What separates truly exceptional trial lawyers from the rest? It's rarely what they teach in law school. Six accomplished courtroom veterans—Brian Panish, Sean Flaherty, Keith Mitnick, Jason Leonard, John Ustall, and Joshua Koskoff—share candid insights drawn from decades of high-stakes litigation. Their collective wisdom forms a practical roadmap for attorneys at any stage, but especially those working to establish themselves in the challenging world of trial advocacy. The journey begins earlie...
May 27, 2025•15 min•Season 5Ep. 4
When high-stakes trials involve punitive damages, the real battle often begins long before opening statements. In this episode, we unpack the overlooked art of selecting a jury that’s equipped—not just to assess liability—but to deliver meaningful punishment when it's warranted. From religious objections to financial bias, from voir dire blind spots to strategic pretrial motions, we explore how trial lawyers can avoid critical mistakes and build a jury prepared for both phases of trial. Featurin...
Apr 17, 2025•20 min•Season 5Ep. 3
The first words in a trial can make or break your case. This Best of episode analyzes some of the top litigators' most compelling opening statements. Learn how expert trial lawyers use storytelling, framing, and strategic pacing to build trust, dismantle defenses, and ensure jurors see the case from their perspective from the very start. Listen to some of the greats as they talk to Panish about it all. Send us a text...
Jan 30, 2025•24 min•Season 5Ep. 2
This podcast episode discusses California wildfire litigation, focusing on the legal claims, evidence, and challenges in proving liability against utility companies. Plaintiff attorneys describe common claims (negligence and inverse condemnation), damages (property destruction, landscaping, economic and non-economic losses), and the difficulties of proving liability due to destroyed evidence. The bankruptcy of PG&E is examined as a case study, highlighting the unfairness of the bankruptcy sy...
Jan 11, 2025•30 min•Season 5Ep. 1
Unlock courtroom success with our latest podcast episode, where we explore the innovative Jury Simulator tool transforming trial preparation. Learn how machine intelligence creates virtual focus groups with AI-powered jurors, enabling attorneys to test and refine their strategies in a sophisticated and cost-effective manner. Hear firsthand from lawyers who use this technology to anticipate juror reactions and uncover case weaknesses, while AI analyzes demographic data, social media activity, and...
Dec 05, 2024•18 min
Listen to the full episode at : ScienceofJustice.com At the SoJ, we believe in simplifying legal proceedings while prioritizing unbiased examination of evidence and human experience. Through our expert interviews, we provide valuable insight into juror perception, enabling informed decision-making. Our focus on Real Science, Real Data, in Real-Time ensures accuracy and timeliness. New episodes at ScienceofJustice.com Send us a text...
Aug 22, 2023•3 min
In this monumental episode join Brian, Dr.Chris, and the real-life Moneyball stars as they discuss how the advanced strategy used in professional sports can also be applied in the courtroom. Learn how to optimize your case for maximum value by using analytics to identify the strongest arguments, evidence, and even team members. So if you’re looking to take your courtroom strategy to the next level, don’t miss this episode! Tune in now to get an inside look at how the "teams" use data-driven liti...
Mar 24, 2023•50 min•Season 4Ep. 50
Brian Beckcom is a trial lawyer with years of experience under his belt. Specializing in Maritime law, he made headlines for representing the interests of Richard Phillips in Abdiwali Abdiqadir Muse - the trial made famous by Tom Hanks' portrayal of 'Captain Phillips'. As a result, companies began to employ independent security contractors to protect their vessels and crews and saw their safety & profit margins improve. In our exclusive interview, trial lawyer Brian Beckcom will share his in...
Jan 23, 2023•20 min•Season 4Ep. 44
When it comes to trials, the stories you tell can make or break your case. Whether it's the story of a BP/Deepwater Horizon explosion, a George Floyd Civil Rights Case, or even two back-to-back Bakersfield record verdicts, we've seen the power of storytelling in courtrooms time and time again. It's not just about what you say—it's about how you say it. When you're crafting your argument during trial, you need to think about more than just facts: You need to consider how those facts will affect j...
Sep 16, 2022•1 hr 1 min•Season 3Ep. 43
Bonus Track - [Office Hours] Russell Nicolet and I take a look at what makes a good case summary and how this fits into an overall strategy for a mock jury or big data research focus groups. About the speakers here: Russell Nicolet is the founder and managing partner at his family's law practice with over a dozen offices throughout MN & WI dedicated to helping his clients and other plaintiff lawyers through innovative industry collaborations. Dr. Christopher Brydges is an accomplished Behavi...
Aug 16, 2022•11 min
Kenneth Foard McCallion a Former DOJ/NY State Prosecutor and still top civil litigation attorney discusses his newest book with another world-class attorney John Uustal, our show host. Listen to some of the behind-the-scenes landmark legal cases of our time. John and Ken compare their sovereign immunity breakdowns. Send us a text
Jun 30, 2022•28 min•Season 3Ep. 42
We caught up with our “superhero” as his colleagues refer to him in a rural venue, where any high verdicts chances are slim but we all did the proper math on a premises liability case and Jason didn't back down! (prediction was ~8% diff) A self-reported old dog with “new tricks” finds some buried treasure. Jason is Morgan & Morgan’s go-to last-minute specialist talks tech and his role in the giant. Send us a text...
May 28, 2022•12 min•Season 3Ep. 41
What does improv have to do with trial advocacy? Everything. In fact, you could argue that the two are one in the same. They both rely on stories and how you tell those stories. Brian Breiter & Joseph Limbaugh sit down with this week's host Moze Cowper Send us a text
Mar 18, 2022•44 min•Season 3Ep. 40
Punitive damages are awarded to a plaintiff in addition to compensatory damages. Punitive damages are awarded when the defendant's conduct is especially egregious. In addition to compensatory damages, punitive damages are intended to punish the defendant for his or her actions and discourage similar conduct in the future. Punitive damages may be available when the defendant is particularly malicious or when the defendant’s actions are intentional. Punitive damages are awarded at the discretion o...
Mar 04, 2022•6 min•Season 3Ep. 39
The Anti-Asian sentiment has been steadily increasing for a few years now, and with it so have hate crimes against Asians. The alarming trend has reached an unprecedented level this year as there have been more than 20 reported anti-Asian incidents this year alone. Join us for this podcast and learn how implicit and explicit bias affects jury selection with the SJQ process. Send us a text...
Apr 06, 2021•50 min•Season 3Ep. 38
Two Brian's better than one! Brian Dunn (Civil Rights Atty & OJ Simpson trial team) joins Brian Panish for a civil justice discussion around the George Floyd jury selection starting with the question, 'what do you think about the justice system today' Find out more. Send us a text
Mar 12, 2021•34 min•Season 3Ep. 37
From the DA's office to Insurance to finally a Plaintiff’s career path, Mr. Paboojian has litigated over 55 jury trials to verdict and continues to advocate the best for his clients. He also encourages all lawyers to get in the game, no matter how scary it seems at times. Plus, we'll discuss what we’ve learned from employment litigation in conservative areas. Send us a text
Feb 20, 2021•24 min•Season 3Ep. 36
Trial Lawyers join the science group discussion and the post podcast results speak for themselves. As Brendan's case here resolved at $4.7m out of our predicted max of $4.3m! Send us a text
Feb 11, 2021•1 hr 3 min•Season 3Ep. 35
That’s right ladies and gentlemen we’re turning the corner into a new age. This space requires a whole different approach. Are you ready to take on this challenge? I think you might feel the pain, as I have, stretching beyond my normal routines but I gotta tell you once you reach the other side you’ll see things much clearer and wake up with a refreshed view of your profession. And who knows, maybe it’s the positive silver lining you've been waiting for! New Show Sponsors, New Opportunities We’r...
Nov 27, 2020•13 min•Season 3Ep. 34
This set up a model of experience, critique, and post-critique to help student lawyers become better. With video (streaming), Guy states "a two-week trial could be done in 3 days!". In this episode you’ll learn: The obstacles faced when he wanted to use video and audio evidence. About a Judge in Sandusky Ohio using Pre-recorded Video Tape Trials. How past obstacles apply today with a virtual trial. The one HUGE advantage to video transmission. The most important features of a mock trial to repli...
May 28, 2020•22 min•Season 1Ep. 4
Use multiple, representative samples of screened participants Multiple groups allow generalization and greater confidence in patterns Objective, behavioral scientist moderates focus group Conducted in from the comfort of participant’s home Simulates live discussion among participants Examine how individuals affect others’ expression of emotions and verbal responses Records each participant’s facial expressions for offline analysis Records text of each participant’s speech for offline analysis Mu...
Apr 03, 2020•26 min
Rex discusses his legal team including Robert Kennedy,Jr, John Morgan, and Brian Panish for the amazing challenges and corruptive affairs of Oil & Gas or other similar mass torts targeted industries. "I have never seen anything this scandalous". For lawyers that are gonna get involved with the oil industry, you have to be prepared when there are "no rules." You look no further than Exxon whose own reports 50 years ago said climate change is caused by what we're doing, let's keep it a secret ...
Mar 12, 2020•16 min•Season 1Ep. 2
Mr. Parris takes another deep dive science approach to his voir dire and lets you know what's about to happen in the future. Now is a good time to learn from someone who has invested years of cutting-edge research into his practice as well as other plaintiff trial law firms. Send us a text
Feb 28, 2020•19 min•Season 1Ep. 1
To kick-start the new year and decade, the team at Jury Analyst sat down with Brian Panish to answer some listener questions. Brian is one of the country’s leading trial attorneys, so we’re grateful for his time and hope you find his tips as interesting as we do. Send us a text
Jan 17, 2020•18 min•Season 3Ep. 33
He shares his insight into what it’s like as a lawyer to write books. How he approaches trials as a story or play to show people the truth that is emotionally engaging. The most important thing to provide jurors in the opening statement. Unique strategies he uses in jury selection to unearth as much information possible. The challenges of Tobacco litigation. Send us a text...
Nov 16, 2019•31 min•Season 2Ep. 32
The experienced gained working for an insurance defense firm. His advice to young lawyers aspiring to open their own firm. The strategy he uses to uncover bias jurors during voir dire. The challenges of employment law and how to navigate them. Insights into wrongful death and personal injury. Send us a text
Nov 08, 2019•25 min•Season 2Ep. 31
Chris Dolan’s journey from leaving high school in the bottom fifth of his class to graduating Georgetown Law with high honors after the school rejected him TWICE!! His tongue lashing of a Georgetown Law professor who demeaned the value of plaintiff’s lawyers in society Tips on developing a healthy mindset for starting your own firm—Chris accomplished this goal with only $5K, 2 PCs, and a coaxial cable! How he utilized the mindset of ‘going all in’ with everything you set out to achieve in order ...
Oct 23, 2019•24 min•Season 2Ep. 30
Why it’s important for plaintiff lawyers to be involved in justice associations. How attending the Gerry Spence college and learning the methods was a watershed moment in his life. How he developed the “Secret Sauce” from some of the greatest minds using different methods. How he got two of the top 100 verdicts in 2018. How to get a massive judgment in a comparative fault case. Send us a text...
Oct 02, 2019•24 min•Season 2Ep. 29
An eye-opener that happened in 1999 that yielded a verdict of $4.9 billion dollars. Insights into his largest case verdict where a vicious beating by security personnel caused traumatic brain injury. His strategy of using mini-opening statements and why it’s important. How he uses polarizing as a tool in his cases. California fires and interesting facts we are learning.. Send us a text...
Aug 29, 2019•25 min•Season 2Ep. 28
The procedural history of back and forth he experienced with the Sandy Hook case against the gun industry. What it’s like to grow up in a family and in a law firm with three-generations of lawyers. How he got a 22.5 Million verdict on a retrial. How he got involved in taking on the gun industry and the challenges he faced. The claims he filed under in order to keep the case in state court. Send us a text...
Aug 10, 2019•25 min•Season 2Ep. 27
