The Jury Is Out

If it’s a cause worth fighting for, Charla Aldous is ready to fight.  Her authentic, no-nonsense strategy for case framing continues to convince juries, even in cases no one expects her firm to win. Tune in to hear the creative narratives from some of her biggest cases, and why taking a case she knows she won’t win has provided some of the most satisfying results in her prestigious career.

Was it just a bad day in court, or do you really want to get out of law for good? How do you know if you just need balance or if you’re totally burned out? John and Erich talk with professional consultants at Missouri Lawyers’ Assistance Program (MOLAP) about evaluating your options, redirecting your career, and giving yourself permission to re-invent your life. The podcast is free, and so are the...

You’ve got one shot to ask for damages that must last your client for the rest of their life. Is your strategy strong enough to get multi-million-dollar awards for your client? Boost your confidence in the courtroom.

How do you put a price on a catastrophic injury or a wrongful death? Deciding damages is one of the most difficult tasks for the jury.  Here is how to provide jurors with the information they need to award the fair and just compensation your client deserves by following John Simon’s winning strategy.

You invested years of your life and plenty of cash in this career, but you just don’t love the law anymore. What the heck do you do now? John and Erich introduce you to two attorneys who left their successful practices to pursue new careers and never looked back.  Could you do it too? This podcast could be the nudge you need to change your life.

When your doctor turns you into an opioid addict, you turn to a lawyer. Koon v Walden was one of the first cases in America to sue a physician for overprescribing opioids to a patient.  Personal injury attorney Tim Cronin fought for the plaintiff and shares the inside story behind this landmark case and the current landscape of opioid litigation.

Where the %^&* is that document?! Wrangling papers and trying to recall strategic insights are top time wasters, but they don’t have to be. John Simon offers his wisdom on labeling and categorizing documents and ideas, task management, depo memos and keeping the value of the case in mind. John’s simplest time-saving tip may be the most important…don’t take a bad case.

A waste of time is the most extravagant of expenses. Are you utilizing all your resources efficiently to focus, delegate and eliminate distractions?  In this timely skill-reset session, John Simon and Erich Vieth reinforce the need to prioritize time management and offer insights to help you boost creativity and productivity.

Searching for information in a corporate case can be like looking for a needle in a haystack. Corporate rep deposition rules should be your spotlight. John Simon and Erich Vieth highlight the unique powers of corporate rep depo rules and explain how to get around the most common depo roadblocks opposing counsel may put in your path.

John Simon believes the corporate representative deposition rules are some of the most powerful tools in your toolbox. Are you leveraging them to your best advantage? Join John and Erich Vieth as they discuss how to use the rules to find the right person to depose, track down the facts in a corporate information maze and focus on the follow up.

Are you stuck in a cross-examination rut? John and Erich reconsider old-school techniques with attorney and author Patrick Malone based on insights from Patrick’s new book, The Fearless Cross-Examiner. Learn thought-provoking new techniques to discredit dishonest witnesses, counter common issues and reduce tensions in the courtroom, and attack your next cross-examination with sharper skills and a...

Ready to take your cross-examination skills to the next level? Attorney and author Patrick Malone challenges tired and restrictive cross-examination practices and offers fresh insights on how, when, and where to research witnesses, traps to catch the cherry-pickers and Patrick’s “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, The Fearless Cross-Examiner,...

Settlement negotiations are not always successful. But you will always learn something about the case or the opposition that may prove helpful later. What to share during settlement, and what to withhold, can impact the outcome.  John and Erich share settlement strategies in Part Two of our focus on settlements.  John and Erich will take a short break to prepare episodes for season two.  Send topi...

Are you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? John and Erich share solid tips on when to start settlement talks, how to negotiate from a position of strength and when to walk away.

Rebuilt wrecks. Odometer rollbacks. Car financing fraud. How can these small claims add up to significant judgements? Missouri consumer fraud expert Bernard Brown shares his extensive experience in the auto fraud field and offers car buying tips every consumer should know to protect themselves from unscrupulous auto dealers and finance firms.   Bernard Brown studied as an undergraduate at St. John...

Considering a consumer fraud case such as odometer rollback or mortgage fraud? Missouri consumer fraud expert Bernard Brown offers key insights to Missouri’s Merchandising Practice Act and tips on resources and rulings that can help improve your consumer fraud case.   Bernard Brown studied as an undergraduate at St. John’s College in Annapolis, Maryland (a “Great Books” school), before obtaining h...

COVID has changed the way every attorney works. Trial and appellate attorney, arbitrator and professor Ron Norwood joins John and Erich for a positive discussion on how firms of all sizes have adapted and often improved their practices under pandemic restrictions.  Tune in and share some virtual camaraderie as we continue to record from home offices.   Ronald A. Norwood, a native of Chicago, and 1...

Focus groups are powerful legal tools, but they should be used strategically. John and Erich discuss how and when to do a focus group, suggest ways to use the data for trial and negotiation, and point out pitfalls to avoid. 

Why guess how a jury might respond to your case when you can actually test your position before trial? John and Erich examine the value and structure of online and in-person focus groups and illustrate how focus group insights can strengthen your case from voir dire to damages.

What are the courtroom standards for voir dire in Missouri law? John and Erich discuss current interpretations of the legal statues based on their experience in the courtroom.

So you’ve identified a potential juror you don’t want deciding your case. How can you effectively remove them? John and Erich share thoughts on how to expose bias and get jurors off for cause.

What is the scope of voir dire? Are there topics you can’t bring up, even though they may be critical to your case? John and Erich discuss what you should and should not explore in voir dire.

So many potential jurors, so little time! Knowing the right questions to ask to during voir dire, and what to listen for in the answers, can improve your odds of seating a jury that will fairly evaluate your case.

Selecting impartial jurors to decide your case is critical. But how can you tell who in the pool is impartial? John and Erich share voir dire tactics to help you uncover hidden bias or prejudice that could derail your case in deliberation.

Medical Malpractice Attorney Amy Gunn hates the term “work-life balance.” But her tips on setting workable priorities for career, family and personal goals can help any busy attorney find more “balance” as they pursue a busy, goal-oriented life.