Courtroom Stories & Tactics

A $30,000 offer from Geico. A $400,000 jury verdict. All coming after a client who gave what Jesse Baez calls the, "worst deposition ever!" Trial lawyer Jesse Baez tells the story of the case that became not only a tremendous learning experience, but the genesis of his very firm. From their backs against the wall to a remarkably successful conclusion, there are inspiring lessons througho...

We’ve talked about it before on the podcast (and it will surely come up again): you have to look after your health and wellbeing if you want to succeed long term as a trial lawyer.  We all know how easy it is to work the long hours, put in that extra push to midnight after the kids are in bed, neglect sleep and exercise, and let our work become all-consuming. And that’s not including the temptatio...

Trial lawyer Michael Karp talks about how focus groups reshaped his case preparation and trial strategy. Michael and Sharif Gray examine a difficult slip-and-fall case that resulted in a $12 million award, and why Mike now uses focus groups to evaluate cases, sharpen arguments, and prepare for trial. The conversation explores how to uncover a case’s weaknesses, use skeptical jurors to stress-test...

What if you were confident that a $350K settlement could become a $9 million verdict, because you could predict that number before the trial? Connecticut trial lawyer Andrew Garza reveals how big data turned a difficult premises liability case into the largest verdict ever seen in that courthouse - and why most plaintiff lawyers are still leaving money on the table. Andrew breaks down what “big da...

There are times when contributory negligence laws can become a gift to the plaintiff. You need to recognize the signs and, of course, have a strong case, but if the facts are there, the defense's own arguments can help shape your win. Ben Rand 's firm recently took on a trip & fall case in Virginia that, on the surface, had strong facts, yet was a certainty to run headlong into Virgi...

Isn't it remarkable how there are certain types of cases that necessitate entire practice areas in law? Inevitably, these are cases that involve some mixture of abuse, neglect, exploitation, or all of the above. And sadly, nursing home abuse is one of these areas. When Kristen Lojewski happened into this field in 2021, she recognized that as much as she had been personally impacted by such a...

David Holt had put in the years of hard, emotional work pursuing justice and accountability as a state prosecutor in Hampton, Virginia, litigating hundreds of jury trials. He was involved in multiple complex murder and gang-related cases, putting criminals in jail in cases that could take years. And so when the offer came to join a personal injury law firm, it represented a major shift from not ju...

A reluctant witness, a freezing 3 a.m. wake-up, and one parking-lot conversation that saved a client $9.5 million: this episode shows why the right investigator can change the entire outcome of a case. Sally Tierney is a professional investigator, working with law firms to uncover facts, evidence, answers and the stories behind the case. It's thrilling and fascinating work, all the more so wh...

It's harder to overcome making a bad first impression to a jury than it is to argue against an inaccurate police report. Why are first impressions and opening statements so important?  Because once people make up their mind, you're no longer just asking them to look a different way.  You're now asking them to look at their former self and say, "Hey, you actually got it wrong.&q...

The moment you realize that you don't love where you are, you're already one foot out the door to a better life. Matthew Mikula had just gotten married, and was straight back to work at Big Law. Immediately the warning signs were there: "Is this where you want to be indefinitely? Once you start having a family? Maybe for the rest of your life?"  Because risk becomes more challe...

You don't have to fit the norm of what people expect a law student to be. Portia Koptish had a long career in nursing before deciding, after the turmoil of Covid-19, to transition to a completely new career in law. She went back to school for the first time in 25 years, but with decades of life experience behind her. She is here today to share this unique perspective on law education and the...

Amy Bradley will be the first to tell you that good storytelling is an art . Now a Principal at Blankenship & Keith in Fairfax, Virginia, Amy's education and career in fact started in journalism. Following leads, doing the interviews, compiling research and then editing it all together to tell a compelling story for the nightly news. And as more and more of her stories featured legal case...

Starting a better health journey now is more important than waiting for the perfect time. Our recent series of episodes have focused on themes of health, wellness, work-life balance, confronting stress, and building an intentional career as a lawyer where your work doesn't consume your life. But how do you know where to start? Where do you begin measuring and understanding what steps to take?...

Has your firm discussed the importance of wellness initiatives and mental health? It's a subject that is slowly becoming less taboo, but there is a lot of work that remains to be done. Especially in the legal profession. We still operate in an environment where it's common to have a bar in your office, to keep mental health challenges under wraps, to work as much as humanly possible, and...

Why are states so bad at lethal injection? There are the moral arguments and debates on capital punishment itself, its effectiveness in deterrence and the ethics of state-sanctioned executions. But interwoven into those debates are the methods of capital punishment, particularly lethal injection. What has long been presented as a clean, non-violent process has in fact proven to be the opposite. Pr...

You can't rank for what doesn't exist. The world of online marketing can seem overwhelming, complicated and exploitive: as lawyers, we know that we're targets for agencies and consultants who see our profession and think $$$. Nevertheless, digital marketing is an area you can't ignore. Fortunately, it's also one where you can hit the ground running and quickly start punchi...

Today's episode is part of our effort to put a broader perspective on the work and life of trial lawyers: it's not just about the case, the training and the preparation. It's also about your health, your stamina, work/life balance and your mental strength. Sam Johnston is a fitness coach and former college hockey player, who has become an expert in understanding nutrition, fitness a...

If working in Civil Law, and representing victims of crime, is something you do, or aspire to do, it is crucially important to recognize why this work is so important, yet also so specialized. This is delicate work, and understanding the psychology of trauma will determine how you interact with, and represent, your client. Renée Williams is the CEO of the National Center for Victims of Crime, the...

In just one year, Damon Hudson launched his personal injury firm in New Mexico and grew from 20 cases to over 70, a testament not just to results, but to his connection with his clients. There was one case however that stood out, a trip-and-fall case, where the client in question believed so deeply in her case, she had filed a pro se claim herself at state court. The case then got moved to federal...

How would you approach arguing a personal injury case where there is very little visible damage, there are pre-existing conditions for the client, and a lot of difficulties in gathering evidence?  In fact, would you take such a case in the first place? Our firm Gray Broughton was approached with this challenging car crash case, and despite the long odds, we knew there was an opportunity to get a s...

The defense asks you a seemingly innocuous question, and it's tempting to assume that whatever their angle is, it's probably nothing.  Elliott Buckner learned the hard way that even the most mundane motion can cause major headaches to your case, especially in the hands of a crafty defense lawyer.  If it's not setting off alarm bells, look again. Ask for a second opinion. Ask your fr...

Clients getting hurt for the first time in a significant way often don't know where to go, not just for legal advice but for medical advice.  Not only does it impact their health and their recovery, but it impacts the strength of their case. Without the right medical treatment, without the right supporting doctors and experts, insurance companies just don't take the claims as seriously....

How do you set the value for a case? Are you holding your case back from getting what it's really worth? And who makes that determination? Robert Hirschhorn's advice: "Don't put caps on yourself. You want to choose the biggest number that you could ever imagine a jury would award [in a case such as yours], and whatever that number is, multiply it times two." But to be succ...

Over two and a half years ago, our firm was approached by a father in Winchester, VA, with a case that had been rejected by at least three other law firms.  We knew it would be a very challenging case, with very limited evidence. It was not a "typical" case with clear-cut medical or economic damages. Others would ask us over time why we said yes to taking it on, despite the odds and obst...

You are the most powerful person you know. Whether you're a trial lawyer, working in corporate America, or in any walk of life, nothing can change this simple fact. You have the ability to make the choices and decisions that are healthy and positive, for you and those around you. And yes, these are real choices. They may be challenging, they may shake things up, but there's a reason why...