Trial Lawyer Prep

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...

Today, we're talking about the advantages of using virtual focus groups to enhance jury selection, especially in jurisdictions with limited voir dire.   I share a real-life success story where a lawyer used virtual focus groups and a detailed jury research chart to navigate a challenging trial with confidence.   We then look at the nuts and bolts of how to conduct virtual focus groups, create insi...

In our last episode, we heard from Tim Bechtold, whose perseverance ultimately led to a verdict in Montana of over $27 million for his client.   Today, we're joined by Tim's partner in the case, John Heenan, for his perspective on the process and the role he played in achieving the result, particularly as someone who joined late in the day to help push it over the finish line.   We talk about how...

Tim Bechtold spent years fighting a a civil rights case involving a prisoner from the Montana State Prison System.   In today's conversation, we look at the intricacies of the case, detailing the client's wrongful conviction, subsequent assault in a private prison, and the challenges faced due to procedural delays and missed deadlines.   However, the perseverance of Tim and his team ultimately cul...

Our episode this week demonstrates why even small focus groups can go a long way towards saving your case.   Running focus groups in discovery can accomplish a lot in even just 50 minutes, giving you data and analysis that you simply wouldn't have otherwise.   I outline three specific types of focus groups that can save cases: neutral narratives, timelines, and deposition preparation. Each type se...

Are you willing to be bold and confront jury selection challenges head-on?   Sharif Gray is here to share his perspective on jury selection, turning the tables on some of the assumptions and stereotypes that we often associate with the process and suggesting that instead, we take potential concerns and weaknesses and turn them to our advantage.   In so doing, you will demonstrate credibility, auth...

We turn to focus groups for different perspectives, different viewpoints and unexpected interpretations. But sometimes, these insights can really catch us off guard, even when we think we already know the case. My good friend Sheila Wilkinson and I continue our conversation from Episode 147, and talk about why teaching lawyers to see their cases through fresh eyes changes everything. Sheila has he...

Why are focus groups so transformative to the legal field?   Today I invited my friend and fellow lawyer Shelia Wilkinson for a "podcast takeover" - Sheila becomes the interviewer, and asks me about my background and what brought me to doing this unique work of running focus groups for lawyers.   We look at the methods and motivations I use, the value of focus groups in legal practice, how groups...

Explore the importance of building confidence in clients for depositions in this episode of Trial Lawyer Prep, hosted by Elizabeth Larrick.   Learn the difference between confident witnesses and ego-driven witnesses, and discover practical strategies for instilling confidence in clients ahead of their depositions.   Elizabeth emphasizes using clients' words, co-creating preparation materials with...

Elizabeth welcomes Michael Schwarz, founder of Prairie Nation Creative, to discuss innovative approaches to creating settlement videos for trial lawyers.   Michael, a seasoned filmmaker, shares his journey from film school to starting a company specializing in impactful legal videos. His company introduced the concept of 'Trial Trailers™ ­' - concise and compelling videos designed to summarize cas...