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Picking Justice

Author: Harry Plotkin & Dan Kramer

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Attention Trial Lawyers: You’ve meticulously crafted your opening statement, mastered your directs and crosses, and fine-tuned your closing argument. But have you developed a strategy for jury selection? What will you do when a potential juror gives an unexpected answer? Do you even want that person on your jury? The clock is ticking — you need to think fast.

Introducing Picking Justice, the essential podcast for trial lawyers. Join nationally renowned jury consultant Harry Plotkin and leading trial lawyer Dan Kramer as they guide you through the complex art of jury selection.

Harry and Dan share invaluable insights and real-world strategies, breaking down the myths and misconceptions that often hold lawyers back in the courtroom.

Whether you’re a seasoned litigator or preparing for your first big case, Picking Justice offers expert guidance to help you make smarter choices during jury selection.

Subscribe today and elevate your trial skills with Picking Justice.
19 Episodes
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In Colorado, Kurt Zaner typically has 15 to 30 minutes for voir dire, so he makes every minute count. In this conversation with hosts Harry Plotkin and Dan Kramer, he explains how. “Even though you’ve got 15 minutes, the big points for me: I want to build a little rapport. I want them to trust me. I want them to feel empowered,” he says. From memorizing juror names to building credibility before discussing damages, Kurt describes strategies that he’s leveraged to secure victories like his $16 million premises liability verdict in Colorado, the state’s largest. Learn More and Connect☑️ Kurt Zaner | LinkedIn☑️ Zaner Law | LinkedIn | Facebook | Instagram | YouTube | TikTok☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Baldwin Settlements and Verdict Videos.
As a public defender, Craig Peters focused his voir dire on getting jurors to assure him they’d follow the law. Turns out that jurors can promise they’ll follow the law; it doesn’t mean they will. Now one of California's leading plaintiffs' trial attorneys with multiple eight-figure verdicts, Craig joins hosts Harry Plotkin and Dan Kramer to share what he’s learned about jury selection from practicing on both sides. He advocates, for example, for the opportunity to voir dire the entire jury panel rather than the traditional six-pack. “You're one of the only attorneys who I think I've talked to who actually is pushing this, to judges, to do the whole panel,” Dan observes. Tune in for Craig’s insights about why this strategy benefits jurors as well as lawyers, how to embrace bad facts in mini-openings, and why addressing juror biases head-on creates powerful courtroom themes.Learn More and Connect☑️ Craig Peters | LinkedIn☑️ Altair Law | LinkedIn | Facebook | X☑️ Harry Plotkin | LinkedIn | Facebook | Instagram ☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Tisa Film and Baldwin Settlements.
"Has anyone here suffered profound grief?" Randi McGinn began asking jurors that question, particularly in wrongful death cases, after she suffered a personal loss. “It made me realize that people who've experienced that would be wonderful jurors,” she tells hosts Harry Plotkin and Dan Kramer. As she explains, savvy plaintiffs’ lawyers should identify jurors who have experienced grief and who can share their experience with other jurors. The first female president of the Inner Circle of Advocates, founding partner of McGinn Montoya Love Curry & Sievers, and author of “Changing Laws Saving Lives,” Randi reveals this and other jury selection strategies that have helped her secure nine-figure verdicts.Learn More and Connect☑️ Randi McGinn | LinkedIn☑️ McGinn Montoya Love Curry & Sievers | LinkedIn | Facebook | X☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Tisa Film and
Twenty minutes to voir dire 35 jurors? “Hey, what’s your favorite ice cream? OK; I ran out of time.” That’s how host and jury consultant Harry Plotkin describes the challenging scenario – one of his favorite things to teach because “it can be done.” Host Dan Kramer, who soon goes to trial with Harry under these very rules, guides this discussion about how it can be done. Harry explains how he prioritizes individual questions over group questions to ensure that every juror is heard rather than focusing solely on cause challenges. He also outlines the top two or three questions he’d ask, depending on the type of case, and tips for spotting an “angry juror.” Learn More and Connect☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Tisa Film and Baldwin Settlements.
Is this you before voir dire: “You're nervous, you've got a million things on your mind, you've lost 14 motions you wanted to win, and now you've got to question these people to find out who's going to kill you.” That’s the scenario that many lawyers find themselves in, suggests influential trial consultant David Ball, whose groundbreaking books like "David Ball on Damages 3" revolutionized plaintiff advocacy. In this conversation with hosts Harry Plotkin and Dan Kramer, David shares his strategies for putting aside fear and instead embracing “the privilege that you should enjoy having.” Tune in for his insights about why lawyers should practice before jury selection, how connecting with jurors on a human level puts you “ahead of the game,” and what the all-purpose follow-up question – "tell me about that" – reveals about jurors.Learn More and Connect☑️ David Ball | LinkedIn☑️ Malekpour & Ball☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Tisa Film and Baldwin Settlements.
From Ibiere Seck's approach to making jurors feel valued, to Steve Vartazarian's mantra to “choose topics wisely,” to Gary Dordick's strategy for timing bias discussions, this episode of “Picking Justice” compiles the best moments from the podcast’s first 12 episodes. In addition to their wisdom, tune in for insights from Lourdes DeArmas, Ricardo Echeverria, Joe Fried, Arash Homampour, Khail Parris, Claire Plotkin, Bob Simon and the hosts themselves: Harry Plotkin and Dan Kramer. And come back for future episodes with conversations that could change your next verdict.Learn More and Connect☑️ Ibiere Seck | LinkedIn | Instagram | X | Facebook☑️ Ricardo Echeverria I LinkedIn☑️ Steve Vartazarian | LinkedIn☑️ Gary Dordick | LinkedIn | Instagram☑️ Claire Plotkin | LinkedIn | X☑️ Arash Homampour | a...
"The most important cause challenge is your first cause challenge," says Khail Parris, who holds the record in Van Nuys with 53 cause challenges in a single trial. Fresh off a $58 million slip-and-fall verdict and a $7.1 million win against LAUSD, Khail joins hosts Harry Plotkin and Dan Kramer to reveal his systematic approach to jury selection. He breaks down his "warts mini-opening" strategy, explains why he fights for questionnaires in every case, and shares his unconventional method for anchoring damages when judges won't let him mention specific numbers. Learn More and Connect☑️ Khail Parris | LinkedIn☑️ Parris Law Firm | LinkedIn | Facebook | Instagram | TikTok☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Motion Lit, 4 Corners and Baldwin Settlementsspan...
In a post-COVID world, jurors respond to different questions – and smart lawyers will adapt to account for the change. Lourdes DeArmas, lead trial attorney at  Omega Law Group, shares this observation with hosts Harry Plotkin and Dan Kramer. “They want to see a lot more.They don't want generalizations,” she explains. Tune in for Lourdes’ strategies for handling "normal-looking" plaintiffs, addressing juror concerns that non-economic damages are a “payday,” and leveraging individual rather than group questions to get jurors talking.Learn More and Connect☑️ Lourdes DeArmas | LinkedIn☑️ Omega Law Group | LinkedIn | Facebook | Instagram | X☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Motion Lit, 4 Corners and a...
"Don't run from your bad facts but embrace them," says Bob Simon, whose book “Trying Disc Injury Cases: Defeating the Degeneration Defense” reveals how he’s embraced cases where clients were injured in light rear-end crashes. “The book is how to diffuse all those bombs, from intake through discovery through trial, and how to reframe the case,” he explains to hosts Harry Plotkin and Dan Kramer. Tune in for Bob’s insights about why addressing negative facts head-on during jury selection creates credibility with conservative jurors and how anchoring your damages number early pays off. Learn More and Connect☑️ Bob Simon | LinkedIn | X | Facebook | Instagram | YouTube | Website 2☑️ The Simon Law Group | LinkedIn | X | Facebook | Instagram | YouTube☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubespan...
"Trial law is a game of psychology at some level," says Joe Fried, renowned as the "Godfather of Trucking Cases" who's litigated in 43 states. Regardless of the venue, he focuses on universally shared values in jury selection. “The magic of doing what we do is to build a case around the things that make us the same, not the things that make us different. That’s what jury selection is,” he explains to hosts Harry Plotkin and Dan Kramer. One shared value: Keeping your oath. “When that juror says, ‘I'm going to follow my oath even if I have to hold my nose.’ Are you throwing that guy off or not? I'm not.”Learn More and Connect☑️ Joe Fried | LinkedIn☑️ Fried Goldberg | LinkedIn | Facebook | YouTube | Instagram | X☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Motion Lit, 4 Cornersspan...
“What are your thoughts?” jury consultant Harry Plotkin is fond of asking potential jurors. He likes that question because it’s not “yes or no.” But it’s just the beginning. Tune in for Harry to explain the “hard part.” And learn a technique from Dan Kramer that helps jurors express where they fall on a spectrum rather than forcing binary choices. The hosts also describe why saying "uphill battle" works better than asking if someone is "biased" and offer practical approaches for identifying jurors who might undervalue claims from elderly plaintiffs, immigrants, or those with preexisting conditions. Learn More and Connect☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Baldwin Settlements and Verdict Videos.
"I do not reject good cases," says Arash Homampour, responding to a joke from hosts Harry Plotkin and Dan Kramer that he seeks only the toughest liability situations. Known for winning eight-figure verdicts in cases other attorneys might avoid, Arash breaks down his authentic approach to jury selection. He explains why he addresses bad facts head-on, avoids over-selling his case during voir dire, and believes in creating an environment where jurors feel comfortable sharing their honest opinions. "You want people to spew the poison now, not later," Arash advises, reminding attorneys that identifying biased jurors early is crucial to successful outcomes.Learn More and Connect☑️ Arash Homampour | LinkedIn☑️ The Homampour Law Firm | LinkedIn | Facebook |  Instagram☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Baldwin Settlements and Verdict Videos.
In jury selection, many attorneys focus solely on getting cause challenges. But jury consultant Claire Plotkin brings a fresh perspective on framing "bias" to the conversation with hosts Harry Plotkin and Dan Kramer. She explains that telling jurors they're "biased" can backfire – especially in cases where potential jurors' strong feelings might actually benefit plaintiffs. "In today's society, jurors are so ready to be inflamed that they're actually better for plaintiffs," Claire notes. Tune in to learn why sympathy isn't bias, how to protect your good jurors from defense challenges, and why Claire believes voir dire is about learning, not just eliminating jurors through cause challenges.Learn More and Connect☑️ Claire Plotkin | LinkedIn | X☑️ Justice One Trial at a Time☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by Baldwin Settlements and Verdict Videos.
Gary Dordick wanted to know why the sole juror voted against him, so he asked her after trial. Turns out, he reminded her of her ex-husband, so she didn’t believe a word he said.“Okay, but, Ma’am, why didn't you tell me that when we were picking the jury?” Gary wondered.  “Oh,” she responded, “you never asked.”Gary tells this cautionary tale to hosts Harry Plotkin and Dan Kramer in an episode devoted to jury selection tips and lessons gained through his winning career. The founder of Dordick Law Corporation, Gary shares stories from the courtroom, such as his early tendency to entertain prospective jurors at the expense of learning about them. Tune in for his insights about using questionnaires and leveraging nuanced questions to reveal bias.Learn More and Connect☑️ Gary Dordick | LinkedIn | Instagram☑️ Dordick Law Corporation | LinkedIn | Instagram | TikTok | X | YouTube |☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored
To keep jury selection simple, Steve Vartazarian turns to simple tools: paper and pen. In this visit with hosts Harry Plotkin and Dan Kramer, he explains why.“It occurred to me, ‘Oh, my God!’ I was, like, one day: ‘Jury selection is the only time where we're only relegated to words, and we can't show the jury anything,’” says the founder of The Vartazarian Law Firm. “Why is that?’ I'm like, ‘Let me try to break that mold.’”Tune in to watch Steve demonstrate his simple methods for revealing potential bias and asking about non-economic damages. “You’re never lost,” he vows. “You have a roadmap.” He also shows his list of dumb things the plaintiff’s lawyer should not do in jury selection.Learn More and Connect☑️ Steve Vartazarian | LinkedIn☑️ The Vartazarian Law Firm | LinkedIn | Facebook☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by KW Court Reporting, a...
“Folks, I know you're here because you have to be, and we appreciate that. And I want to tell you right up front that you don't owe me anything…”So begins Ricardo Echeverria’s typical introduction to prospective jurors. In this conversation with “Picking Justice” hosts Harry Plotkin and Dan Kramer, Ricardo guides plaintiffs’ lawyers on jury selection from start to verdict. Tune in for this winning trial lawyer’s insights on identifying bias, establishing credibility, and getting rid of the “really bad haters.” And for young lawyers who are listening, Ricardo explains why the art of picking juries is exactly that: “It’s art because, shit, there's 60 people in the room, and there's a lot going on, and you're trying to keep track of the names and all that. But at the end of the day, I always tell younger lawyers especially, there's a reason we call this ‘practicing’ law. You're never perfect at it.”Learn More and Connect☑️ Ricardo Echeverria☑️ Shernoff Bidart Echeverria LLP I LinkedIn I Facebook I X☑️ Harry Plotkin | LinkedIn☑️ Dan Kramer | LinkedIn☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by KW Court Reporting, Tory Owens Structured Settlements, and Verdict Videos.
The injured plaintiff can’t have children. One potential juror says, “No big deal. Adopt.” Another says, “That’s not what I signed up for when I got married.” If she were trying the case, Ibiere Seck would approach jury selection with curiosity and a non-judgmental conversation like this: “Okay, where do you fall? Let's talk about that...” “That's it. It's that simple,” Ibiere explains to hosts Harry Plotkin and Dan Kramer. The founder of Seck Law, Ibiere tries cases with other firms. When it comes to jury selection, she acknowledges that she leans more on art than science. Tune in for more on her strategies – including how she applies the Hawaiian practice of Ho’oponopono to her craft.Learn More and Connect☑️ Ibiere Seck | LinkedIn | Instagram | X | Facebook ☑️ Seck Law | LinkedIn | Instagram | Facebook | X ☑️ Harry Plotkin | LinkedIn | Facebook | Instagram☑️ Dan Kramer | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by a...
In the first episode of "Picking Justice,” jury consultant Harry Plotkin and trial lawyer Dan Kramer invite lawyers on a journey to heightened jury selection skills. Using real-life lessons learned, they discuss the importance of considering different types of jurors and crafting questions that will yield better answers. They also set the stage for future episodes, where guests including Arash Homampour, Gary Dordick, David deRubertis, and Natalie Weatherford will share unique strategies for jury selection “that may blow your mind and change your approach,” Harry says.Their mission is to help lawyers be ready for any scenario. “We've all fumbled on our words,” Dan says. “We've all asked bad questions, and it's just about how you deal with it and how you recover and to get you to pick your best jury possible.”Learn More and Connect☑️ Harry Plotkin | LinkedIn | Instagram☑️ Dan Kramer  | LinkedIn ☑️ Kramer Trial Lawyers on LinkedIn | Facebook | YouTube | Instagram☑️ Subscribe: Apple Podcasts | Spotify | YouTubeProduced and Powered by LawPodsEpisode sponsored by KW Court Reporting, Tory Owens Structured Settlements, and Verdict Videos
Ready to take your verdicts and jury selection to the next level? Jury consultant Harry Plotkin and trial lawyer Dan Kramer are your ticket to tipping the scales before trial begins.You’re not just picking a jury; you’re picking justice.Have a jury selection story to share? Email us at Podcast@PickingJustice.com, and we may address it in a future episode.Produced and powered by LawPods
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