Keith Mitnik

Mitnik's Brushstrokes

Business EN ↓ 29 episodes

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his new podcast, Keith Mitnik’s Brushstrokes.

Author

Keith Mitnik

Category

Business

Podcast website

www.keithmitnik.com

Latest episode

Jul 10, 2026

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Episodes

How to REALLY Value What's Lost 10.07.2026

Finding Out Feelings About Human Damages. "The focus isn't on how much they're 'going to get', but on the fair value in assessing what was lost in the way of health and enjoyment and quality of life." Keith discusses insights for eliminating bias during jury selection. With specific questions and tips for approaching different attitudes in various locales, you'll want to tune in. Have a case your...

Why are Pain & Suffering Damages So Susceptible to Bias? 02.07.2026

"It's not as simple as a dispute over facts; it's a dispute over conclusions from facts. It's the space in between the facts and the conclusion where that bias can have an unintentional but nonetheless meaningful impact". - How to remove bias from the valuation process - How to remove resistance to acknowledging this bias  - How to lay this bias out for the judge to increase your chances of having...

Why It Doesn't End With Pain 18.06.2026

Perpetual pain is a two-time taker, taking from both the body and the mind. Physically, pain takes away the freedom of living life without making mini-choices regarding daily activities, knowing there will be a price to pay either way. Mentally, it takes the joy of good times and makes bad times worse. Listen to legendary trial attorney Keith Mitnik discuss: Defining 'suffering' and the mental fal...

How To Tell The REAL Story of Pain 11.06.2026

While pain is common, that doesn't make it insignificant. For injury attorneys, explaining the impact of pain in the courtroom and the court of public opinion is crucial. In the next installment of The Art of Outsmarting, legendary trial attorney Keith Mitnik dives into the playbook he's developed for explaining the impact of pain in a manner that a jury can appreciate. From describing pain as a '...

Teaching Clients About Not Going Too Far 29.08.2024

In this episode, Keith explores teaching your client about not sharing more than they need to.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can email me:  KMitnik@forthepeople.com   I personally read every reply.   I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedIn   Get my latest blogs and case breakdo...

Life Care Plans: Make Sure They Are Assets Not Liabilities 14.08.2024

In this episode, Keith delves into properly identifying assets for your case.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can email me:  KMitnik@forthepeople.com   I personally read every reply.   I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedIn    

Consider Calling Your Client First 25.07.2024

In this episode, renowned trial attorney Keith Mitnik shares the advantage of considering calling your client first.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can email me:  KMitnik@forthepeople.com   I personally read every reply.   I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedIn   For more visit...

Why Negligence Is More Than An Accident 23.05.2024

In this episode, renowned trial attorney Keith Mitnik shares his approach to defining negligence and the civil law system for juries. Keith discusses how to address the common defense that, "accidents happen" and how to reframe perceptions of personal injury awards.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can emai...

Explaining the Importance of Civil Justice 29.02.2024

In this episode, Keith discusses how to tackle public misconceptions of personal injury cases.   We break down: How to avoid a negative bias during jury selection and how to impart the value of their role to jury members.   Keith explores the importance of the civil justice system, the limits of the criminal justice system, and gets to the root of why personal injury law is such crucial work.   Su...

Persuading Through Listening 07.02.2024

Keith discusses a three-part framework for persuading through active listening.    When encountering opposing views in the courtroom and in life, Keith explores how understanding different sides of an argument can build strong cases and lead to peaceful resolutions.   Learn how temporarily removing notions of 'right' and 'wrong', stepping into opposing counsel's shoes, and building arguments that...

Stand Your Ground 10.11.2023

Keith discusses a framework for problem-solving that extends beyond the courtroom. Keith explores how to stand your ground when a seeming obstacle can in fact strengthen a client's claim. For example, when it comes to injuries, many assume that preexisting health conditions are a deterrent for trial. Learn how reexamination of baseline, reserves, and coping abilities can shift perspective and how...

Resurrecting Recognizable Phrases 12.10.2023

Keith explores the psychology behind using familiar sayings to make pivotal points in ways that stick.   He bases his theory on the idea that people embrace old adages because they have roots in their childhood, and bring a level of comfort to the conversation, making the speaker seem naturally trustworthy.   Trust is vital in the courtroom, and can easily make or break a case.   The conversation...

Creating the Language of Your Case 28.09.2023

Keith teaches his secret formula to harness the power of words to communicate, convince, and persuade. Keith believes that we are all wordsmiths, and the better we become at our craft, the more successful we will be in the courtroom and in life. Hear Keith explain different types of words, and how connotations can subconsciously hurt or help your case.   If you have a case that you think me or my...

How To Turn The Defense Attack On Your Client Back On Them 10.01.2023

When the defense uses statements from your client about improvements in their condition to suggest her or she isn't really hurt, remind the jury those words are badges of honesty, they are not the words of an exaggerator.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can email me:  KMitnik@forthepeople.com  I personally...

Rising Tide 20.07.2022

How to explain to potential jurors that it is easier said than done to hold the burden of proof down to "more likely than not" when that person believes the burden should be higher.   I'm now on LinkedIn, let's connect:  https://bit.ly/KeithOnLinkedIn   For more visit:  https://keithmitnik.com

The Key Difference Between Conflicting Facts & Conflicting Conclusions 30.03.2022

How to  stop the defense from seating biased jurors by explaining that bias does not cause people to ignore evidence, rather it impacts conclusions from the evidence.   I'm now on LinkedIn, let's connect:  https://bit.ly/KeithOnLinkedIn For more visit:  https://keithmitnik.com    

Putting a Stop to Cherry Picking 01.03.2022

How to punish the defense if they take snippets of medical records out of context.   I'm now on LinkedIn, let's connect:  https://bit.ly/KeithOnLinkedIn For more visit:  https://keithmitnik.com

S4 Ep12 - Opening & Closing 31.05.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

S4 Ep11 - Heading Off Unfair Rehabilitation Practices 24.05.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

S4 Ep10 - A New Voir Dire Framework / Disputes Over Conclusions, Not Facts 17.05.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

S4 Ep9 - Recognizing and Valuing What Was Taken 10.05.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

S4 Ep8 - Rising Tides 03.05.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

S4 Ep7 - It's the Little Things 26.04.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

S4 Ep6 - Slip & Fall in Stores 19.04.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

S4 Ep5 - Trip & Fall, Open and Obvious 12.04.2021

Learn the art of outsmarting from the defense's worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his "trial nuggets" — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik's Brushstrokes. For more visit : http://keithmitnik.com

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