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

EP 507- Office Dynamics Part One: Communication

Big trials are keeping our TJIO team away from the mic, so the support staff hijacked the podcast to share their insights on office dynamics. Learn how to improve your own office with candid comments from our paralegals and IT team members, and find out how you can help them help you.

May 01, 202427 minSeason 5Ep. 7

EP 506- Nitrous Oxide Trial Part Two

Nitrous oxide is primarily used to make whipped cream, so why is it being sold in smoke shops? That’s what Johnny Simon wanted to know…and his winning argument will help remove this insidious poison from many communities. Hear the dramatic trial story, the personal toll on the victim’s family, and the landmark verdict in part two of our story.

Apr 17, 202438 minSeason 5Ep. 6

EP 505- Nitrous Oxide Trial Part One

This tragic death case was originally approached as a workplace safety issue. But when Johnny Simon heard the story, he took another approach….contending that the defendant was impaired while under the influence of nitrous oxide, which had been sold in a local smoke shop. By going after the nitrous oxide manufacturer with this novel approach, Johnny won one of the largest verdicts in Missouri history. Tune in as Johnny discusses his winning strategy.

Apr 03, 20241 hrSeason 1Ep. 505

EP 504- Mentorship with Mary Simon Part Two

In part two, we share our mentor’s most impactful lessons and talk about the benefits of building long lasting relationships through mentorship. No matter if you are the mentor or the mentee, taking time to share experience and expertise elevates our profession.

Mar 20, 202423 minSeason 1Ep. 504

EP 503- Mentorship with Mary Simon Part One

Mentorship improves competence and confidence. John brings his daughter Attorney Mary Simonto the mic to discuss the power of mentorship for personal and professional growth.

Mar 06, 202433 minSeason 1Ep. 503

EP 502- Jury Nullification Part Two

We continue our discussion on jury nullification with examples we’ve encountered in recent cases and offer tips on how you can address possible nullification issues through argument, motions in limine or jury instructions. Our best advice is to keep your eyes open through every step of the case and be prepared to take up the issue with the court.

Feb 21, 202422 minSeason 5Ep. 2

EP 501- Jury Nullification Part One

Can a jury render a verdict that is outside the law? And if so, can you encourage them to do so? We’ll discuss the history of jury nullification, how some attorneys try to suggest that jurors can or should ignore evidence, and ways you can use voir dire to try to identify jurors who may consider nullification.

Feb 07, 202425 minSeason 1Ep. 501

EP 456- Legal Office Management with Angela Louis Part Two

Management expert Angela Louis discusses the unique challenges facing plaintiff’s firms and suggests key traits every successful office administrator should have. She also offers tips on how to continuously support the firm’s “brand” of excellent work by putting long and short-term processes in place.

Jan 24, 202423 minSeason 1Ep. 456

EP 455- Legal Office Management with Angela Louis Part One

Are you spending more time running your firm than handling your cases? That’s the tipping point when you should hand off those responsibilities to a qualified legal office manager. Angela Louis, the Simon Law Firm’s award-winning Director of Administration, lends insight into this critical multi-tasking role.

Jan 10, 202426 minSeason 4Ep. 55

EP 454- Deadlocked

We are seeing more deadlocked juries in which jurors refuse to discuss the facts of the case. Today’s discussion addresses not only the legal implications of a refusal to engage in productive discourse and compromise, but the implications to our government’s function if verdicts cannot be reached in the courtroom. What can we do?

Jan 03, 202435 minSeason 4Ep. 54

EP 453- Discovery Abuse with Ferne Wolf Part Three

Our final episode with Ferne Wolf of Silverstein Wolf covers your ethical obligations during document discovery, how to respond to a document dump and when to ask for documents in native form.

Dec 27, 202330 minSeason 4Ep. 53

EP 452- Discovery Abuse with Ferne Wolf Part Two

In Part Two of our discussion with Employment Law Attorney Ferne Wolf, we take an in-depth look at rule 30B6, issues regarding designating corporate witnesses and how to handle refusals to disclose insurance coverage.

Dec 20, 202333 minSeason 4Ep. 52

EP 451- Discovery Abuse with Ferne Wolf Part One

Have you noticed more attorneys objecting to written discovery? Why? In this three-part discussion, Employment Law Attorney Ferne Wolf examines how the rules of professional conduct overlap with the civil rules regarding written discovery, and offers rules you can use to keep the process moving.

Dec 13, 202341 minSeason 4Ep. 51

EP 450- Lawyers in Leadership with Elise Holtzman

Are you satisfied when your firm is “good enough”? Professional development coach Elise Holtzman challenges you to strategically examine your workplace and your personality to improve your business, create more successful communication and develop the leadership skills you and your firm need to succeed.

Dec 06, 202330 minSeason 4Ep. 50

EP 449- Pillars of Business Development with Elise Holtzman

Would you like to generate more business? Elise Holtzman is founder of The Lawyer’s Edge, a leadership development firm that helps attorneys become more proactive about business development and career acceleration.

Nov 29, 202331 minSeason 4Ep. 49

EP 448- Results Don’t Lie Part Six- Update

Koon v. Walden is still making an impact on opioid prescribing in America, but insurance companies and legislatures are putting higher hurdles in place to limit damages and restrict the patient’s ability to have their day in court. In this update, Johnny Simon and Tim Cronin discuss the impact of the case on prescribing behavior, nationwide medical training, and potential opioid litigation.

Nov 22, 202343 minSeason 4Ep. 48

EP 447- Results Don’t Lie Part Five-Verdict

In Episode Five of Results Don’t Lie, defense experts take the stand. But a few things aren’t adding up, and Tim and Johnny discover missing records that could derail the entire defense. Hear the stunning multi-million dollar verdict, the definitive appeal decision, and the positive impact this case made upon the American medical system.

Nov 15, 202350 minSeason 4Ep. 47

EP 446- Results Don’t Lie Part Four- Trial

What would you be thinking if you were on the jury when attorneys tried to blame an upstanding physician for his patient’s opioid addiction? Johnny Simon and Tim Cronin knew they had to find an open-minded jury to consider their side of the story, and jury selection could make or break their case. Tune in for a discussion of their voir dire strategy and opening arguments in this landmark trial.

Nov 08, 202351 minSeason 4Ep. 46

EP 445- Results Don’t Lie Part Three-The Other Side

There are always two sides to the story, and in Koon v Walden, the other side came on strong. In this episode of Results Don’t Lie, Johnny Simon and Tim Cronin challenge defense experts during deposition with the “dirt” they uncovered in their research. You’ll also learn how specialized focus groups helped test and refine the plaintiff’s case before trial.

Nov 01, 202347 minSeason 4Ep. 45

EP 444- Results Don’t Lie Part Two-Building the Case

How do you build a case against a hospital system and a doctor who you claim turned his patient into an opioid addict? The plaintiff’s stories about how this growing opioid addiction shattered their lives are shocking, but are they powerful enough to overcome the doctor’s defense?

Oct 25, 202356 minSeason 4Ep. 44

EP 443- Results Don’t Lie Part One-Bad Medicine

When you get hurt, you go to a doctor. But what do you do when your doctor’s prescriptions turn you into an opioid addict? Johnny Simon and Tim Cronin tried one of the first legal battles in America to hold physicians accountable for over-prescribing opioids. And they won. Johnny and Tim chronicled their trial story in a six-part podcast called Results Don’t Lie and we’re sharing it with you to explore the winning legal strategy behind trying opioid addiction cases from a med mal perspective.

Oct 18, 202352 minSeason 4Ep. 43

ENCORE EP108 - Selecting Expert Witnesses with Erica Slater

Expert witnesses can make or break your case. Not only do they need to understand the facts of the case and the subject matter, but they must also clearly communicate their position to the jury. But you can’t always count on credentials alone. In this encore presentation, Trial attorney Erica Slater of The Simon Law Firm joins John and Erich to discuss expert evaluation strategies that can help avoid surprises in the depo, trial, and invoice.

Oct 11, 202331 min

EP 442- Show and Tell

After 72 hours, most people remember about 10% of the information they hear, but 20% of what they see. And when we hear and see the same information, we retain 65%. John and Tim discuss the importance of using visuals in court with Simon Law Firm attorney Erica Slater and share some of the powerful demonstratives they have used to help win cases.

Oct 04, 202345 minSeason 4Ep. 42

ENCORE Marketing Without Going Out of Your Way

Marketing is more than billboards and blogs. Your own genuine interest in the people you interact with every day can be your most effective marketing tool. John and Erich discuss simple, low-cost ways to turn clients and colleagues into marketing opportunities for you and your firm.

Sep 27, 202339 min

ENCORE Fighting Among Friends with Defense Attorney Tim Gearin

Even though you are on opposite sides of the case, having an adversarial relationship with opposing counsel is probably not the best approach for you or your client. Defense attorney Tim Gearin sits down with Erich Vieth and Tim Cronin to discuss why keeping cordial relationships across the aisle is not only polite, but it can also be very productive.

Sep 20, 202328 min

ENCORE - Alvin Wolff’s 40 Tips from 40 Years Part Two

You’ve probably made lists of how to win your case, but Alvin Wolff suggests it may be more beneficial to consider 20 ways to lose. Hear the rest of Alvin’s tried and true rules from real life courtroom experiences in Part Two of our discussion. We’re pretty sure at least one of these tips will help you be a better attorney.

Sep 13, 202332 min

ENCORE Alvin Wolff’s 40 Tips from 40 Years Part One

“A client who has been through several lawyers is probably a client you wish you didn’t have.” St. Louis plaintiff Attorney Alvin Wolff has been practicing for over four decades and his entertaining tips offer wit and wisdom for any attorney.

Sep 06, 202333 minSeason 3Ep. 88

EP 441- Corporate Rep Depositions for Product Liability

The corporate rep depo is a powerful tool to expand discovery and solidify facts in your case. Today’s discussion covers what information you should seek in a corporate rep depo, effective ways to organize comprehensive topics and questions, and how to address common objections.

Aug 30, 202330 minSeason 4Ep. 41

EP440- Building a Strong Foundation for Product Liability Part Two

Your product liability case isn’t just about a single product. Design changes, comparable models, previous incidents and marketing materials should be carefully examined to find the potential flaw or “profit over people” claim for liability. We’ll offer more tips on where to look to find this information and how to use it.

Aug 23, 202329 minSeason 4Ep. 40

EP 439- Building a Strong Foundation for Product Liability Part One

The scope of your pleadings dictates the scope of your discovery, and it’s important to make sure your pleadings are broad enough to allow discovery into all the product issues you need to explore. This two-part discussion outlines a discovery checklist for product liability cases, including what documents and persons may be pertinent to your case and how to track them down.

Aug 16, 202333 minSeason 4Ep. 39
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