The Jury Is Out

Co-hosts John Simon and Tim Cronin move from style and brainstorming into the concrete goals attorneys should have walking into any deposition. As John puts it, if a deposition isn't accomplishing one of these goals, it may be worth asking why you're taking it at all. John and Tim break down the list of tips, from establishing the elements of your case and eliminating claims and defenses, to boxing witnesses into fixed answers, flipping expert opinions before they're given, and establishing safety rules the other side has to agree apply. Along the way, they share detailed trial stories: a trucking case built around the true purpose of a trailer's rear guard, a corporate representative deposition that quietly eliminated every defense in a wheel failure case, and a five-minute deposition that ended a case before it truly began. The episode also digs into the discovery side of depositions most attorneys underuse.

Hosts John Simon and Tim Cronin dig into how to read a witness in the first 15 minutes, when to be deferential versus direct, and why walking in with a rigid game plan can cost you if you're not willing to throw it out in the first of a new multi-part series on deposition strategy. They break down what separates attorneys who simply gather information from those who use every deposition to actively build their case and share real war stories from decades of practice. The episode covers five tips on style and approach and four tips on brainstorming before you even build an outline, laying the groundwork for the deeper series ahead: deposition goals, thorough preparation, in-the-room tactics, and cross-examination strategy. As John and Tim put it, the case goes as the deposition goes and this episode explains why.

John Simon breaks down nine of the top 10 factors most likely to derail a case and how to handle them with Tim Cronin as guest host. Here’s a hint: Experts. They also examine the impact of recent social media–driven verdicts and discuss how a low rideshare verdict could influence similar cases moving forward in a good way.

In Part 2 of this father-daughter conversation, trial attorneys John Simon and Mary Simon continue exploring what truly drives jury decision-making. Through real courtroom stories and side-by-side scenarios, John explains why a defendant's conduct, credibility, and character often matter as much as the injuries themselves. Together, they discuss why jurors don't simply calculate damages—they make human judgments about responsibility, accountability, and whether someone has earned their trust.

This week's episode brings a unique dynamic to the mic as trial attorneys John Simon and Mary Simon—father daughter duo—sit down for an honest conversation about what jurors actually care about. Drawing on more than 41 years and over 100 jury trials, John shares the lessons experience has taught him while Mary asks the questions every trial lawyer eventually wrestles with.