The Jury Is Out

The Simon Law Firm has earned over $1 billion in verdicts and settlements since the firm’s founding in 2000, so these attorneys obviously know how to close. John Simon and Tim Cronin offer 49 tried and true tips for strengthening your closing argument, such as how to handle life care plans and ways to make your issues more personal for jurors. Part One covers the first 25 tips which will help youn...

Are you using your close to restate the obvious or educate on the unknown? Jurors may already know how they are going to rule in your case, but they probably don’t know how to apply the law, assign damages, or wade through 40 pages of instructions. You can help. Today’s episode discusses three keys to a winning close: arm the jurors to argue on your behalf, explain the law, and engage their intere...

Are you creating self-defeating typography by using underlines, caps, and fonts that make your argument less inviting to your reader? Author and attorney Matthew Butterick shares key points from his book Typography for Lawyers on how to make your next brief or email easier to read, which helps your reader stay focused longer and reduces annoyance. Matthew believes that small positive mental shift...

If you’re looking for wise words from a respected mentor, this episode is for you. Through 33 years of trial experience and years as a mediator, George Fitzsimmons has distilled his cases to their essence and established basic tenets on how to treat experts, colleagues, and clients in ways that build credibility for you and your client. George also reminds us that the most important thing you brin...

George Fitzsimmons has tried more than 250 jury cases on both sides and handled more than 500 mediations. His experience spans decades and his wisdom has schooled dozens of prominent attorneys, including John Simon. Tune in for classic courtroom stories, tips on why you should consider taking bad cases, and what remains the same in the courtroom from one of the Midwest’s most respected attorneys.

In Part Two of our unfiltered discussion with legendary plaintiff attorney Tom Keefe, you’ll learn Tom’s strategy to “housebreak” a witness and how to handle a highly-coached expert. You’ll also hear Tom’s most embarrassing moment in trial when a common statement of surprise actually occurred in the courtroom.

Are you blindly following the “rules” of building a case without examining whether or not they are the best strategy for your client or your practice? Renowned plaintiff attorney Tom Keefe shares his “my rules, my way” tips on how to build a case without experts, the benefits of virtual vs video depositions, how visuals can help and hurt you, and other savvy bits of wisdom learned from decades of...

Considering a civil rights practice? Be prepared for clients that are not always truthful and juries that are probably against you before you say your first word. But you can also make huge positive changes in our society. Civil rights attorney Bevis Schock shares his strategy on how to evaluate potential clients, ways to be creative in the law, and tips on getting started in this challenging and...

Solo practitioners need to be nimble at technology, marketing, and much more. Attorney Bevis Schock shares his tips for solo practitioners on how to get new clients, ways to keep more productive records, software recommendations, and the pros and cons of recording conversations. Even if you’re part of a big law firm, tune in for some expert advice.

As the trial unfolds, the issue of agency expands into an examination of First Amendment rights. How did Tim and John prepare for this line of attack? We conclude this fascinating in-depth case study with an overview of critical trial testimony, descriptions of the emotional evidence that made the case, and the substantial ruling for two young clients.

You did your homework and discovered the opposing counsel’s expert contradicted himself in previous depositions. Once you get your excitement in check, you need to make a strategic decision; Do you drop the bombshell in the depo, or wait for a mic drop in court? Today’s discussion examines the pros and cons of both decisions and offers a gentle reminder to remember to do the same research on your...

In a complex case involving a multi-tiered church entity and severe injuries to young children from a faith demonstration that went horribly wrong, The Simon Law Firm focused its case on the issue of agency. In Part One of this 3-part series, learn the background of the case and how John and Tim formulated their precedent-setting arguments. If you ever face an agency claim in your practice, tune i...

Have you ever been forced to wear a tuxedo to court? Have a client kidnapped and tortured on a roof in China? Or watch your co-counsel perform life-saving treatment on a juror? Crazy things happen when you’ve been a plaintiff attorney for decades. Tune in for these true stories and more as John, Erich and Tim share some of their more memorable courtroom adventures.

Ever wonder why the facts and conclusions of your case seem so obvious to you, but the jury rules the other way? Perhaps you made them think too hard. In today’s podcast, attorney and author John Blumberg shares constructive tips on how you can make your next case story more believable. Learn how we process and retrieve new information, the powerful difference between analogy and metaphor, how to...

Brad Winters started writing down insights, tips, and life tricks when he was a young man and continued making “notes to self” for decades. Now, as a respected attorney and mediator with decades of experience, Brad’s 48 Secret Rules of Lawyering might show you a new way to work smarter, be nicer, and make fewer mistakes. Tune in and follow Brad’s Rule 47; “Learn. Learn. Learn.”

As a mediator for more than 600 civil cases, Brad Winters is an expert on the skill and science of mediation. Surprisingly, his goal is not to settle the case but to elicit the plaintiff and defendant’s best proposals to find out if the parties can settle. Brad’s insights on the effectiveness of opening statements in mediation, how to set a positive tone and the value of trust can help you be more...

There’s no substitute for experience, and today’s podcast with John, Erich, and renowned attorney and mediator Brad Winters brings 120 years of experience and insights to the table. Tune in to learn more about the value of mentoring and personal interaction in the days of virtual lawyering, and how you can become a more authentic lawyer. 

Honesty and authenticity. Competence and trust. Cognitive science provides a research-based road map on how to project these positive points of connection toward judge and jury. Part Two of our conversation with Dan includes reasons to use simple language for cognitive ease, how to link numbers with emotion to enhance memory and five key steps in the process of persuasion. Dan’s research-packed bo...

Do you structure your case strategy based on the idea that our brains are designed for truth? You might be very wrong. In his book, Lawyers, Judges and Semi-Rational Beasts, Dan Holloway shares insights from cognitive science that can help attorneys craft stories and supporting analyses that are more likely to convince jurors. Dan also shares a valuable tip about a common behavior that should send...

Settlement negotiations are not always successful. But a disappointing negotiation can yield important information about your case, and your opponent, that you can use at trial. What to share during settlement, and what to withhold, are important considerations that can impact the final outcome. Tune in to learn some effective settlement negotiation strategies in Part Two of our series on settleme...

Are you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? And should you work up a case differently if you plan to settle instead of going to trial? In Part One of our two-part series on settlements, John and Erich discuss when to start settlement talks, how to negotiate from a position of strength, and when to walk away.

Wish you had a way to predict how the jury will respond to your argument? Consider conducting a focus group. Tim Cronin discusses the benefits and limitations of online and in-person focus groups, how to prepare your narrative, ways to test various strategy scenarios, and personal courtroom success stories where focus group results changed the case. 

Your opening statement gets the jury interested in your client’s story. Many attorneys overpromise in their opening and risk losing the jury’s trust. John and Erich discuss effective strategies to make your opening statement a short, sincere conversation that defines your theme and convinces the jury that correcting this important issue is the right thing to do.

A potential client believes their company or institution is defrauding the federal government. What should you know before you take the case? Business litigation attorney Tony Simon offers strategic insight into whistleblower cases including the extent of the relayer’s personal knowledge of fraud, considerations for filing the case, how the government’s involvement will impact the litigation, and...

Our final episode on Tips for Deposition covers issues that may arise during the depo such as evasive witnesses, speaking objections, and preserving the record. We also discuss strategies for forming more effective questions, boxing in the witness, and reinforcing statements that support your case. Keeping these tips in mind will help you find the facts you need to paint a clear picture for the ju...