The Jury Is Out

Have you ever considered bringing 49 massive jars of Skittles to the courtroom, dumping a 3-foot stack of medical records into the trash or placing something that looks like a bloody severed leg on your courtroom table? Acclaimed St. Louis attorney Debbie Champion joins John, Tim and Erich to discuss how creativity in the courtroom can help and hurt your case. Our true stories of courtroom creativ...

Part Two of our discussion with Tom Stewart focuses on avoiding common pitfalls in opening statements, how to direct on direct examination, and what it means to the jury when you start cold and bold. Want to get Tom’s four trial guides for yourself or for others in your practice? Email Tom at Thomas. Stewart@slu.edu and refresh yourself and your team on the basics of powerful persuasion.

Attorney and St. Louis University Law Professor Tom Stewart recalls hearing judges say many attorneys have forgotten the basics of advocacy. So he developed one-page trial guides for the “apprentice lawyers” in his classes. These popular guides contain common sense tips on objections, effective cross, and direct and opening statements that will benefit even the most experienced attorney. Tune in f...

This podcast was founded upon the idea that the best trial attorneys never stop learning. John Simon, Erich Veith, and St. Louis attorney Tom Stewart teach at St. Louis University School of Law not only to instill proper practices in law students but to keep their own skills sharp. Tune in to hear great stories from the classroom and the courtroom, and you too might be inspired to go back to class...

Think you know your case so well you don’t need to write down your game plan? Think again. Part Two of our discussion on pretrial prep covers tips on preparing an order of proof, organizing evidence for each witness, thoughts on the most impactful way to order your presentations, when to send witness subpoenas, and ideas for preparing clients and experts for testimony. And if you are truly dedicat...

Preparing for trial can be a nerve-wracking experience for a young attorney. Today’s episode offers tried and true tips on when to request a pretrial conference and what matters to discuss, how to organize depos and evidence for quick reference, which hard copies you should and should not bring to the courtroom, how to prepare and use an exhibit checklist and much more.

Your trial team determines you need an expert to explain a vehicle’s structural defects. Do you need a metallurgist, a mechanical engineer, or both? How do you know and where do you find them? Part Two of our conversation on selecting experts includes expert research services, questions to ask when interviewing experts, and how you should examine your own expert before they take the stand.

Don’t assume that an impressive CV from a prestigious university means you’ve found the perfect expert for your case. We think someone with down-to-earth communication skills and real-life experience may be a better choice. Tune in for our discussion of what to look for when hiring an expert witness, strategies to defend your expert’s testimony when your opponent presents multiple experts against...

Getting the documents your client requests is the primary reward of Sunshine Law litigation, but can you also be reimbursed for your time? In our final episode on Sunshine Laws, we discuss settlements, misconceptions about attorney/client privilege, and our personal observations that judges are becoming more eager to rule on these cases to ensure government entities are transparent and act to serv...

You’ve made a timely request for public governmental records but all you get are excuses. Under the law, you have to prove the delay is knowing and purposeful. How do you prove it and whom do you sue? Find out in our in-depth conversation about handling violations of your state’s Sunshine Laws.

Do you know when and why a public governmental meeting can close its doors to you? What recourse do you have to find out what they are discussing out of the public presence? Part Two of our continuing discussion on Sunshine Laws addresses the laws covering attending and recording meetings, redactions to meeting minutes, deleted text messages, and ways to get around roadblocks designed to keep you...

It’s one thing both sides can agree upon...government transparency is a good thing. But getting access to government information isn’t easy. In Part One of our in-depth discussion on Sunshine Laws, Attorneys Mark Pedroli and Joseph Martineau explain the basics of Sunshine Law and Freedom of Information Act requests and why they should be part of your discovery if your case involves a government en...

You know depos and trial testimony will be different experiences, but does your client? Are they expecting something straight out of a legal drama TV series when they take the stand? Today’s encore episode offers tips on helping your client stay calm, cool, and collected on the stand and ways they can project the best version of themselves and their story in the courtroom.

The best way to increase your odds of winning is to turn down cases you will probably lose. What information should signal whether to lean in or walk away? And if you decide to take the case, what’s the first piece of advice you should give to your new client? In this encore episode, John and Erich share valuable experiences on evaluating potential clients and offer tips you can use to assist your...

At a crossroads in your career, or just starting out, and wondering if you should choose plaintiff or defense work? Your level of risk aversion and emotional sensitivity may be key indicators to consider. Hear the pros and cons of both sides as we compare cases, clients, and billable hours with defense attorney Steve Strum.

Did you know nursing homes and nuclear power plants are the two most regulated industries in America? Defense attorney Steve Strum is well versed in this complex practice area, having handled nearly 700 nursing home cases. Learn more about nursing home litigation in our wide-ranging discussion of the most common types of claims and defenses, as well as courtroom strategies.

Attorney Amy Gunn of the Simon Law Firm hosts two legal podcasts and recently had the opportunity to interview Cris Arguedas, one of the finest criminal defense lawyers in the country. Find out why Cris is known as “the lawyer other lawyers would hire if they got arrested” and hear how she successfully represented clients from Hell’s Angels to Barry Bonds and Fed Ex. We think her tips for cross-ex...

Sadly, racially motivated violence is on the rise in America. Simon Law Firm attorney Amy Gunn talked with attorneys Linda Dunikoski and Adam Levine about their trial strategies and their hopes and fears for the American justice system as they litigated two landmark cases. Tune in for a fascinating behind-the-scenes discussion of how these two gifted attorneys helped justice prevail over the fiery...

District Attorney of Manhattan Cyrus Vance Jr. views every case through the lens of two basic principles; does it make us safer and is it fair? We’d like to share Simon Law Firm attorney Amy Gunn’s conversation with DA Vance about integrity, leadership, and the importance of doing what’s right in every aspect of public service. Tune in for a fascinating conversation that includes insights into som...

You win some, you lose some. But if you lose an important motion, how can you convince the judge to reconsider without risking her wrath? And when should you just let it go? Part Two of our discussion on motions also includes suggestions on preparing a short written synopsis of key points in your case for judge and opposing counsel plus tips on typography and persuasive writing. 

Filing dozens of pretrial motions shows the judge you are well-versed in the law and is sure to impress the court, right? Wrong. You earn credibility with the judge by carefully choosing your most important issues, crafting well-written briefs with citations, and reading the room. We’ve got some great courtroom experiences to share that will help solidify your case and your credibility before tria...

What price should we put on a life lost? Whether it’s a father, mother, or child, jurors need guidance, context, and motivation when deciding damages. John Simon and Tim Cronin offer several examples of powerful ways to present damages in wrongful death cases and share Tim Cronin’s moving closing argument in a recent case regarding the tragic death of a five-year-old girl.

Significant physical injuries may be visible to the jury, but emotional harms are not. Are you doing everything you can to help the jury understand and compensate your client’s emotional damages? This episode addresses ways to communicate emotional harm and strategies to diffuse defense challenges to your claims in closing.

When you ask for damages, you expect jurors to put a tangible number on an intangible loss. How can you help them decide upon a full and fair amount? In our continuing series on closing arguments, we offer a framework for presenting damages that provides a compelling rational basis for damages, shows what the law requires, and puts the client’s losses in perspective the jury can understand.

Part Two of John Simon and Tim Cronin’s 49 Tips for Closing Arguments examines a range of issues including whether your close should suggest a range for damages vs asking for a specific number, strategies to make the jury’s job easier, and case framing that helps jurors feel better about taking money from the defendant if they are having a hard time giving it to the plaintiff. Take a tip from the...