The Jury Is Out - podcast cover

The Jury Is Out

The Jury is Out offers insight, experience and mentorship to trial attorneys who want to better serve their clients and improve their practice. Hosted by John Simon, Member of the International Academy of Trial Lawyers and Founder of Simon Law, Tim Cronin, Attorney at Simon Law, and St. Louis attorney Erich Vieth, named one of the top Appellate Attorneys in Missouri in 2021, The Jury Is Out focuses on client relations, trial skills and firm management. Nationally recognized guests add depth and vision to the lively and inspiring discussion. Recognized by the National Law Journal as one of the winningest law firms in America, Simon Law has obtained more than $1 billion in verdicts and settlements in medical malpractice, personal injury and corporate law since the firm’s founding in 2000. The Jury Is Out is a production of Simon Law. Contact us at comments@thejuryisout.law.
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Episodes

EP205 - Find Time for Time Management Part One

A waste of time is the most extravagant of expenses. Are you utilizing all your resources efficiently to focus, delegate and eliminate distractions? In this timely skill-reset session, John Simon and Erich Vieth reinforce the need to prioritize time management and offer insights to help you boost creativity and productivity.

Apr 14, 202126 minSeason 2Ep. 5

EP204 - How to Depose A Corporation Part Two

Searching for information in a corporate case can be like looking for a needle in a haystack. Corporate rep deposition rules should be your spotlight. John Simon and Erich Vieth highlight the unique powers of corporate rep depo rules and explain how to get around the most common depo roadblocks opposing counsel may put in your path.

Apr 07, 202136 minSeason 2Ep. 4

EP203 - How to Depose a Corporation Part One

John Simon believes the corporate representative deposition rules are some of the most powerful tools in your toolbox. Are you leveraging them to your best advantage? Join John and Erich Vieth as they discuss how to use the rules to find the right person to depose, track down the facts in a corporate information maze and focus on the follow up.

Mar 31, 202131 minSeason 2Ep. 3

EP202 - Re-examine Your Cross-Examination with Patrick Malone Part Two

Are you stuck in a cross-examination rut? John and Erich reconsider old-school techniques with attorney and author Patrick Malone based on insights from Patrick’s new book, The Fearless Cross-Examiner. Learn thought-provoking new techniques to discredit dishonest witnesses, counter common issues and reduce tensions in the courtroom, and attack your next cross-examination with sharper skills and a new attitude.

Mar 24, 202137 minSeason 2Ep. 2

EP201 - More Confident Cross-Examination with Patrick Malone Part One

Ready to take your cross-examination skills to the next level? Attorney and author Patrick Malone challenges tired and restrictive cross-examination practices and offers fresh insights on how, when, and where to research witnesses, traps to catch the cherry-pickers and Patrick’s “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, The Fearless Cross-Examiner, and learn at least one tip that will improve your approach in the courtroom. www.patrickmalonelaw.c...

Mar 17, 202138 minSeason 2Ep. 1

EP134 - Settlements Part Two

Settlement negotiations are not always successful. But you will always learn something about the case or the opposition that may prove helpful later. What to share during settlement, and what to withhold, can impact the outcome. John and Erich share settlement strategies in Part Two of our focus on settlements. John and Erich will take a short break to prepare episodes for season two. Send topics that you would like them to discuss when we resume to: comments@thejuryisout.law

Oct 28, 202029 minSeason 1Ep. 34

EP133 - Settlements Part One

Are you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? John and Erich share solid tips on when to start settlement talks, how to negotiate from a position of strength and when to walk away.

Oct 21, 202036 minSeason 1Ep. 33

EP132 - Auto Fraud with Bernard Brown

Rebuilt wrecks. Odometer rollbacks. Car financing fraud. How can these small claims add up to significant judgements? Missouri consumer fraud expert Bernard Brown shares his extensive experience in the auto fraud field and offers car buying tips every consumer should know to protect themselves from unscrupulous auto dealers and finance firms. Bernard Brown studied as an undergraduate at St. John’s College in Annapolis, Maryland (a “Great Books” school), before obtaining his undergraduate degree ...

Oct 14, 202029 minSeason 1Ep. 32

EP131 - Consumer Fraud with Bernard Brown

Considering a consumer fraud case such as odometer rollback or mortgage fraud? Missouri consumer fraud expert Bernard Brown offers key insights to Missouri’s Merchandising Practice Act and tips on resources and rulings that can help improve your consumer fraud case. Bernard Brown studied as an undergraduate at St. John’s College in Annapolis, Maryland (a “Great Books” school), before obtaining his undergraduate degree from the University of Toronto (in Toronto, Ontario) and his law degree from t...

Oct 07, 202052 minSeason 1Ep. 31

EP130 - COVID-19 and Your Practice with Ron Norwood

COVID has changed the way every attorney works. Trial and appellate attorney, arbitrator and professor Ron Norwood joins John and Erich for a positive discussion on how firms of all sizes have adapted and often improved their practices under pandemic restrictions. Tune in and share some virtual camaraderie as we continue to record from home offices. Ronald A. Norwood, a native of Chicago, and 1986 MU Law graduate, joined Lewis Rice in 1988 after serving as a law clerk for U.S. District Court Jud...

Sep 30, 202046 minSeason 1Ep. 30

EP129 - Focus Groups Part Two

Focus groups are powerful legal tools, but they should be used strategically. John and Erich discuss how and when to do a focus group, suggest ways to use the data for trial and negotiation, and point out pitfalls to avoid.

Sep 23, 202021 minSeason 1Ep. 29

EP128 - Why Guess? Focus Groups Part One

Why guess how a jury might respond to your case when you can actually test your position before trial? John and Erich examine the value and structure of online and in-person focus groups and illustrate how focus group insights can strengthen your case from voir dire to damages.

Sep 16, 202040 minSeason 1Ep. 28

EP127 - Voir Dire Legal Issues

What are the courtroom standards for voir dire in Missouri law? John and Erich discuss current interpretations of the legal statues based on their experience in the courtroom.

Sep 09, 202023 minSeason 1Ep. 27

EP126 - Voir Dire Removing Jurors for Cause

So you’ve identified a potential juror you don’t want deciding your case. How can you effectively remove them? John and Erich share thoughts on how to expose bias and get jurors off for cause.

Sep 02, 202025 minSeason 1Ep. 26

EP125 - Voir Dire Educating About Issues

What is the scope of voir dire? Are there topics you can’t bring up, even though they may be critical to your case? John and Erich discuss what you should and should not explore in voir dire.

Aug 26, 202025 minSeason 1Ep. 25

EP124 - Voir Dire General Topics

So many potential jurors, so little time! Knowing the right questions to ask to during voir dire, and what to listen for in the answers, can improve your odds of seating a jury that will fairly evaluate your case.

Aug 19, 202027 minSeason 1Ep. 24

EP123 - Voir Dire Intro

Selecting impartial jurors to decide your case is critical. But how can you tell who in the pool is impartial? John and Erich share voir dire tactics to help you uncover hidden bias or prejudice that could derail your case in deliberation.

Aug 12, 202031 minSeason 1Ep. 23

EP122 - “Work-Life Balance” with Amy Gunn

Medical Malpractice Attorney Amy Gunn hates the term “work-life balance.” But her tips on setting workable priorities for career, family and personal goals can help any busy attorney find more “balance” as they pursue a busy, goal-oriented life.

Aug 05, 202027 minSeason 1Ep. 22

EP121 - Persuasion with Hon. Mike Wolff

How can you be more persuasive with your clients, co-workers and in the courtroom? Hon. Mike Wolff, retired Chief Justice of the Missouri Supreme Court and former Dean of the Saint Louis University School of Law, joins John and Erich to focus on the powers of persuasion.

Jul 29, 202026 minSeason 1Ep. 21

EP120 - Artistic Rights with Yvette Liebesman

Patents, trademarks and copyrights all apply to artistic creations such as music, art, written work and inventions, but how? Intellectual property expert Yvette Liebesman explains the complex legal nuances of artistic rights protection.

Jul 22, 202035 minSeason 1Ep. 20

EP119 – Preparing an Expert Witness for Deposition with Erica Slater

Your experts are the foundation of your case. Preparing them properly helps ensure your key points are brought out in depo. Erica Slater of the Simon Law Firm joins John and Erich to discuss the challenges of selecting and preparing your expert for deposition.

Jul 15, 202028 minSeason 1Ep. 19

EP118 – COVID and Beyond: Part Two of Juror Attitudes

John Simon and Erich Vieth are again joined by John Campbell to discuss Campbell's research on juror attitudes in the age of COVID-19. How nervous are people about showing up to serve in person as jurors? Will their attitudes toward wearing masks affect their willingness to serve? Have their attitudes about doctors changed to the extent that it would affect outcome on medical malpractice cases? Campbell has surveyed hundreds of potential jurors on these issues. Bonus issue: Should we use this pa...

Jul 08, 202022 minSeason 1Ep. 118

EP117 – The Effect of COVID-19 on Juror Attitudes

To what extent are people willing to return to court to serve as jurors during the pandemic? John Simon and Erich Vieth discuss this topic with attorney and researcher John Campbell, who has conducted focus groups involving 1,500 jurors. Many, but not all, people are apprehensive about returning to jury service. This podcast explores juror attitudes regarding jury service, juror safety, and the extent to which a reboot of COVID-19 jury service might skew trial outcomes. John Campbell, JD is tria...

Jul 01, 202037 minSeason 1Ep. 17

EP116 - IP is Everywhere with Yvette Liebesman

Downloading a photo. Playing a cover at the coffee house. Your firm’s website. Who owns what, and when can you use someone else’s work? Intellectual property expert Yvette Liebesman discusses the legal ramifications of IP that surround us every day.

Jun 24, 202027 minSeason 1Ep. 16

EP115 - Written Discovery

Your written discovery request is the blueprint for what you need to prove in your case. But chances are, you won’t receive all that information without a fight. John and Erich share tips on addressing objections, drafting interrogatories and successfully navigating the discovery process.

Jun 17, 202033 minSeason 1Ep. 15

EP114 – Case Selection

It sounds like a good case, but are you willing to bet your firm on it? John and Erich discuss case selection and highlight potential problems that are best to avoid early.

Jun 10, 202021 minSeason 1Ep. 14

EP113 - Life Without Lawyers

Lawyers may get a bad reputation, but where would we be without them? John and Erich review the many ways attorneys protect our rights, deter bad behavior and uphold the ethics of democracy.

Jun 03, 202022 minSeason 1Ep. 13

EP112 – Appellate Practice with Hon. Glenn Norton

Hon. Glenn Norton returns to discuss appellate practice. Speaking from his experience on the Missouri Court of Appeals and as a trial court judge, Judge Norton discusses appellate strategies that work and shares insights into what can send your appeal down the wrong path.

May 27, 202025 minSeason 1Ep. 12

EP111 - Preparing Your Client for Trial

It’s time for your client to tell their story to the jury, but will it be communicated in the most persuasive way possible? John and Erich offer tips on helping your client project the best version of themselves in the courtroom and how to prepare them for testimony and cross examination.

May 20, 202021 minSeason 1Ep. 11

EP110 – Defending Your Client in Deposition

Your client’s deposition will make or break your case. John and Erich discuss strategies to prepare your client for depo and talk about the role you should play as their counselor during this important and stressful phase.

May 13, 202021 minSeason 1Ep. 10
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