Have you ever wondered how the best trial lawyers prepare for court? Join me as I sit down with Justin Starin of McKenna & Starin, to pull back the curtain on the strategic deployment of focus groups in personal injury law. Together, we venture beyond the traditional mock trial format, navigating the nuances of targeted sessions that dissect specific issues like causation and case framing. Justin's expertise shines as we dissect how focus groups can not only unveil potential juror biases but als...
Dec 20, 2023•35 min•Ep. 104
Communication is the heartbeat of every relationship, and the bond between lawyer and client is no different. Listen in as we discuss the challenges and strategies of managing client expectations in the legal field with Matt Murphy from Montana. Specializing in workers' compensation cases, Matt shares his invaluable experience and emphasizes the importance of being upfront and honest with clients, even when the news isn't the most favorable. We also tackle the complexities of managing expectatio...
Nov 29, 2023•54 min•Ep. 103
Prepare yourself to embark on an enlightening journey into the realm of traumatic brain injuries (TBI), where science, law, and humanity converge. With Kenny Berger, a seasoned plaintiff's personal injury lawyer from South Carolina as your guide, you're guaranteed to gain a deeper understanding of the human elements in each TBI case. Kenny's insights, drawn from his extensive experience representing TBI clients, will help you comprehend the far-reaching effects of brain injuries on all aspects o...
Nov 15, 2023•40 min•Ep. 102
Are you ready to redefine your understanding of focus groups and mock trials? Let's dive into the subtleties and key differences between the two, as we expose the secrets behind effective case preparation. With exclusive insights from expert attorneys, medical illustrators, and visual aids specialists, we'll be enriching your knowledge and honing your skills. Don't miss our intriguing foray into the world of legal jargon as we dissect the merits of focus groups over mock trials, shedding light o...
Nov 08, 2023•20 min•Ep. 101
Imagine being able to improve your trial practice by utilizing DIY focus groups - well, that's exactly what our guest, Clint Schumacher, has been doing. As an attorney specializing in eminent domain cases, Clint shares his fascinating journey of implementing focus groups to enhance his practice, and how Zoom has become an essential tool in facilitating them. We also take a deep dive into recruitment strategies, discussing the importance of finding the right participants and sharing the tips and ...
Nov 01, 2023•33 min•Ep. 100
Elevate your understanding of deposition preparation with a unique focus on Spanish-speaking clients in our latest episode. We promise you'll gain valuable insights into the role of translators in this process, offering your clients a deeper layer of comfort and preparation. With firsthand experience from the field, we share how employing a translator for role play during deposition prep can drastically improve your client's understanding and readiness, setting them up for success. Venture furth...
Oct 25, 2023•14 min•Ep. 99
Ever marveled at the power of a compelling narrative on a jury? Ever wondered how those narratives are crafted? Hillary Carls, a dynamic trial lawyer, joins us in a riveting conversation about the role of focus groups in crafting winning narratives. We recount our experiences and share how these groups have altered our approach to even the most complex cases. Hillary shares her journey to becoming a trial lawyer and how focus groups steered her to victory in a challenging sexual abuse case. The ...
Oct 11, 2023•37 min•Ep. 98
When you've got 20 years of litigation under your belt, stepping into a new role can feel like a leap. But that's exactly what Kiele Linroth Pace did when she founded her law firm and took on the fresh challenge of the special counsel role. She has effectively blended her considerable experience in criminal law with the less familiar world of law firm administration. Now, she has the freedom to carefully select the projects that inspire her most, and she's even contemplating the idea of training...
Oct 04, 2023•52 min•Ep. 97
Maybe you’ve had this case for a couple of months now and you’ve done a little bit of investigating. So you have a little understanding of the facts around what happened, but you haven't actually filed the case yet. This can also be the time for you to use a pre-litigation focus group for more in-depth planning. The perfect time to use a focus group is when you have the information that allows you to make some predictions, and there aren't any huge missing facts going on so you can pretty well p...
Sep 27, 2023•12 min•Ep. 96
Are all clients a good fit for witness preparation? Join me as I share a recent experience of a client resisting deposition preparation. I will also discuss ways to identify if a client is open to learning – or if they're just acting like a know-it-all. Discover the signs to look out for, and I’m also giving out some questions to consider to evaluate your client's readiness and willingness to engage in the process. This episode takes a closer look at how to handle clients and determine their lev...
Sep 20, 2023•16 min•Ep. 95
Are you really prepared for that deposition, or are you falling into the trap of catchy YouTube tutorials and oversimplified online advice? Join me today as I navigate this treacherous landscape, discovering the dangerous pitfalls along the way. From the barrage of legal jargon to misinformation, these videos can lead you down a path of confusion, potentially harming your case. Using Texas law as an example, I call out the issues stemming from this online maelstrom of well-meaning but often misg...
Sep 13, 2023•18 min•Ep. 94
Don't you just crave a fool-proof system to help you conquer trial preparation, regardless of how many people you have on your team? In my recent experience assisting a group of lawyers, it was evident that the make-or-break in their case was a robust method of prioritization and delegation. In this episode, we dig deep into the mechanisms of planning, organizing, and executing tasks effectively when prepping for a trial. I’m sharing crucial insights on how prompt decision-making and appropriate...
Sep 06, 2023•17 min•Ep. 93
How much power does self-perception hold over our actions, and what role does it play in a courtroom scenario? How critical is the reconciliation of dual identities, especially when it comes to legal proceedings? If these questions intrigue you, then this episode is perfect for you. Join me as I discuss the profound impact of client self-image on case testimony, how a client’s perception of themselves can significantly alter their behavior, and how jurors' immediate judgments can adversely affec...
Aug 30, 2023•25 min•Ep. 92
Unlock the secret of success in the courtroom: thorough client preparation. This episode is a wake-up call for all attorneys who underestimate the importance of client deposition or role at mediation. We unravel why investing your time in understanding the client's mindset can turn the tables in your favor and cement trust. The true value of a lawyer isn't just represented by the number of cases they successfully close, but also by their ability to prioritize client experiences. We also devolve ...
Aug 23, 2023•18 min•Ep. 91
Did you know that your wardrobe could be the key to professional success? Get ready to unlock the powerful potential of personal style on our latest episode with image consultant Joseph Rosenfeld. Joseph sheds light on his personal journey, revealing how a chance encounter with the Official Preppy Handbook at 15 shaped his unique sense of style and in turn, his approach to consulting. He takes us through his experiences at Neiman Marcus in Chicago, where his interactions with lawyers and wealthy...
Aug 16, 2023•1 hr 1 min•Ep. 90
Are you wielding the full power of focus groups in your legal practice? Buckle up as we deep dive into the intriguing world of conducting focus groups, a bona fide tool for successful legal advocacy. We chew the cud on the art of maintaining neutrality amidst challenging conversations and the exploration of jurors’ diverse opinions. Riding on the wave of our experiences, we delve into the importance of understanding the unsaid and the challenges in extrapolating data from a focus group to an ent...
Aug 09, 2023•19 min•Ep. 89
Unearth the inside scoop of the courtroom as I sit down with the formidable Andrew Gould. We unpack our mutual experiences, including a mind-bending incident at Shoney's restaurant. As successful trial lawyers, we delve into ways we've learned to connect with juries and clients, enhancing our courtroom prowess, and even share a tale or two about a memorable expert witness. Ever wondered how resilience and repetition breed success in the legal world? Andrew and I share our candid insights on lear...
Aug 02, 2023•1 hr 2 min•Ep. 88
Grief affects us all differently and can manifest in many ways beyond the loss itself. In this episode, I’m sharing valuable insights on how to better communicate with and support clients experiencing grief, how grief shows up mentally and physically for clients, and some practical tips for avoiding common communication pitfalls. As lawyers, we can better support our clients by learning to communicate with empathy and understanding. By listening without judgment, we can help clients identify and...
Jul 26, 2023•19 min•Ep. 87
Have you ever been told, in the midst of loss or grief, to 'stay busy' or 'give it time'? This episode explores how such childhood messages shape our perceptions of grief and loss. We'll be unpacking these often confusing and unhelpful strategies, shining a revealing light on how they can negatively impact our adult responses to grief. Then, we'll be discussing ways to reframe these ingrained messages and come up with supportive strategies that promote healthier processing of grief. Next, we'll ...
Jul 19, 2023•16 min•Ep. 86
Have you ever thought about the role grief plays in our lives, especially in a legal context? As a seasoned trial lawyer, I’m shedding light on this often-overlooked facet of litigation. Grief is not just a reaction to death, but a universal response to loss. From wrongful death cases to personal injury disputes, this emotional journey can be a complex maze. In this series, I guide you through my own experience with grief recovery, offering lessons that can aid your personal journey or provide u...
Jul 12, 2023•21 min•Ep. 85
Ever wondered how the legal world and technology intersect? Well, get ready to demystify that as we chat with John Rubin, an innovator changing the game in the legal scene. A seasoned lawyer and entrepreneur, John brings an in-depth look at how he's leveraged his experiences in the courtroom to create ground-breaking tools for attorneys and mediators. Join us as we navigate the legal landscape with John, exploring the concept of LitX (Litigation Exchange), a brilliant tool designed to enhance th...
Jul 05, 2023•40 min•Ep. 84
Imagine being able to improve your trial practice by utilizing DIY focus groups - well, that's exactly what our guest, Clint Schumacher, has been doing. As an attorney specializing in eminent domain cases, Clint shares his fascinating journey of implementing focus groups to enhance his practice, and how Zoom has become an essential tool in facilitating them. We also take a deep dive into recruitment strategies, discussing the importance of finding the right participants and sharing the tips and ...
Jun 28, 2023•33 min•Ep. 83
It's a new year and it's time to look at new opportunities and new ideas for you to plug in and use. Today, let’s start with the best time to run focus groups. Sure, you can run a focus group at any time. But if you want to get the most out of it, there are actually six spots to run a focus group in your case. These are great places to help you prepare the case better. You may not get through to the trial and just get through mediation. But these are all opportunities for you to grow the case be...
Jun 21, 2023•13 min•Ep. 82
Have you ever wondered how to set up a focus group system that not only saves you money but also provides invaluable feedback for your courtroom success? In this episode, I share my insights and experiences on creating your very own focus group that will help you improve your skills and case strategies. I cover the non-economic damages model, the confusion around it, and how it could create gaps in your case. Plus, I discuss how to eliminate a defense argument and even add facts to your case fro...
Jun 14, 2023•28 min•Ep. 81
Discover the secrets to successfully recruiting focus group participants in our fascinating conversation with Rhonda, a seasoned virtual assistant based in Charleston, South Carolina. Learn how our innovative recruitment system, utilizing platforms like Craigslist and Facebook, has proven effective in drawing in participants from various locations across the US. Rhonda's own experience as a focus group participant drives her passion for helping others find the perfect candidates for their groups...
Jun 07, 2023•24 min•Ep. 80
Roleplaying is a versatile technique that can be employed to prepare for challenging scenarios, including cross-examinations and depositions. As trial lawyers, it is an effective tool that can improve our preparedness to handle complex legal situations. Today's discussion will focus on roleplay's application in getting clients ready for testimony, whether it is for a deposition or trial. Christopher Russo, a seasoned lawyer with 32 years of experience, will be joining us to share his insights on...
May 31, 2023•44 min•Ep. 79
In this episode, we’re joined by Jason Erlich, an employment lawyer out in California, and we talk about a book we both read called “Influence is Your Superpower.” The author, Zoe Chance, put a lot of her research into this book about influence and the psychology of influence. As trial lawyers, we've got to deal with jurors, and we've got clients and influence adjusters. And so, this was a great book for me. Most people feel very uncomfortable trying to influence others. Reading the book and her...
May 24, 2023•32 min•Ep. 78
In this episode, we explore how focus group clips can be used as tools in mediations. Specifically, I’m sharing five simple things that we can do as plaintiff's lawyers to help our mediations, as presented by a loved and respected mediator on both sides of the aisle. Learn about virtual versus in-person mediations and strategies for client preparation, such as sending a demand before the mediation. The episode also covers negotiation styles and risk ranges on a case, as well as how to effectivel...
May 17, 2023•16 min•Ep. 77
When we're preparing a client for testimony, whether for deposition or trial, there are basic concepts you need to keep in mind. As trial lawyers, we could be so engulfed in a lot of things that sometimes, we need to step back and look at things from a ground-level perspective. In this episode, I’m going to discuss these three basic concepts: teaching, communication, and timing. We’re going to touch on the power of visuals, the things that go into preparing for deposition, and how one-on-one mee...
May 10, 2023•26 min•Ep. 76
Don't skip out on measuring the credibility of your witnesses and seeing the power of influence that they have over the decision-makers in your case. And one of the best ways to do that is through witness clips. In this episode, we discuss the importance and the usability of witness clips in a focus group. Through witness preparation, you can create a more effective focus group by giving your client a better understanding of how they are perceived by outsiders. Witness clips can help them identi...
May 03, 2023•9 min•Ep. 75
