the jury to achieve this record-breaking verdict.
Feb 14, 2024•53 min•Season 4Ep. 1
Kenny Berger is joined by attorney Elizabeth Larrick of the Larrick Law Firm to discuss client and witness depo prep. Elizabeth walks us through her three step process to prep clients and witnesses for deposition, including: understanding their mindset, organizing their thoughts, and practicing cross examinations. Elizabeth also hosts the Trial Lawyer Prep podcast.
Nov 08, 2023•43 min•Season 3Ep. 15
In this episode of Best Practices with Kenny Berger, Kenny is joined by attorney Michael Leizerman of the Law Firm for Truck Safety. Michael shares his thoughts on best practices for trial lawyers through an easy-to-remember acronym: IMHO - Immersion, Morality, Healing, and Offensive. Listen in to hear numerous stories and examples of how Michael puts this acronym to action to achieve full justice for his clients.
Oct 25, 2023•44 min•Season 3Ep. 14
In part 2 of our episode with attorneys Brian Ward and Erin Powers of Trial Lawyers for Justice, Kenny, Brian, and Erin discuss the human story behind the case, how the case affected the interests of far more than just one person, and how they used Irving Younger's "Crazy Goat" to achieve a $63 million verdict.
Oct 11, 2023•32 min•Season 3Ep. 13
In this week's episode of Best Practices, Kenny Berger is joined by guest attorneys Brian Ward and Erin Powers of Trial Lawyers for Justice. In part 1 of this 2-part episode, Brian and Erin share the many fears and challenges they faced taking on big oil and how they ultimately overcame them to secure a $63 million verdict. Stay tuned for Part 2 coming on Wednesday, October 11!
Sep 27, 2023•49 min•Season 3Ep. 12
Kenny Berger and guest attorney, author, and performer Lauren Fraser of Einhorn. Barbarito discuss how she harnesses her creative background to get incredible results in a historically difficult venue. From storytelling to character development, Lauren gives helpful tips on how to simply frame and present your client's story in a compelling way that makes the jury care.
Sep 13, 2023•43 min•Season 3Ep. 11
