Trial Lawyer Prep

Today, we're talking about the advantages of using virtual focus groups to enhance jury selection, especially in jurisdictions with limited voir dire.   I share a real-life success story where a lawyer used virtual focus groups and a detailed jury research chart to navigate a challenging trial with confidence.   We then look at the nuts and bolts of how to conduct virtual focus groups, create insightful jury profiles, and maximize the value of focus group feedback. By analyzing qualitative data from focus groups, lawyers can identify potential jurors who may not align with their case, thereby making informed decisions during jury selection.   This episode is a great starting point for learning practical strategies to better understand jurors, identifying their emotional engagement, and improve your overall trial strategy.   In this episode, you will learn:   Creating a jury research profile helps identify unfavorable jurors. Demographics alone are insufficient; life experiences matter too. Judges may make impulsive decisions during voir dire. Multiple focus groups enhance confidence in jury selection. Transcripts from focus groups are crucial for extracting insights. There is no perfect method for jury selection, but strategies can improve outcomes. You can also watch this episode on my YouTube Channel: No Voir Dire? Here's A Way to Create Your Own Secret Weapon [Ep 153]   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.     Supporting Resources From This Episode: Case Study: How Virtual Focus Groups flipped Disputed Liability (blog)   Jury Selection: What's Broken With Traditional Methods? with Sharif Gray [Ep 149]     Want to learn more about the virtual focus group Elizabeth does with lawyers? Schedule a free call: https://calendly.com/elizabethlarrick Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here:  www.larricklawfirm.com/connect

In our last episode, we heard from Tim Bechtold, whose perseverance ultimately led to a verdict in Montana of over $27 million for his client.   Today, we're joined by Tim's partner in the case, John Heenan, for his perspective on the process and the role he played in achieving the result, particularly as someone who joined late in the day to help push it over the finish line.   We talk about how to approach the trial, the importance of adding someone new to a team for crucial fresh perspectives, and advice for working with conservative mentalities on juries and trial presentation.   John emphasizes the importance of empowering jurors and leveraging collaboration to achieve results in the courtroom, while also reminding us of how we can measure success, keeping an honest assessment of our role in the outcome.   You can also watch this episode on YouTube here: The Art of Teamwork: Winning a $27+ million dollar verdict, with John Heenan [Ep 152]     Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Supporting Resources: Guest John Heenan of Heenan & Cooke Trial Lawyers, Montana. www.lawmontana.com Contact John directly at john@lawmontana.com Books recommended by John: Carl Bettinger, Twelve Heroes, One Voice: Guiding Jurors to Courageous Verdicts David Ball, David Ball on Damages, 3 Nick Rowley and Steven Halteman, Trial By Human   Do you have an upcoming trial and want help writing your opening statement? Book a free call with Elizabeth to see how she can help. Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here: www.larricklawfirm.com/connect

Tim Bechtold spent years fighting a a civil rights case involving a prisoner from the Montana State Prison System.   In today's conversation, we look at the intricacies of the case, detailing the client's wrongful conviction, subsequent assault in a private prison, and the challenges faced due to procedural delays and missed deadlines.   However, the perseverance of Tim and his team ultimately culminated in a favorable verdict and a reward of just over $27 million.   Tim explains the importance of a focus group in shaping their trial strategy and reflects on the quick-paced nature of their trial, as well as the broader implications of justice and advocacy for marginalized communities.   Tim Bechtold is a Montana-based trial lawyer known for his work in civil rights and environmental law.   In this episode, you will learn about: How the case of Nate Lake highlights systemic issues in the justice system. How the verdict of over $27 million underscores the importance of accountability. Why justice for marginalized communities often requires persistence and dedication. The role of storytelling in trials that is crucial for juror engagement. You can also watch this episode on YouTube here: Winning a $27 Million Verdict After YEARS of Fighting, with Tim Bechtold [Ep 151]   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Supporting Resources: Guest Tim Bechtold of Bechtold Law Firm, Montana. Contact Tim directly at tim@bechtoldlaw.net $27.75 million dollar verdict (KRTV news) Northern Cheyenne v. BIA verdict (Daily Montanan) Tim's Environmental Work: https://www.npr.org/transcripts/nx-s1-5416766 2025 Leonard Weinglass in Defense of Civil Liberties Award - AAJ: https://www.justice.org/membership/awards 2025 Montana Trial Lawyer of the Year Award: https://www.monttla.com/?pg=historical   Do you have an upcoming trial and want help writing your opening statement? Book a free call with Elizabeth to see how she can help. Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here: www.larricklawfirm.com/connect

Our episode this week demonstrates why even small focus groups can go a long way towards saving your case.   Running focus groups in discovery can accomplish a lot in even just 50 minutes, giving you data and analysis that you simply wouldn't have otherwise.   I outline three specific types of focus groups that can save cases: neutral narratives, timelines, and deposition preparation. Each type serves a unique purpose in helping lawyers understand their cases better, identify weaknesses, and prepare their clients for testimony.   We want our clients to do the best job possible, so why not give them a leg up and do a focus group test run, to help figure out where jurors will land on the testimony.   In this episode, you will learn: How focus groups can save your case during discovery. Understanding jury perception is crucial for case strategy. How fresh perspectives can break stuck thinking in cases. Identifying assumptions early can guide case direction.   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Supporting Resources: You can watch this episode on my YouTube Channel: @ElizabethLarrick Want to learn more about the virtual focus group Elizabeth does with lawyers? Schedule a free call: https://calendly.com/elizabethlarrick

Are you willing to be bold and confront jury selection challenges head-on?   Sharif Gray is here to share his perspective on jury selection, turning the tables on some of the assumptions and stereotypes that we often associate with the process and suggesting that instead, we take potential concerns and weaknesses and turn them to our advantage.   In so doing, you will demonstrate credibility, authenticity, trust and respect, for the potential jurors, the judge and even the defence.   "We're there for fairness. So I'm looking for jurors who are going to do right by my client, but I'm also looking for jurors who are going to do right by the defense. Because it's not justice if you're  going to close your eyes and just vote for my side every day of the week." - Sharif Gray.   Sharif is a trial lawyer based in Richmond, Virginia, and the host of the Courtroom Stories and Tactics podcast, where he and his guests do deep dives on topics like voir dire, jury selection, the role of the legal system, and one of my favorites: focus groups! I was honored to be a guest on Sharif's show earlier this year.   In this episode, you will learn about: Challenges in Traditional Jury Selection Building Credibility with the Jury Starting Jury Selection Right Effective Communication Techniques Building Credibility in the Courtroom Handling Juror Bias and Concerns   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Supporting Resources: Guest Sharif Gray of Broughton Injury Law. Find Broughton Injury Law here: graybroughton.com Reach Sharif personally at RVA Trial Lawyers: rvatriallawyers.com Listen to Courtroom Stories and Tactics, by RVA Trial Lawyers: rvatriallawyers.com/podcast/ Find my episode on Sharif's podcast: Mastering Witness Preparation Method and Focus Groups | with Elizabeth Larrick (Trial Consultant) More info on the Voir Dire to Verdict training event, October 24, 2025 Email Sharif: triallawyers@rvatriallawyers.com  You can also watch this episode on YouTube here: Jury Selection: What's Broken With Traditional Methods? with Sharif Gray [Ep 149]   Do you have an upcoming trial and want help writing your opening statement? Book a free call with Elizabeth to see how she can help. Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here: www.larricklawfirm.com/connect

We turn to focus groups for different perspectives, different viewpoints and unexpected interpretations. But sometimes, these insights can really catch us off guard, even when we think we already know the case. My good friend Sheila Wilkinson and I continue our conversation from Episode 147, and talk about why teaching lawyers to see their cases through fresh eyes changes everything. Sheila has her own revelations about what focus groups really reveal, and shares her own unique insight as a combined licensed attorney, licensed social worker, educator and coach. Sheila loves to share her passion for teaching and the benefits of involving clients and their lawyers deeply in the focus group process, to improve trial outcomes. We then share actionable advice for plaintiffs attorneys considering focus groups, and emphasize the relational and educational aspects of trial consulting.   In this episode, you will learn about: 05:15 Building Relationships with Clients   09:47 Advice for Attorneys Considering Focus Groups   15:24 The Importance of Lifelong Learning, and Building a Strong Team for Trial   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Discover more about Sheila Wilkinson: Check out her website: sheilawilkinson.com Book time with Shelia: Book Time With Me Find Sheila on LinkedIn: @smwilkinson Discover Sheila's podcasts: Managing Client Disputes Building Your Joyful and Thriving Lawyer Life   Do you have an upcoming trial and want help writing your opening statement? Book a free call with Elizabeth to see how she can help. Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here: www.larricklawfirm.com/connect

Why are focus groups so transformative to the legal field?   Today I invited my friend and fellow lawyer Shelia Wilkinson for a "podcast takeover" - Sheila becomes the interviewer, and asks me about my background and what brought me to doing this unique work of running focus groups for lawyers.   We look at the methods and motivations I use, the value of focus groups in legal practice, how groups help lawyers communicate effectively, identify key case elements, and enhance overall strategy.   Focus groups can transform a legal practice by offering a clearer perspective and fostering confidence in your arguments - ultimately helping lawyers navigate complex cases more effectively.    And stay tuned for part two between myself and Sheila, where more surprises and insights await!     In this episode, you will learn about: Assessing risk Gaining certainty in trial preparation Building better communication skills, and understanding nuances How to identify key case elements How to navigate complex cases more effectively   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Want to learn more about Sheila Wilkinson? Check out her website: sheilawilkinson.com Book time with Shelia: Book Time With Me Find Sheila on LinkedIn: @smwilkinson Discover Sheila's podcasts: Managing Client Disputes Building Your Joyful and Thriving Lawyer Life   Do you have an upcoming trial and want help writing your opening statement? Book a free call with Elizabeth to see how she can help. Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here: www.larricklawfirm.com/connect

Explore the importance of building confidence in clients for depositions in this episode of Trial Lawyer Prep, hosted by Elizabeth Larrick.   Learn the difference between confident witnesses and ego-driven witnesses, and discover practical strategies for instilling confidence in clients ahead of their depositions.   Elizabeth emphasizes using clients' words, co-creating preparation materials with them, and offering positive feedback. The goal is to help clients believe in their stories and communicate them effectively under questioning.   We also look at the importance of role play and testing, to ensure clients are truly prepared for their testimonies.   In this episode, you will learn about: Understanding Confidence vs. Ego in Testimony Building Confidence: Using Client's Own Words Co-Creating Documents for Confidence The Importance of Positive Feedback and Encouragement Role Play: Test Your Client's Confidence   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Supporting Resources: You can watch this episode on my YouTube Channel: @ElizabethLarrick Check out the latest ways to re-wire your brain for better deposition prep in Episode 143. Book a free call with Elizabeth to pick her brain about deposition prep: https://calendly.com/elizabethlarrick Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here:  www.larricklawfirm.com/connect

Elizabeth welcomes Michael Schwarz, founder of Prairie Nation Creative, to discuss innovative approaches to creating settlement videos for trial lawyers.   Michael, a seasoned filmmaker, shares his journey from film school to starting a company specializing in impactful legal videos. His company introduced the concept of 'Trial Trailers™ ­' - concise and compelling videos designed to summarize case damages and liability, pushing for quicker settlements.   Michael also talks about 'demand impact videos,' a more affordable alternative using online interviews for lower-tier cases. Additionally, they explore the challenges of engaging viewers, the importance of early evidence preservation, and how creative storytelling can significantly impact legal outcomes.   Michael also touches on his passion project, the Abandoned Atlas Foundation, which focuses on documenting and preserving historic abandoned buildings, and provides another snapshot into his production style.   In this episode, you will learn about: The Concept of Trial Trailers Demand Impact Videos as Affordable Alternatives The Art of Video Editing and Storytelling Addressing Lawyer Needs with Custom Videos The Power of Video in Legal Cases Importance of Evidence Preservation Bonus! Michael's Abandoned Atlas Foundation   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.   Supporting Resources: Guest Michael Schwarz of Prairie Nation Creative. Learn more about Michael Schwarz and the work he is doing: https://prairie-creative.com/ Email Michael: michael@prairie-creative.com Watch samples of Michael's work here: https://vimeo.com/prairienation You can also watch this episode on YouTube here: A Fresh Take on Using Video for Case Settlement, with Guest Michael Schwarz [Ep145]   Do you have an upcoming trial and want help writing your opening statement? Book a free call with Elizabeth to see how she can help. Don't want to miss an episode? Join the Trial Lawyer Prep Newsletter for resources, tips and episodes by going here: www.larricklawfirm.com/connect

In this episode, Elizabeth tackles the challenge of capturing and maintaining attention in legal settings, emphasizing the importance of the critical eight-second window to engage audiences like judges, mediators, opposing counsel, and juries. Discover methods to simplify complex legal jargon and prevent cognitive overload, ensuring clarity in your arguments. Elizabeth dives into crafting compelling trial strategies, focusing on the power of visual comparisons and thematic development in opening statements to effectively counter defense narratives. Whether it's contrasting visuals or structuring arguments to reinforce your points, these techniques will elevate your trial preparations. In this episode, you will hear: Mastering attention in legal settings using the critical 8 second rule Simplifying complex legal jargon to avoid cognitive overload Utilizing visual comparisons and thematic development in trial strategies Structuring arguments effectively to counter the defense's narrative Emphasizing the rule of threes for clear and impactful presentations Integrating visuals with verbal communication for enhanced audience engagement Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Do you have an upcoming trial and want help writing your opening statement? Book a free call with Elizabeth to see how she can help. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.  

Elizabeth explores the application of brain science in witness preparation, offering trial lawyers strategies to enhance deposition prep. This episode focuses on leveraging the limbic system and amygdala to reduce stress and improve memory retention, moving away from fear-based tactics. Elizabeth discusses the importance of engaging clients by addressing their concerns and shares methods to counteract the forgetting curve through repetition and structured sessions. Learn how to utilize technology like Zoom for virtual depositions and empower your clients with clarity and confidence. Elevate your practice with these insights for building a strong foundation in witness preparation. Elizabeth highlights the significance of understanding and applying brain science to transform the way trial lawyers approach witness prep. By addressing the emotional and cognitive needs of clients, lawyers can create a more supportive and effective preparation process. The episode emphasizes the benefits of using technology and structured repetition to ensure that clients are well-prepared, confident, and able to retain crucial information. In this episode, you will hear: Transforming witness preparation using brain science techniques Understanding the role of the limbic system and amygdala in reducing stress Avoiding fear-based tactics to enhance client memory retention Importance of repetition to combat the forgetting curve Structured preparation sessions and role-playing scenarios Empowering clients with confidence and clarity through tailored strategies Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Learn more about the Forgetting Curve Need to earn CLE credit and learn more about witness preparation? Check out my in-depth presentation: Witness Prep That Works through ALI CLE. Set up a free call to talk to Elizabeth about her witness prep services: www.calendly.com/elizabethlarrick Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Explore the potential of focus groups to elevate your mediation success with insights from Elizabeth Larrick. This episode is a must-listen for trial lawyers looking to refine their negotiation strategies. Elizabeth shares the strategic advantages of conducting focus groups two to three months before mediation to influence insurance company figures effectively. She distinguishes between focus groups for trial preparation and those tailored specifically for mediation, offering techniques to maintain confidentiality while utilizing focus group findings to drive better settlements. Elizabeth emphasizes the critical importance of early preparation, providing ample time to share insights with the opposing side ahead of mediation. This proactive approach enhances negotiation effectiveness and informs decision-making.  In this episode, you will hear: Strategic use of focus groups to enhance mediation success Importance of conducting focus groups 2-3 months prior to mediation Differentiating focus groups for mediation from those for trial preparation Techniques for maintaining confidentiality while sharing focus group insights Leveraging mediators to communicate focus group findings effectively Early preparation as a key advantage in mediation strategy Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: In case you missed it, here is Episode 139 that talks about using focus groups in discovery. Listen here. Curious about doing a focus group for your upcoming mediation? Schedule a free call to see how Elizabeth can help. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Unlock the tools you need to conduct focus groups and enhance your legal practice. This episode provides guidance for trial lawyers on how to gain juror insights without a psychology degree. We cover the fundamentals of setting clear objectives, planning structured sessions, and conducting test runs to avoid common mistakes. By mastering these skills, you'll be better equipped to connect with juries and clients, make informed case decisions, and overcome personal biases. Elizabeth breaks down the essentials of focus group preparation. She shares tips and resources for those ready to delve deeper into focus group strategies. Whether you're assessing settlement options, evaluating expert testimonies, or seeking juror feedback, this episode is packed with advice to empower your legal practice.  In this episode, you will hear: Setting clear goals for focus group sessions Developing a structured plan to ensure effective listening Overcoming personal biases in focus group settings Avoiding common pitfalls like overloading information and lack of organization Additional resources: How to Do Your Own Virtual Focus Groups Part 2: Planning and Moderating Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Learn more about Joseph Rosenfeld Website for Lawyers & Experts LinkedIn Email: Joseph@Josephrosenfeld.com Don't miss out on in depth webinars join Elizabeth's monthly Trial Lawyer Prep newsletter! Join here. Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

In this episode, Elizabeth Larrick discusses the importance of using Zoom focus groups before discovery in trial preparation. She outlines the benefits of these focus groups, including setting the right direction for a case, avoiding wasted time on irrelevant claims, and utilizing feedback effectively. Through a case study involving a school district, she illustrates how focus groups can help identify critical information and prevent surprises during the discovery process. Takeaways Using Zoom focus groups can set the right direction for a case. Focus groups help avoid wasting time on irrelevant claims. Even minimal information can yield valuable feedback from focus groups. Feedback from focus groups can be reused throughout the case. Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Have questions about Zoom Focus groups? Set up a Free call with Elizabeth here. Depositions Are Trial by Sach Oliver Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.  

Join Ben Gideon as he explores the complex world of risk assessment in trial law. Despite their bold reputations, trial lawyers often lean towards risk-averse strategies, favoring settlements over trials. Ben reflects on his recent trial loss to analyze cognitive biases in decision-making and emphasizes the importance of embracing risk to secure significant verdicts. Drawing parallels between trial law and high-stakes poker, Ben discusses how both fields rely on probabilistic thinking and expected value calculations. He shares strategies for managing risk across multiple cases, similar to a poker player handling various hands, and highlights the differing risk levels faced by lawyers and their clients. In this episode, you will hear: Insights from Ben Gideon on risk assessment in trial law Exploration of trial lawyers' risk-averse tendencies and the impact of cognitive biases Parallels between trial law and poker strategies for managing risk Importance of data-driven approaches and probabilistic thinking in legal decision-making Balancing client emotions and cognitive biases during negotiations and mediations Psychological and emotional factors influencing legal cases and client decision-making Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Guest Ben Gideon of Gideon Asen Email: bgideon@gideonasenlaw.com Website: https://www.gideonasen.com/our-team/benjamin-gideon/ Podcast: https://www.elawvate.fm/ Books referenced in the episode: On Edge: The Are of Risking Everything by Nate Silver  Thinking, Fast and Slow by Daniel Kahneman Join the Trial Lawyer Prep Newsletter for a monthly email with resources, tips and helpful guidance for your next trial:  www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

In this episode, Elizabeth goes into crafting authentic client testimonies to enhance courtroom success. She emphasizes avoiding scripted testimonies that erode credibility and offers strategies to naturally integrate case themes into client testimonies. Elizabeth outlines three key steps: avoid making clients memorize phrases, review their past statements, and conduct prep sessions to help them organize thoughts on damages or liability. This approach ensures that testimonies subtly echo case themes, maintaining authenticity and strengthening trial strategies.  In this episode, you will hear: Crafting authentic and impactful client testimonies for courtroom success Avoiding pitfalls of scripted testimonies to maintain credibility Integrating case themes into all trial stages, from jury selection to opening statements Strategies for making client testimonies resonate with jurors Emphasizing authenticity and emotional connection in witness preparation Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Have a challenging client or up-coming trial that you want to polish client testimony? Book a free call: https://calendly.com/elizabethlarrick Episode 131: What is Trial Strategy and What it is NOT Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.  

In this episode, Elizabeth shares expert insights on transforming your trial preparation with Zoom focus groups. Discover the unique benefits of virtual sessions, including the ability to capture participants' facial reactions up close, which can't be replicated in traditional settings. Elizabeth uses her extensive experience and real-world examples to demonstrate how these online gatherings can deepen your understanding of juror behavior, enhancing your courtroom strategies. Learn about the convenience and flexibility that Zoom focus groups offer, saving time and resources while allowing you to experiment with different formats. Elizabeth compares virtual and in-person focus groups, highlighting the distinct interactions possible through Zoom. Tune in to explore how these insights can strengthen your connections with clients and juries, ultimately boosting your effectiveness in court. Whether you're a seasoned lawyer or new to virtual focus groups, this episode offers valuable strategies for your legal practice. In this episode, you will hear: Advantages of Zoom focus groups over traditional in-person settings Benefits of capturing close-up participant reactions on Zoom Cost-effectiveness and convenience of online focus groups Flexibility and freedom in structuring virtual sessions Use cases for Zoom focus groups in pre-lawsuit and pre-mediation stages Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: You can watch this episode on YouTube here: https://youtu.be/uOGoz3O167o Don't want to miss an episode? Looking for additional resources? Join the Trial Lawyer Prep Newsletter to receive a monthly email packed with information straight to your inbox. Click here to join. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

In this episode of Trial Lawyer Prep, host Elizabeth Larrick presents a structured approach to mastering trial preparation. She emphasizes starting with a comprehensive review of your case file, scrutinizing key documents like depositions and expert reports to identify core issues in liability and damages. This initial step involves crafting two crucial lists to streamline your strategy: one for liability and one for damages, ensuring you are aware of potential pitfalls and ready to advocate effectively in the courtroom. The second step is to evaluate your case through the lens of a juror, focusing on worst-case scenarios and simplifying complex issues into clear yes-or-no decisions. This perspective helps in assessing the risks and understanding what aspects need reinforcement. Finally, Elizabeth discusses strategies for fixing or neutralizing any identified weaknesses, whether by gathering additional evidence, reconsidering claims, or adjusting your trial strategy. By following these steps, trial lawyers can enhance their preparation, connect better with juries, and confidently navigate courtroom challenges. In this episode, you will hear: Importance of a comprehensive case file review Crafting liability and damages lists to identify potential issues Evaluating trial risks through a juror's worst-case scenario lens Techniques for fixing or neutralizing problematic issues Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Need that list of books to get your brain excited about trial prep? Go to Episode 134. Link to watch this episode on YouTube. Link to join Elizabeth's Trial Lawyer Prep Newsletter: www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

On this episode of Trial Lawyer Prep, Elizabeth Larrick shares strategies for trial lawyers to develop a winning legal approach from the start of litigation. Drawing from her experience with renowned trial lawyer Don Keenan, Elizabeth explains the dangers of last-minute strategy planning and the confusion that can arise from disorganized opening statements. She emphasizes the need for a clear and cohesive presentation to effectively communicate with juries. Elizabeth shares practical methods to kickstart your trial preparation, including the use of jury research and focus groups, and highlights the benefits of committing to a single persuasive strategy. Discover actionable steps such as writing down ideas, dedicating focused time for evaluation, and seeking inspiration from trial strategy literature or podcasts. In this episode, you will hear: Importance of early trial strategy development to avoid procrastination pitfalls. Risks of a disorganized "Frankenstein" approach and cramming strategies into opening statements. Value of committing to a single, coherent persuasion method for trial success. Utilization of jury research and focus groups to test and refine trial strategies. Actionable steps for trial preparation: writing ideas down, setting time blocks, and seeking inspiration. Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Jump to Episode 131 to get an overview of trial strategy. Books to Kickstart your Trial Strategy Planning: Trial by Human by Nick Rowley & Steven Halteman Rules of the Road by Rick Friedman & Patrick Malone Polarizing the Case by Rick Friedman From Hostage to Hero by Sari de la Motte Damages 3 by David Ball Trial by Woman by Courtney Rowley & Theresa Bowen Hatch The Keenan Edge Anthology by Don Keenan and various contributors (including me) Winning Case Preparation by Bozart, Cusimano, Lazarus and Wenner Learn more about how Elizabeth helps trial lawyer here. Connect with Elizabeth on LinkedIn. Join the Trial Lawyer Prep Newsletter to get quick tips and ideas for your case preparation and trial persuasion. Go here to join. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.