Sadly, racially motivated violence is on the rise in America. Simon Law Firm attorney Amy Gunn talked with attorneys Linda Dunikoski and Adam Levine about their trial strategies and their hopes and fears for the American justice system as they litigated two landmark cases. Tune in for a fascinating behind-the-scenes discussion of how these two gifted attorneys helped justice prevail over the fiery rhetoric of hate.
Jan 04, 2023•1 hr 1 min
District Attorney of Manhattan Cyrus Vance Jr. views every case through the lens of two basic principles; does it make us safer and is it fair? We’d like to share Simon Law Firm attorney Amy Gunn’s conversation with DA Vance about integrity, leadership, and the importance of doing what’s right in every aspect of public service. Tune in for a fascinating conversation that includes insights into some of the office’s highest-profile cases including Harvey Weinstein and Malcolm X conviction integrit...
Dec 28, 2022•45 min
You win some, you lose some. But if you lose an important motion, how can you convince the judge to reconsider without risking her wrath? And when should you just let it go? Part Two of our discussion on motions also includes suggestions on preparing a short written synopsis of key points in your case for judge and opposing counsel plus tips on typography and persuasive writing.
Dec 21, 2022•24 min•Season 4Ep. 11
Filing dozens of pretrial motions shows the judge you are well-versed in the law and is sure to impress the court, right? Wrong. You earn credibility with the judge by carefully choosing your most important issues, crafting well-written briefs with citations, and reading the room. We’ve got some great courtroom experiences to share that will help solidify your case and your credibility before trial even begins.
Dec 14, 2022•24 min•Season 4Ep. 10
What price should we put on a life lost? Whether it’s a father, mother, or child, jurors need guidance, context, and motivation when deciding damages. John Simon and Tim Cronin offer several examples of powerful ways to present damages in wrongful death cases and share Tim Cronin’s moving closing argument in a recent case regarding the tragic death of a five-year-old girl.
Dec 07, 2022•20 min•Season 4Ep. 9
Significant physical injuries may be visible to the jury, but emotional harms are not. Are you doing everything you can to help the jury understand and compensate your client’s emotional damages? This episode addresses ways to communicate emotional harm and strategies to diffuse defense challenges to your claims in closing.
Nov 30, 2022•20 min•Season 4Ep. 8
When you ask for damages, you expect jurors to put a tangible number on an intangible loss. How can you help them decide upon a full and fair amount? In our continuing series on closing arguments, we offer a framework for presenting damages that provides a compelling rational basis for damages, shows what the law requires, and puts the client’s losses in perspective the jury can understand.
Nov 23, 2022•21 min•Season 4Ep. 7
Part Two of John Simon and Tim Cronin’s 49 Tips for Closing Arguments examines a range of issues including whether your close should suggest a range for damages vs asking for a specific number, strategies to make the jury’s job easier, and case framing that helps jurors feel better about taking money from the defendant if they are having a hard time giving it to the plaintiff. Take a tip from the pros and help the jury rule in your favor with a more persuasive closing argument.
Nov 16, 2022•22 min•Season 4Ep. 6
The Simon Law Firm has earned over $1 billion in verdicts and settlements since the firm’s founding in 2000, so these attorneys obviously know how to close. John Simon and Tim Cronin offer 49 tried and true tips for strengthening your closing argument, such as how to handle life care plans and ways to make your issues more personal for jurors. Part One covers the first 25 tips which will help young lawyers and seasoned pros craft more effective closing arguments.
Nov 09, 2022•23 min•Season 4Ep. 5
Are you using your close to restate the obvious or educate on the unknown? Jurors may already know how they are going to rule in your case, but they probably don’t know how to apply the law, assign damages, or wade through 40 pages of instructions. You can help. Today’s episode discusses three keys to a winning close: arm the jurors to argue on your behalf, explain the law, and engage their interest. Tune in and turn your next close into a persuasive legal education that helps jurors better unde...
Nov 02, 2022•34 min•Season 4Ep. 4
Are you creating self-defeating typography by using underlines, caps, and fonts that make your argument less inviting to your reader? Author and attorney Matthew Butterick shares key points from his book Typography for Lawyers on how to make your next brief or email easier to read, which helps your reader stay focused longer and reduces annoyance. Matthew believes that small positive mental shift could sway a decision in your favor. Once you recognize that you are a legal publisher, you’ll see w...
Oct 26, 2022•35 min•Season 4Ep. 3
If you’re looking for wise words from a respected mentor, this episode is for you. Through 33 years of trial experience and years as a mediator, George Fitzsimmons has distilled his cases to their essence and established basic tenets on how to treat experts, colleagues, and clients in ways that build credibility for you and your client. George also reminds us that the most important thing you bring to your case is your reputation. Wise words indeed.
Oct 19, 2022•17 min•Season 4Ep. 2
George Fitzsimmons has tried more than 250 jury cases on both sides and handled more than 500 mediations. His experience spans decades and his wisdom has schooled dozens of prominent attorneys, including John Simon. Tune in for classic courtroom stories, tips on why you should consider taking bad cases, and what remains the same in the courtroom from one of the Midwest’s most respected attorneys.
Oct 12, 2022•26 min•Season 4Ep. 1
In Part Two of our unfiltered discussion with legendary plaintiff attorney Tom Keefe, you’ll learn Tom’s strategy to “housebreak” a witness and how to handle a highly-coached expert. You’ll also hear Tom’s most embarrassing moment in trial when a common statement of surprise actually occurred in the courtroom.
Oct 05, 2022•24 min•Season 3Ep. 43
Are you blindly following the “rules” of building a case without examining whether or not they are the best strategy for your client or your practice? Renowned plaintiff attorney Tom Keefe shares his “my rules, my way” tips on how to build a case without experts, the benefits of virtual vs video depositions, how visuals can help and hurt you, and other savvy bits of wisdom learned from decades of knowing the rules and making them work in the depo room and the courtroom.
Sep 28, 2022•25 min•Season 3Ep. 42
Considering a civil rights practice? Be prepared for clients that are not always truthful and juries that are probably against you before you say your first word. But you can also make huge positive changes in our society. Civil rights attorney Bevis Schock shares his strategy on how to evaluate potential clients, ways to be creative in the law, and tips on getting started in this challenging and rewarding field.
Sep 21, 2022•27 min•Season 3Ep. 34
Solo practitioners need to be nimble at technology, marketing, and much more. Attorney Bevis Schock shares his tips for solo practitioners on how to get new clients, ways to keep more productive records, software recommendations, and the pros and cons of recording conversations. Even if you’re part of a big law firm, tune in for some expert advice.
Sep 14, 2022•28 min•Season 3Ep. 40
As the trial unfolds, the issue of agency expands into an examination of First Amendment rights. How did Tim and John prepare for this line of attack? We conclude this fascinating in-depth case study with an overview of critical trial testimony, descriptions of the emotional evidence that made the case, and the substantial ruling for two young clients.
Sep 07, 2022•21 min•Season 3Ep. 39
You did your homework and discovered the opposing counsel’s expert contradicted himself in previous depositions. Once you get your excitement in check, you need to make a strategic decision; Do you drop the bombshell in the depo, or wait for a mic drop in court? Today’s discussion examines the pros and cons of both decisions and offers a gentle reminder to remember to do the same research on your own experts, because having the mic dropped on you ain’t nearly as much fun.
Aug 31, 2022•24 min•Season 3Ep. 38
In a complex case involving a multi-tiered church entity and severe injuries to young children from a faith demonstration that went horribly wrong, The Simon Law Firm focused its case on the issue of agency. In Part One of this 3-part series, learn the background of the case and how John and Tim formulated their precedent-setting arguments. If you ever face an agency claim in your practice, tune in for this master class on courtroom strategy.
Aug 24, 2022•25 min•Season 3Ep. 37
Have you ever been forced to wear a tuxedo to court? Have a client kidnapped and tortured on a roof in China? Or watch your co-counsel perform life-saving treatment on a juror? Crazy things happen when you’ve been a plaintiff attorney for decades. Tune in for these true stories and more as John, Erich and Tim share some of their more memorable courtroom adventures.
Aug 17, 2022•29 min•Season 3Ep. 36
Ever wonder why the facts and conclusions of your case seem so obvious to you, but the jury rules the other way? Perhaps you made them think too hard. In today’s podcast, attorney and author John Blumberg shares constructive tips on how you can make your next case story more believable. Learn how we process and retrieve new information, the powerful difference between analogy and metaphor, how to reach conservatives and liberals, and more from John’s new book Persuasion Science for Trial Lawyers...
Aug 10, 2022•41 min•Season 3Ep. 35
Brad Winters started writing down insights, tips, and life tricks when he was a young man and continued making “notes to self” for decades. Now, as a respected attorney and mediator with decades of experience, Brad’s 48 Secret Rules of Lawyering might show you a new way to work smarter, be nicer, and make fewer mistakes. Tune in and follow Brad’s Rule 47; “Learn. Learn. Learn.”
Aug 03, 2022•27 min•Season 3Ep. 24
As a mediator for more than 600 civil cases, Brad Winters is an expert on the skill and science of mediation. Surprisingly, his goal is not to settle the case but to elicit the plaintiff and defendant’s best proposals to find out if the parties can settle. Brad’s insights on the effectiveness of opening statements in mediation, how to set a positive tone and the value of trust can help you be more effective in your next mediation.
Jul 27, 2022•27 min
There’s no substitute for experience, and today’s podcast with John, Erich, and renowned attorney and mediator Brad Winters brings 120 years of experience and insights to the table. Tune in to learn more about the value of mentoring and personal interaction in the days of virtual lawyering, and how you can become a more authentic lawyer.
Jul 20, 2022•26 min•Season 3Ep. 25
Honesty and authenticity. Competence and trust. Cognitive science provides a research-based road map on how to project these positive points of connection toward judge and jury. Part Two of our conversation with Dan includes reasons to use simple language for cognitive ease, how to link numbers with emotion to enhance memory and five key steps in the process of persuasion. Dan’s research-packed book, Lawyers, Judges and Semi-Rational Beasts, provides deeper context.
Jul 13, 2022•25 min•Season 3Ep. 31
Do you structure your case strategy based on the idea that our brains are designed for truth? You might be very wrong. In his book, Lawyers, Judges and Semi-Rational Beasts, Dan Holloway shares insights from cognitive science that can help attorneys craft stories and supporting analyses that are more likely to convince jurors. Dan also shares a valuable tip about a common behavior that should send up a red flag, whether you sense it in voir dire, or coming from your own consultant.
Jul 06, 2022•27 min•Season 3Ep. 30
Settlement negotiations are not always successful. But a disappointing negotiation can yield important information about your case, and your opponent, that you can use at trial. What to share during settlement, and what to withhold, are important considerations that can impact the final outcome. Tune in to learn some effective settlement negotiation strategies in Part Two of our series on settlements.
Jun 29, 2022•30 min•Season 3Ep. 14
Are you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? And should you work up a case differently if you plan to settle instead of going to trial? In Part One of our two-part series on settlements, John and Erich discuss when to start settlement talks, how to negotiate from a position of strength, and when to walk away.
Jun 22, 2022•36 min•Season 1Ep. 33
Wish you had a way to predict how the jury will respond to your argument? Consider conducting a focus group. Tim Cronin discusses the benefits and limitations of online and in-person focus groups, how to prepare your narrative, ways to test various strategy scenarios, and personal courtroom success stories where focus group results changed the case.
Jun 15, 2022•23 min•Season 3Ep. 29
