Best Practices with Kenny Berger

In this episode of Best Practices with Kenny Berger, Kenny sits down with Savannah trial lawyer Zach Sprouse to break down the trial strategies that helped turn a $180,000 pretrial offer into a $4.95 million verdict. The conversation follows the case from jury selection through closing argument, exploring the series of decisions that shaped the outcome. Zach shares how he approached difficult fact...

In this episode of Best Practices with Kenny Berger, Kenny sits down with Denver trial attorney Kurt Zaner for a conversation about one of the most overlooked skills in trial practice: persuasive writing. Kurt explains why every brief, motion, and filing is an opportunity to shape the story of the case long before trial begins. From understanding your audience to simplifying complex issues, he sha...

In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Sean Claggett of Claggett & Sykes for a conversation that starts with focus groups and quickly expands into something much bigger. Sean shares how collecting and analyzing juror feedback has shaped the way he prepares cases, develops themes, and approaches trial strategy. But the discussion goes beyond focus...

In this episode of Best Practices with Kenny Berger, Kenny sits down with Matt Nakajima of Rittgers Rittgers & Nakajima for a conversation about using settlement negotiations to create change beyond a single case. Drawing from his experience handling serious injury cases, Matt shares how settlements can become an opportunity to improve safety practices, influence company policies, and help pre...

In this episode of Best Practices with Kenny Berger , Kenny sits down with Maine trial lawyer Meryl Poulin of Gideon Asen to break down a medical malpractice case that resulted in a $25 million verdict. Meryl shares her journey into medical malpractice law and the responsibility that comes with handling these cases. She recounts the story of Jazzy, a 15-year-old girl whose life was cut short after...

Large verdicts rarely come from the injury alone. In this episode of Best Practices with Kenny Berger , Kenny sits down with Indiana trial lawyer Brandon Yosha to break down a case that resulted in a $10 million verdict after a $5,000 offer at mediation. At first glance, this was not a high-value case: Limited medical bills Liability eventually admitted Defense focused on minimizing the injury But...

In this episode of Best Practices, Kenny Berger is joined by Wisconsin trial lawyer Michael Karp to discuss how focus groups are shaping the way he builds and tries cases. Michael shares how he went shifted his practice to a focused trial model built around understanding juror perspective. He breaks down how running focus groups early and often helps identify risk, refine case framing, and ultimat...

In this episode of Best Practices , Kenny Berger is joined by guest host Chris Finney and trial lawyers Mary Simon and Tim Cronin of the Simon Law Firm to break down their recent $27.5 million verdict in a motorcycle collision case. Mary and Tim walk through the case from voir dire to verdict , explaining how they approached jury selection, handled sensitive issues at trial, and told a damages sto...

In this episode of Best Practices with Kenny Berger , Kenny sits down with Scott Frost to break down what it really takes to try a case outside your home state without stepping on the landmines that can cost you credibility or your verdict. From pro hac vice strategy to protecting a win on appeal, Scott shares the systems he uses to prepare, adapt, and safeguard the record when trying cases in unf...

In this episode of Best Practices with Kenny Berger , Kenny sits down with Wisconsin trial lawyer Al Foeckler to break down how big data shaped strategy, decision-making, and ultimately a $15 million verdict in a wrongful death case.  Al walks through the real-time choices his team faced before and during trial, including whether to tell the jury the value of the case in opening, how data informed...

In the Season 6 opener of Best Practices with Kenny Berger , Kenny sits down with Geordan Logan of Claggett & Sykes to explore why the most effective trial lawyers don’t just tell stories, they show them. Drawing on his background as an Air Force instructor, corporate educator, public defender, and plaintiff trial lawyer, Geordan explains how adults learn, remember, and make decisions in the c...

How do great trial lawyers build cases that resonate with jurors from the very first conversation? In this season-closing episode of Best Practices with Kenny Berger , Kenny sits down with California trial lawyer Dan Schaar to break down the full arc of trial preparation, starting at intake and carrying all the way through opening, closing, and rebuttal. Dan shares the systems and strategies he us...

What does the next era of plaintiff law look like and how can trial lawyers position themselves to thrive in it? In this episode of Best Practices with Kenny Berger, Kenny sits down with attorney, entrepreneur, and community-builder Bob Simon to talk about the forces reshaping plaintiff practice today. From AI intake and automated case review to national referral networks, mentorship communities,...

Every trial is a bet, but how do you know when the risk is worth taking? In this episode of Best Practices with Kenny Berger, trial lawyer Taylor Asen joins Kenny to talk about what it really means to “think in bets.” From using data and probability to assess case value, to hedging strategies like high-lows and partial settlements, Taylor breaks down how trial lawyers can balance risk, reward, and...

Becoming an effective trial lawyer isn’t about natural talent - it’s about preparation, practice, and the mindset to keep improving. In this episode, truck crash attorney Tim Whiting joins host Kenny Berger to discuss what it really takes to become trial-ready: from the lessons learned after a tough loss to the daily habits that sharpen skill and quiet self-doubt. They cover: Turning loss into lif...

In a Best Practices first, Kenny Berger is joined by two guests from different firms—trial lawyers Chris Finney (Finney Injury Law) and Joe Fried (Fried Goldberg). Together they dig into a simple idea: juries connect to what’s universally human - family, health, freedom, independence - and how to build your whole case around it. You’ll hear about: How to use even limited voir dire to surface share...

This week, former Army JAG and prosecutor Sharif Gray of RVA Trial Lawyers joins Kenny Berger to show why the most persuasive directs are facilitated stories, not scripted performances and how that mindset sharpens your redirect, too. You’ll hear about: A simple setup for direct How to use one-page outlines and open-ended prompts that keep jurors engaged Smart witness sequencing (credibility first...

In this episode of Best Practices with Kenny Berger , trial lawyer Brian Snyder of Snyder Wenner in Arizona joins Kenny to explore how a well-crafted opening statement can shape the jury’s understanding—and the outcome—of your case. Brian shares his approach to structuring an opening that frames the entire case, the importance of simplicity and credibility from the outset, and how to plant key ide...

Trial tech doesn’t have to be outsourced—or complicated. In this episode of Best Practices with Kenny Berger , trial attorney Jakob Norman shares how mastering your tech enhances your credibility, boosts flexibility, and supports visual storytelling that sticks with the jury. From choosing the right tools to creating compelling visuals, Jakob breaks down practical strategies to help you take contr...

In this episode of Best Practices with Kenny Berger , medical malpractice trial lawyer Karen Zahka shares how true collaboration with expert witnesses can make or break your case. From choosing the right expert to preparing them with case-specific materials, literature, and strategy, Karen explains why empowering experts—rather than micromanaging them—leads to stronger, more credible testimony. Sh...

Rebuttal is one of the most high-pressure moments in trial - and also one of the most powerful. In this episode, trial lawyer Brian Ward joins host Kenny Berger to break down how to deliver a clear, strategic, and emotionally resonant rebuttal. From knowing when to hold back in closing to anticipating defense arguments and reframing them with precision, Brian shares practical insights on how to st...

In this episode of Best Practices with Kenny Berger , trial lawyer Joseph Wilson joins Kenny to share how he approaches one of the most powerful moments in trial: the closing argument. Joseph breaks down how voice, tone, and timing can amplify a closing—and why non-economic damages deserve the deepest preparation. From working with clients to understand what was truly taken from them, to helping j...

In this episode, attorney Kenny Berger sits down with trial lawyer Stephen Williamson to unpack the preparation and strategy behind a $117 million verdict. Stephen shares how relentless pre-trial work—focus groups, recorded mock cross-examinations, psychodrama sessions, and sophisticated economic modeling—positioned the plaintiff for success long before trial even began. If you're serious abo...

In this episode of Best Practices with Kenny Berger , trial lawyer Stuart Ratzan shares how smart case selection can shape not only your docket—but your impact. Stuart dives into what makes a case truly worth taking, from identifying systemic issues to using focus groups as a tool for evaluating jury resonance and refining trial strategy.  You’ll learn how to: Spot cases that highlight systemic fa...

In the Season 5 premiere of Best Practices with Kenny Berger , attorney Nick Rowley joins Kenny Berger to share the strategy and storytelling behind his $37 million verdict in a high-stakes trial. Nick dives into how cross-examination can be used to advance your case —not just tear down a witness. He discusses how to adjust your tone, pace, and pressure depending on jury feedback, and why sometime...