The Jury Is Out

Part Two includes practical considerations and ideological drivers. Why are you doing this in the first place? What is the mission of your new firm? Who are your working partners outside your office? And how important is it to exit gracefully when you do decide to leave your current position? Tune in as John and Erich offer more great advice to help you start your new firm with a better chance of...

The thought of starting your own firm appeals to many attorneys at some point in their careers. But there are several things you should consider before you quit your current firm or try to hang up your shingle straight out of law school. As the founder of a large firm and a solo practitioner, John and Erich discuss the pros and cons from two different perspectives and offer insights about software...

In an encore presentation of one of our most popular episodes (EP109), John Simon presents twelve specific tips for creating a highly persuasive opening statement. Take a listen and learn what all the other attorneys who downloaded this podcast already know about making their case stronger from the start. You’ll be glad you did when you step in front of your next jury.

Did opposing counsel push you around in your last depo? Are you at the office until midnight 4 nights a week? Have you joined 17 organizations with the hopes of expanding your network but it’s stressing you out instead? In part two of our discussion, you’ll learn how to avoid these common young-attorney pitfalls with real-life advice from John Simon and three of the newest attorneys at the firm. T...

Ever feel like your law degree gave you the keys to a shiny new sports car, but you don’t know how to drive? John Simon and three young attorneys from his firm offer reassuring hands-on-the-wheel advice about trying their first cases, taking criticism and learning to trust your instincts. Consider this episode a driving lesson from a trusted mentor who will help you navigate the stress and insecur...

Marketing isn’t just billboards and blogs. Your most effective marketing tool is your own genuine interest in the people you interact with every day. John and Erich discuss simple ways to turn clients, contacts, and opposing counsel into marketing ambassadors for you and your firm. So, take a few minutes to re-think your preconceptions about how expensive and time-consuming marketing might be. The...

Identifying the “I can’t get over it” issues in your case is the first step to successful case framing. But making your frame clear to the jury is key. When do you introduce your case frame? How often do you repeat it? And what is the defense going to do about it? In this second episode on case framing, legendary trial lawyer Mark Mandell drills down on how to select your most important issues, an...

Betrayal. Do your job. The value of a handshake. Case frames like these help summarize the “I can’t get over it” issues of your argument in simple terms the jury can understand. But how do you know which frame fits? And what are the dangers of incorrect framing? Acclaimed author and attorney Mark Mandell joins Eric Vieth and Johnny Simon for an eye-opening discussion of his innovative method from...

Patents. Copyrights. Trademarks, wordmarks, and trade secrets. What’s the difference and why should you or your business care? Business litigation expert Tony Simon of The Simon Law Firm discusses the right way to protect your intellectual property and gives a few tips on avoiding copyright infringements to anyone who hires another firm to create their website, uses images off the internet, or mod...

How we think influences how we persuade and how we respond to what we see and hear. Learn the science behind effective metaphors, the power of familiarity heuristics and the importance of emotion in decision-making and discover how cognitive science can help you craft more effective arguments in the courtroom.

You throw down the gloves in the courtroom. But when the trial is over, should you still maintain an adversarial relationship with opposing counsel? Defense attorney Tim Gearin sits down with Erich Vieth and Plaintiff Attorney Tim Cronin of the Simon Law Firm to discuss why keeping cordial relationships across the aisle is not only the polite thing to do but can actually help your client, your cas...

As corporations become more powerful and pervasive, individuals are finding it harder to protect their products and intellectual properties. Tony Simon shares anti-trust insights from his 30 years of business litigation experience with The Simon Law Firm and discusses tactics, pitfalls, and some of the more secretive practices of major corporations that impact us all.

Shortcuts never work out. Make a list of 20 ways you can lose your case. And It's okay to trust opposing counsel until you catch them lying, then never trust them again. These are just a few of Alvin Wolff’s tried and true rules from real life courtroom experiences. Tune in for Rules 21 through 40 and we guarantee you’ll find at least one idea that will significantly improve your practice.

With over four decades in the courtroom, St. Louis plaintiff Attorney Alvin Wolff has seen it all, and he took notes. Like “A client who has been through several lawyers is probably a client you wish you didn’t have.” And “If you act like you know what you are doing, the Court will probably let you get away with it.”  This entertaining segment featuring Alvin’s first 20 tips is filled with real-li...

“What matters most to us is effecting change.” That’s the philosophy of trial attorney Charla Aldous and her firm Aldous \ Walker. Ranked as one of the top attorneys in America for over two decades, Charla Aldous is a trailblazer who also founded Athea Trial Attorneys, an innovative all-female virtual law firm. Join the spirited and inspiring conversation with guest host Amy Gunn of the Simon Law...

As attorneys, it’s our job to persuade. Effective arguments are built upon logic, emotion, and trust, and you won’t win the jury without all three. But how do you build trust? Where should logic end and emotion begin? And how does case selection fit in? Join John and Erich for an insightful intellectual discussion about how your passion is the driving force behind every persuasive argument.

We spend a lot of time focused on how we practice law, but when do we take the time to wonder why? In his new book, The Way of the Trial Lawyer-Beyond Technique, best-selling author Rick Friedman examines the journey to find justice, the balance between intellect and heart, and how recognizing moral truth makes all the difference. Take the time to realign your internal compass with this essential...

Inspiration drives positive action, and the best attorneys are driven to succeed. Perseverance and determination is reflected in how we handle everyday challenges, make first impressions, and create new connections. John and Erich discuss how they rely upon inspiration in the courtroom and in everyday life and share their favorite words to live by. Turns out the biggest truths are pretty simple.

Wisdom from parents, coaches and co-workers may have built your ethical foundation, but where do you turn now to keep motivated? John and Erich point out the inspirational insights that are all around us, from strangers in the courtroom to our familiar yet sometimes forgotten oath. Reconnect with a refreshing and insightful discussion that will get you grounded again.

The Honorable Lisa VanAmburg is a founding member of the Women Lawyers Association and a retired judge, having served at both the trial court and appellate court levels.  A legal pioneer in Missouri, she discusses the challenges and opportunities for women trial attorneys handling civil rights cases beginning in the mid-1970s. She also offers tips for trial attorneys: what judges like and don't li...

Do you measure your success with dollars and wins? Guest host Amy Gunn, who has worked with John at The Simon Law Firm for over two decades, talks with John about how the power of a positive upbringing, the wisdom of hard work and the joy of a generous heart helped him become one of the top attorneys in America and a very happy and successful family man and friend.

Some of the toughest battles are not in court. Substance abuse, depression and anxiety impact many attorneys. Take a few minutes for positive self-care with our guests Anne Chambers and Roger Whittler of the Missouri Lawyers Assistance Program (MOLAP). And if you want to talk, call MOLAP anytime at 1-800-688-7859 for free and confidential support services available to any Missouri attorney.

Have you ever won a $6.7 billion dollar settlement? Missouri plaintiff attorney Tom Strong did when he represented the State of Missouri in the landmark case against the tobacco industry. The ruling also provided equitable relief mandates that still save lives today. Tom discusses some of the pitfalls in the case and reveals his down-home way to earn the jury’s trust in part two of our conversatio...

Tom Strong is a legendary Missouri lawyer who began his career in 1957 and pioneered innovative courtroom techniques like accident reconstruction. He is recognized as one of the most successful, ethical and influential attorneys in America. He’s also well known as an engaging storyteller and he shares some of his favorites from his recent book, Strong Advocate, which he wrote at age 80.  Tune in a...

We all hate to lose. But nobody wins every time. How you handle losing a case determines your real victory or loss, because the verdict isn’t the only thing on the line. If you avoid tough cases just because you might not win, you are doing a disservice to your client and yourself. Join John and Erich in this candid discussion on how to handle loss with less pain and more gain.