Trial Lawyer Prep

AI valued this case at $1.6 million. Live focus groups said $3 million. The jury returned $3.4 million. So what is AI actually good for before trial? In today's episode, Elizabeth builds on Episode 173, the team's $3.4 million verdict, and puts three tools side by side: AI digital jury surveys, live Zoom focus groups, and custom jury bots. She shows where each one helped and where each one fell sh...

You've learned about the impacts of attention deficits and cognitive friction on juries, now, how do you structure your presentation so that jurors can follow it? In part two of our series on working memory and case presentation, we focus on making the story easier to remember, reducing confusion, and using visuals that support persuasion instead of competing with it. We look at three practical te...

Why do jurors lose track of a trial presentation even when the evidence is strong? In part one of this two-part series, we look at how attention deficits, mental fatigue, and working memory shape what jurors can absorb. We find practical ways to reduce cognitive friction in openings, direct examinations, and cross-examinations. And we discuss the idea of a juror's limited cognitive budget, how to...

Make your next focus group actually reveal the weaknesses, blind spots, and sticky points in your case, before the defense does! Long, compound questions will kill the conversation. Keep the flow moving with shorter prompts. Silence is one of the most useful tools you have when you want honest reactions instead of rehearsed answers. These are just some of the detailed tips we cover in today's epis...

How does a small law firm evaluate whether to conduct a focus group? The expense, the planning and organization, the time it takes: the stakes feel higher when you have a more nimble organization. Vishal Shah is a plaintiff-side employment lawyer in Boston, MA, who left big law to open his own boutique firm in 2023. He thus knows first-hand the importance of balancing the bottom line and making sm...

Perhaps a short trial can be better? When you had planned for a five day trial, and then the first morning in the courtroom, the judge announces that the case will be completed in three days. Hard stop. No exceptions. Is it a scramble and a panic? Or maybe, could it be a blessing? In this day and age especially, the last thing we want to do is bore our jurors, throw too much information at them an...

Judge rules can make or break your trial, and most lawyers are looking at the wrong document first. If you are headed to trial, this episode shows why the judge's trial rules, schedule, and persona matter more than simply memorizing jury instructions. I talk about how a trial consultation exposed major surprises in a judge's courtroom procedures, including half-day sessions, skipped Fridays, limit...

In our last episode, we learned about Michelle Gessner's recent trial in North Carolina, where she was forced to pivot from a regular audio/video presentation, using modern technology, to a courtroom with no microphones, no TVs, no projectors and a single power outlet (already claimed by the clerk and the court reporter!). Click here to catch Episode 170 and hear the back story for today's episode...

My guest today,  Michelle Gessner, joined the podcast back in December of 2024, where we discussed her $21 million verdict against Wells Fargo. Today she's back with the story of a recent verdict success in North Carolina, which suddenly hit an unexpected twist. The case was planned out to make use of high tech video equipment and software, as you would find in a standard, modern equipped court ro...

What if our assumptions about modern attention spans aren't accurate? We are all used to hearing that people have much, much shorter attention spans these days, thanks to social media, clickbait, algorithms, and a constant barrage of information. While those things certainly represent a major shift in our day to day reality over the past 15+ years, that doesn't necessarily mean that we're paying l...

For an effective discovery, case framing should start as early as possible. But be ready to pivot! Don't let the other side get the jump on you in framing a case, and put you in catch-up mode from the start. You need to start framing a case at intake, especially for higher-value cases. But, as our guest points out today, you also need to be ready and willing to pivot, should new facts arise, or if...

There is a crucial difference between timelines and sequences, and if you want jurors to see your case as plainly as you see it, you need to pay close attention. Today we explore not just how timelines help jurors understand the case quickly, but why that is: the psychology and brain science behind retaining information. Timelines are a curated visual picture of the case, sequencing is about the o...

Five days before trial, a team chose to play defense witness deposition clips, instead of calling the witnesses live. Instinct tells us, training tells us: do it live. Live is better. Live is more persuasive. Live is much more catchy for cross exam. Video puts people to sleep. However, what I walk you through today really boils this down to a primacy question, or in other words, first impressions....

AI has hit the mainstream, and not just in everyday life, but in trial law and legal prep. The days of startups and experimental software have quickly evolved to comprehensive, through and reliable AI-based programs, used by countless law firms and lawyers every day. As a result, it feels like we are racing to keep up. To jump on the bandwagon before it's too late, yet making sure you're using AI...

Running a good focus group is really a lot like conducting a good trial: Fundamentally, it's about understanding people.   And you don't need a psychology degree to do so. If you have an innate understanding for human behavior, relationships, biases and different means of communication, then you already have the instinct to make the most of your focus groups.   Today's episode breaks down three ke...

Heading into deposition prep, your clients are typically nervous, anxious, overwhelmed and lacking confidence.   They are most likely in a situation they have never found themselves in before, and undoubtedly the stakes feel very high.   But we need to get them to focus, to remember, to think and answer clearly, and to let go of their fear and uncertainty.   This episodes focuses on three clear, d...

We're all busy trial lawyers and specialists, typically juggling multiple cases at once.  Time management and organization is crucial, and we can't allow ourselves to get overwhelmed, to risk impacting not just the case but our own health and well-being. It's worth taking the time to make sure your tasks and workflow are efficient, your calendar flows logically, and your habits are positive and he...

We know we live in an attention-deficit age, where attention spans and concentration levels are lower than ever.   It's not just about social media though. These trends carry forward into every day life, including in the court room. We simply can't assume that just because the jurors are there and present, that they will necessarily be paying as close attention as we expect. It's human nature to s...

You're not going to be one of those lawyers that only starts thinking about a focus group 30 days before the trial, right?   To make the most of the power and impact of focus groups, work backwards through this three-phase roadmap that helps you plan and prepare.   You will see, and feel, a remarkable difference in your confidence, arguments and ultimately, your case.   Why three phases?   This st...

The jury selection process is changing and evolving. Are you willing to be bold and confront jury selection challenges head-on?   This was a popular and very actionable conversation that I had with Sharif Gray last year, where we talked about what could be broken with your jury selection.   We looked at assumptions and stereotypes that are often made, and I think it's a question worth returning to...

Are you confident in knowing the difference between trial strategy and trial tactics?   Because ultimately the question is, does your jury understand what you're doing?   Today, we're looking at how to identify a clear strategy as the overarching theme that guides the trial, followed by the tactics to achieve that strategy.   There's a risk of confusing the two, including wasted time and causing c...

"What part of this story just doesn't hit you right?"   How would a potential juror answer that question? We're talking about gut feeling, instinctive reaction: something that's there, and they're trying to put their finger on it.   These are very good avenues to explore in focus groups, and can uncover emotional and cognitive responses that you weren't expecting.   Today's episode features three...

It's your favorite episodes, topics and themes from Trial Lawyer Prep in 2025, as reflected by the data: you know how much we love facts!   I look at what you enjoyed the most, and why, with all the links below if you want to revisit or catch up on these episodes and their valuable information.   I'm excited in 2026 to bring you more content on trial strategy, more inspiring guests, and useful too...

We're going back to the basics this week, asking, "Why do trial lawyers even do focus groups?"   Focus groups are not primarily for determining case value or winning cases. Instead, focus groups provide valuable insights into jury perceptions, case weaknesses, and effective storytelling strategies.   I share some real-life examples of effective use of focus groups, including a doozy of an example...

In this week's episode, we're looking at a powerful and often overlooked tool for persuasion: side-by-side comparisons.   Discover how this method can simplify complex information and sway jury decisions in your favor. I shares practical insights from my virtual focus groups, which offer strategic ways to leverage this tool throughout your case.   Our brains respond intrinsically to visual compari...