Trial Lawyer Prep
What if you could hang out with trial lawyers and jury consultants, ask them about connecting with clients and juries more effectively; then take strategies, tactics, and insights to increase your success? That’s what we do each week on Trial Lawyer Prep. Hosted by Elizabeth Larrick - experienced trial lawyer, trial consultant, and founder of Larrick Law Firm PC in Austin, TX – every episode is an in-depth look at how to regain touch with the everyday world, understand the emotional burden of your clients and juries, and use focus groups in this process. The goal is to help you conn...
Wed, April 23, 2025
Guest Ben Gideon on Helping Trial Lawyers Assess Risk Better [Ep138]
Join Ben Gideon as he explores the complex world of risk assessment in trial law. Despite their bold reputations, trial lawyers often lean towards risk-averse strategies, favoring settlements over trials. Ben reflects on his recent trial loss to analyze cognitive biases in decision-making and emphasizes the importance of embracing risk to secure significant verdicts. Drawing parallels between trial law and high-stakes poker, Ben discusses how both fields rely on probabilistic thinking and expected value calculations. He shares strategies for managing risk across multiple cases, similar to a poker player handling various hands, and highlights the differing risk levels faced by lawyers and their clients. In this episode, you will hear: Insights from Ben Gideon on risk assessment in trial law Exploration of trial lawyers' risk-averse tendencies and the impact of cognitive biases Parallels between trial law and poker strategies for managing risk Importance of data-driven approaches and probabilistic thinking in legal decision-making Balancing client emotions and cognitive biases during negotiations and mediations Psychological and emotional factors influencing legal cases and client decision-making Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Guest Ben Gideon of Gideon Asen Email: bgideon@gideonasenlaw.com Website: https://www.gideonasen.com/our-team/benjamin-gideon/ Podcast: https://www.elawvate.fm/ Books referenced in the episode: <a href= "https://www.amazon.com/Edge-Art-Risking-Everything/dp/1594204128/ref=sr_1_1?crid=3BDL0390UFDFM&dib=eyJ2IjoiMSJ9.D74HhXaG0JehpZqYscq3Y8UQVVHABbQZcyR67ao4c2Ed33wFZUI40sZV0_ZNSEBU77v3AiZvK8CIPIKNsiMYzE7n-XxxQdA2yxXRTyAhA7lB_ofR_jBSfC5PfbLbfuQdq9RXhRJqW38jjJLiPVo_5_-8tn-zOvdQEARBfUmnxxfhTH1KOcayjrDSALpolFIaQ7RG-e9g7mxEoXWT2aEEOwO9AK-W-xoyu6TI9872yRg.aJA2RdkK5D_qud85RnWYiSwYxL0XzrIYQIbk5qcNijY&dib_tag=se&keywords=on+the+edge&qid=1744751229&s=books&sprefi
Wed, April 09, 2025
How to Work in Your Trial Strategy with Your Client’s Testimony [Ep137]
In this episode, Elizabeth goes into crafting authentic client testimonies to enhance courtroom success. She emphasizes avoiding scripted testimonies that erode credibility and offers strategies to naturally integrate case themes into client testimonies. Elizabeth outlines three key steps: avoid making clients memorize phrases, review their past statements, and conduct prep sessions to help them organize thoughts on damages or liability. This approach ensures that testimonies subtly echo case themes, maintaining authenticity and strengthening trial strategies. In this episode, you will hear: Crafting authentic and impactful client testimonies for courtroom success Avoiding pitfalls of scripted testimonies to maintain credibility Integrating case themes into all trial stages, from jury selection to opening statements Strategies for making client testimonies resonate with jurors Emphasizing authenticity and emotional connection in witness preparation Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Have a challenging client or up-coming trial that you want to polish client testimony? Book a free call: https://calendly.com/elizabethlarrick Episode 131: What is Trial Strategy and What it is NOT Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, March 26, 2025
Why Zoom Focus Groups Should Be Your First Thought Compared to In Person [Ep136]
In this episode, Elizabeth shares expert insights on transforming your trial preparation with Zoom focus groups. Discover the unique benefits of virtual sessions, including the ability to capture participants' facial reactions up close, which can't be replicated in traditional settings. Elizabeth uses her extensive experience and real-world examples to demonstrate how these online gatherings can deepen your understanding of juror behavior, enhancing your courtroom strategies. Learn about the convenience and flexibility that Zoom focus groups offer, saving time and resources while allowing you to experiment with different formats. Elizabeth compares virtual and in-person focus groups, highlighting the distinct interactions possible through Zoom. Tune in to explore how these insights can strengthen your connections with clients and juries, ultimately boosting your effectiveness in court. Whether you're a seasoned lawyer or new to virtual focus groups, this episode offers valuable strategies for your legal practice. In this episode, you will hear: Advantages of Zoom focus groups over traditional in-person settings Benefits of capturing close-up participant reactions on Zoom Cost-effectiveness and convenience of online focus groups Flexibility and freedom in structuring virtual sessions Use cases for Zoom focus groups in pre-lawsuit and pre-mediation stages Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: You can watch this episode on YouTube here: https://youtu.be/uOGoz3O167o Don’t want to miss an episode? Looking for additional resources? Join the Trial Lawyer Prep Newsletter to receive a monthly email packed with information straight to your inbox. Click here to join. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.
Wed, March 12, 2025
Trial Preparation: Zooming out to see the Jury’s Perspective [Ep135]
In this episode of Trial Lawyer Prep, host Elizabeth Larrick presents a structured approach to mastering trial preparation. She emphasizes starting with a comprehensive review of your case file, scrutinizing key documents like depositions and expert reports to identify core issues in liability and damages. This initial step involves crafting two crucial lists to streamline your strategy: one for liability and one for damages, ensuring you are aware of potential pitfalls and ready to advocate effectively in the courtroom. The second step is to evaluate your case through the lens of a juror, focusing on worst-case scenarios and simplifying complex issues into clear yes-or-no decisions. This perspective helps in assessing the risks and understanding what aspects need reinforcement. Finally, Elizabeth discusses strategies for fixing or neutralizing any identified weaknesses, whether by gathering additional evidence, reconsidering claims, or adjusting your trial strategy. By following these steps, trial lawyers can enhance their preparation, connect better with juries, and confidently navigate courtroom challenges. In this episode, you will hear: Importance of a comprehensive case file review Crafting liability and damages lists to identify potential issues Evaluating trial risks through a juror's worst-case scenario lens Techniques for fixing or neutralizing problematic issues Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Need that list of books to get your brain excited about trial prep? Go to Episode 134 . Link to watch this episode on YouTube . Link to join Elizabeth’s Trial Lawyer Prep Newsletter: www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find
Wed, February 26, 2025
Your Trial Strategy Shouldn’t Be an Afterthought: Make the Jury’s Job Easy [Ep134]
On this episode of Trial Lawyer Prep, Elizabeth Larrick shares strategies for trial lawyers to develop a winning legal approach from the start of litigation. Drawing from her experience with renowned trial lawyer Don Keenan, Elizabeth explains the dangers of last-minute strategy planning and the confusion that can arise from disorganized opening statements. She emphasizes the need for a clear and cohesive presentation to effectively communicate with juries. Elizabeth shares practical methods to kickstart your trial preparation, including the use of jury research and focus groups, and highlights the benefits of committing to a single persuasive strategy. Discover actionable steps such as writing down ideas, dedicating focused time for evaluation, and seeking inspiration from trial strategy literature or podcasts. In this episode, you will hear: Importance of early trial strategy development to avoid procrastination pitfalls. Risks of a disorganized "Frankenstein" approach and cramming strategies into opening statements. Value of committing to a single, coherent persuasion method for trial success. Utilization of jury research and focus groups to test and refine trial strategies. Actionable steps for trial preparation: writing ideas down, setting time blocks, and seeking inspiration. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Jump to Episode 131 to get an overview of trial strategy. Books to Kickstart your Trial Strategy Planning: Trial by Human by Nick Rowley & Steven Halteman Rules of the Road by Rick Friedman & Patrick Malone Polarizing the Case by Rick Friedman From Hostage to Hero by Sari de la Motte <a href= "https://www.trialguides.com/products/david-ball-on
Wed, February 12, 2025
Time Management for Trial Lawyers with Special Guest Dina Cataldo [Ep 133]
Explore practical time management and mindset strategies tailored for trial lawyers with expert insights from lawyer coach Dina Cataldo. In this episode, Dina shares her journey from criminal prosecutor to coach, offering actionable advice to manage stress, prioritize tasks, and overcome negative thoughts. Discover how small habit changes can lead to significant improvements in your legal practice and personal life. Elizabeth and Dina address the unique challenges female attorneys face, balancing demanding careers with personal responsibilities, and provide strategies to enhance daily productivity and instill confidence. Learn how structured planning and healthy routines can conserve energy and reduce stress, essential skills for the fast-paced world of trial law. Dina reveals methods like "Sunday planning" and setting time limits for tasks to streamline workflow and improve efficiency. Understand the importance of addressing internal resistance and fostering a healthy relationship with time for professional growth. In this episode, you will hear: Time management strategies tailored for trial lawyers. Importance of mindset in enhancing courtroom performance and managing stress. Techniques for optimizing energy levels and reducing daily frustrations. Structured planning methods, including "Sunday planning" and setting time limits for tasks. Addressing internal resistance and developing a healthy relationship with time. Emphasis on self-care and prioritizing personal goals alongside professional duties. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Learn more about Dina Cataldo: www.dinacataldo.com Get Dina’s Free Workbook: 3 Sneaky Problems Stealing Your Time and Productivity (and How to Fix Them Now!) Schedule a Strategy Call Follow Dina’s Podcast Be a Better Lawyer Learn more about how Elizabeth helps trial lawyer <
Wed, January 29, 2025
It's Not Too Late for Courtroom Persuasion: 3 Simple Ideas to Implement Now [Ep132]
Even with the mounting pressures of trial preparation, Elizabeth offers three straightforward strategies any lawyer can implement: strategic timelines that tap into natural chronological thinking, active notepad writing to command attention, and the persuasive rule of threes. Whether you prefer simple sketches or polished presentations, Elizabeth offers guidance on easy techniques that pave the way for a successful trial strategy. In this episode, you will hear: Strategies for mastering courtroom persuasion for trial lawyers Utilizing timelines to organize narratives and simplify complex information Techniques for enhancing jury engagement through storytelling Practical tips on using giant notepads for courtroom attention and memory retention The power of the "rule of threes" in simplifying and organizing presentations Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Learn more about how Elizabeth helps trial lawyer here . Connect with Elizabeth on LinkedIn . Join the Trial Lawyer Prep Newsletter to get quick tips and ideas for your case preparation and trial persuasion. Go here to join . <p class="MsoN
Wed, January 15, 2025
What is Trial Strategy and What it is NOT for Trial Lawyers [Ep131]
Join Elizabeth Larrick as she shares insights on developing trial strategies that resonate with juries. This episode is designed for trial lawyers seeking to enhance their courtroom success by focusing on a comprehensive strategy rather than just meeting deadlines or relying on emotional narratives. Elizabeth delves into the importance of using focus groups to anticipate jury reactions and prepare multiple contingency plans for trial preparation. Gain tips on crafting compelling narratives, prioritizing crucial information, and employing strategic questioning. Learn how to sequence witnesses and evidence to streamline your courtroom presentation. Elizabeth emphasizes the significance of flexibility in your plans to handle unexpected challenges. In this episode, you will hear: Understanding trial strategy beyond deadlines and persuasive elements Importance of a cohesive, big-picture plan considering the jury's perspective Utilizing focus groups to predict jury reactions and develop contingency plans Crafting memorable and clear narratives through effective communication Strategic sequencing of witnesses and evidence to streamline presentations Simplifying and prioritizing information for impactful trial presentations Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to join the Trial Lawyer Prep Newsletter and receive monthly emails with additional help for your cases? Click here to complete the form. Be sure to check out the Michelle Gessner episodes to hear about her trial strategy formulated from the focus groups. Episode 128 Episode 129 Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productio
Wed, January 01, 2025
Maximizing Focus Group Insights: A Guide to Reflective Practices [Ep 130]
In this episode of Trial Lawyer Prep, Elizabeth Larrick discusses the importance of immediate and thorough reflection on focus group feedback for trial lawyers. She emphasizes early recording of impressions, detailed review within seven days, and actionable steps to improve trial strategies. Elizabeth shares her methods for compiling and analyzing data to ensure focus group insights are effectively utilized in courtroom preparations. 00:00 Introduction to Trial Lawyer Prep 00:40 Welcome and Episode Overview 00:53 The Importance of Reflection in Jury Research 02:39 Immediate Reflection After Focus Groups 06:28 Seven-Day Reflection and Analysis 10:03 Implementing Feedback and Next Steps 16:08 Conclusion and Additional Resources Want to join the Trial Lawyer Newsletter to receive a monthly email with more tips, strategies and information on being a better trial lawyer? Go here: https://larricklawfirm.com/connect/
Wed, December 18, 2024
How Michelle Gessner Won a $22 Million Dollar Verdict Against Wells Fargo Part 2 [Ep129]
In this episode of Trial Lawyer Prep, we delve into the role that focus groups can play in legal trials. This episode explores whether focus groups are worth the investment, as we continue our conversation with Michelle Gessner. Through a case study involving Wells Fargo, Michelle shares her experience in utilizing focus groups to anticipate juror reactions and refine legal strategies, ultimately providing an edge in the courtroom. This episode underscores the financial considerations and potential rewards of employing focus groups, highlighting how they can reveal juror perceptions and help counteract defense tactics. Moreover, the episode sheds light on the applications of focus groups in trial preparation, particularly in determining the order of witnesses and enhancing witness preparation. Michelle emphasizes the importance of using focus groups to establish a sequence for presenting evidence, which can significantly influence juror understanding and case outcomes. The discussion also highlights the value of having an external perspective during witness prep to identify potential communication breakdowns. With these insights, trial lawyers can enhance their strategies and increase their chances of achieving favorable outcomes in court. Listeners are encouraged to stay informed by joining the Trial Lawyer Prep newsletter and leveraging the expertise shared in this episode to elevate their trial game. In this episode, you will hear: Strategic witness preparation and sequencing based on focus group feedback Managing financial risks versus benefits of focus group insights Role of focus groups in shaping depositions, summary judgment briefs, and evidence presentation Techniques for refining opening statements and trial strategies with focus group feedback Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have more questions or have an employment matter to talk with Michelle about, please contact her at: Michelle@mgessnerlaw.com To learn more about Michelle, please visit her website: Gessner Law PLLC</a
Wed, December 04, 2024
How Michelle Gessner Won a $22 Million Dollar Verdict Against Wells Fargo Part 1 [Ep 128]
Join us as we delve into the remarkable $22 million verdict achieved by trial lawyer Michelle Gessner against Wells Fargo. Michelle shares her strategic approach to a high-stakes case involving the wrongful termination of a Wells Fargo employee who requested a work-from-home accommodation under the ADA. This episode is packed with insights for trial lawyers, highlighting the value of focus groups in shaping trial strategy and boosting confidence. Discover how focus groups can refine your opening statements and jury selection, even when limited to a 20-minute voir dire. Michelle also discusses the challenges of maintaining focus group confidentiality when faced with aggressive tactics from opposing counsel. Gain valuable knowledge on navigating complex litigation and learn how meticulous preparation can make a significant difference in your courtroom success. In this episode, you will hear: Lessons learned from Michelle Gessner's landmark $22 million verdict against Wells Fargo. Leveraging focus groups to build confidence in trial strategies and understand juror perceptions. Utilizing focus groups to refine opening statements and determine the most impactful evidence presentation. Strategies for effective jury selection with limited voir dire time, emphasizing swift decision-making. Protecting focus group footage from opposing counsel's access attempts and maintaining its confidentiality. Handling aggressive legal tactics from opponents, including motions to access attorney work product. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Learn more about Michelle Gessner at: https://www.mgessnerlaw.com/michelle-gessner/#gref You can reach out to Michelle Gessner via email: michelle@mgessnerlaw.com To join the Trial Lawyer Prep Newsletter please visit: www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your o
Wed, November 20, 2024
How to Decide Whether to Settle or Go to Jury Trial? [Ep 127]
Join Elizabeth Larrick as she explores the decision-making process of whether to settle a case or proceed to a jury trial. This episode provides trial lawyers with actionable insights into evaluating jury trials by examining recent verdicts and settlements and leveraging the experience of attorneys familiar with key players in the case. Elizabeth shares how focus groups composed of non-lawyers can offer valuable perspectives, helping to understand jurors' mindsets. Look into trial preparation and risk assessment, focusing on the importance of evaluating evidence from a juror's viewpoint. Elizabeth discusses the strategic use of focus groups in refining opening statements and provides a comprehensive view of weighing the risks and rewards of settling versus going to trial. In this episode, you will hear: Decision-making between settling a case and going to a jury trial Importance of researching recent verdicts, settlements, and consulting experienced attorneys. Utilizing focus groups to understand jurors' perspectives and attitudes. Trial preparation, risk assessment, and evaluating evidence from a juror's viewpoint. Assessing trial costs, time commitments, and potential outcomes to guide clients effectively. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to learn to set-up your own virtual focus groups? Join my Trial Lawyer Prep Newsletter to learn about when my DIY course opens again and gain helpful trial tips & insight each month, go to www.larricklawfirm.com/connect to sign up. Related episodes on trial preparation: Ep 122 Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, November 06, 2024
How to Create Your Own Virtual System for Jury Research [Ep126]
Join Elizabeth Larrick as she explores the transformative power of virtual focus groups for trial lawyers. In this episode, Elizabeth discusses her course, "DIY Virtual Focus Groups for Beginners," designed to equip trial lawyers with the skills to run their own focus groups. Elizabeth shares her experience of how these methods have enhanced her practice by providing crucial jury insights and improving case decisions. The course offers practical tools, including recorded Zoom sessions, a detailed workbook, and a supportive community, addressing common challenges like recruitment, presentation, and moderation. Elizabeth emphasizes the importance of integrating feedback into legal case preparations, aiming for clarity and simplicity in jury communication. Discover how running your own focus groups can refine your presentation strategies, connect more effectively with juries and clients, and enhance your overall courtroom success. In this episode, you will hear: Introduction to DIY Virtual Focus Groups for trial lawyers Strategies for recruitment, presentation, and moderation in focus groups Importance of integrating feedback for effective jury communication Benefits of running personal focus groups for case preparation Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Access to the on-demand course Do-It-Yourself Virtual Focus Groups is CLOSED. However, you can join the Trial Lawyer Prep Newsletter today and get the latest updates on when Elizabeth will open the course again: www.larricklawfirm.com/connect To hear other episodes about running your own virtual focus groups check out: DIY Focus Groups with Clint Shumacher [Ep 83] Setting Up Your Focus Group System [Ep 81] <a href= "https://elizabethlarrick.com/focus-group-recruit
Wed, October 23, 2024
Mock Jury isn’t the ONLY Way to do Your Trial Preparation [Ep125]
In this episode, Elizabeth explores innovative and cost-effective strategies for trial preparation that go beyond traditional mock juries. Designed with solo practitioners and small law firms in mind, this episode examines techniques like focus groups that can provide valuable insights without the high costs. Learn how attorneys like Ryan Squires and Peter Levine successfully used virtual focus groups to refine their trial strategies, leading to significant verdicts and settlements. Gain actionable tips to enhance your courtroom skills and connect more effectively with juries. In this episode, you will hear: Exploring cost-effective alternatives to mock juries for trial preparation Benefits and insights of using focus groups, both in-person and virtual Overcoming traditional trial prep challenges for solo practitioners and small firms Practical tips for conducting short, targeted focus groups Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to get in-depth insight straight to your inbox? Join the Trial Lawyer Prep Newsletter at www.larricklawfirm.com/connect to get a specially crafted email once a month from Elizabeth that gives lawyers extra resources, tips and information on preparing the best case. Here are the episodes mentioned by Elizabeth: Ep 35 Ryan Squires and his Record Setting $40 million verdict Ep 19 DIY Virtual Jury Research Part 1 Ep 20 DIY Virtual Jury Research Part 2 Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, October 09, 2024
The Easiest Place to Start if You are New to Virtual Jury Research [Ep124]
Elizabeth Larrick, an experienced trial lawyer and consultant, discusses strategies for conducting effective virtual jury research using focus groups. By starting with a well-prepared opening statement, lawyers can harness simple, direct feedback to refine case strategies. Through examples and real case studies, Elizabeth demonstrates how to leverage virtual focus groups for trial preparation, emphasizing the importance of clarity and simplicity to achieve successful outcomes. Listeners are also encouraged to join her email list for exclusive access to her courses and resources. 00:00 Introduction to Trial Lawyer Prep 00:49 Starting with Virtual Jury Research 01:52 Understanding Virtual Focus Groups 03:03 Creating Effective Opening Statements 06:40 Gathering Feedback and Improving 09:53 Success Stories and Practical Tips 12:38 Conclusion and Next Steps Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Join my TLP email list to gain exclusive access to the DIY Virtual Focus Group course and Bonus material: www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, September 25, 2024
Revolutionize Your Depositions: A Tool That Cuts Costs and Boosts Efficiency [Ep123]
Expand your toolkit and improve your legal practice with our guest, Karl Seelbach, co-founder of Skribe. In this episode, Karl shares his journey from aspiring plaintiff's lawyer to co-founding his own defense firm. Learn how Karl is transforming the legal field with Skribe, a tool designed to simplify legal depositions and video evidence management. Hear about the challenges that led to Skribe's creation and how its products are addressing common pain points like high costs and delays. Explore the evolving landscape of legal depositions and the features of Skribe’s AI-powered tools. Karl discusses the benefits and limitations of remote depositions, the issue of stenographer shortages, and how Skribe’s software offers a practical alternative. In this episode, you will hear: Skribe's creation to address deposition challenges The benefits of remote depositions The impact of AI-powered tools on deposition management Advice for integrating technology in legal practices Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you would like to learn more about Skribe, you can email Karl with your questions: karl@skribe.com or visit https://skribe.ai/ Get results, spend less money. Check out https://skribe.ai/ for your deposition needs and remember to mention Trial Lawyer Prep podcast! Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, September 11, 2024
Forget Jury Instructions start HERE for Trial Preparation [Ep122]
Think jury instructions are where to start with getting ready for your jury trial? Think again. Join Elizabeth Larrick as she shares key strategies for achieving courtroom success. Learn why understanding a judge’s rules and procedures is as important as knowing your case facts. Elizabeth delves into the specifics of voir dire, discussing time allocation and format variations to connect with jurors. Elizabeth offers strategies for adapting trial preparations to meet the demands of any courtroom environment. Learn to manage expert witness schedules and align your presentation to the judge's persona to avoid unexpected setbacks. Through real-life examples, this episode highlights the importance of meticulous planning and understanding a judge’s expectations to ensure effective execution of every trial element. In this episode, you will hear: Maximizing trial success strategies Navigating trial preparations and judge persona Nuances of voir dire: time allocation and format variations Strategies for connecting with jurors Legal research and preparation for judge’s trial persona to avoid unexpected setbacks Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Are you interested in booking a free consultation call about focus groups or trial strategy? Use this link to find a convenient time for you to talk with Elizabeth. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, August 28, 2024
Client Deposition Preparation: A Quick but Crucial Tip [Ep121]
Get ready to master the nuances of preparing for virtual client depositions in 2024. Equip yourself with strategies that ensure your client is not just ready but confident and composed. Join me as I dive into the essential practice of virtual deposition preparation. You'll learn why it's crucial to simulate the actual virtual environment during practice, helping clients handle technical hiccups and communicate effectively when things go awry. In this episode, I share actionable tips drawn from real-life experiences. From practicing with Zoom to managing on-screen documents, discover how segmenting preparation sessions can vastly improve client performance. Tune in to understand why treating these practice sessions with the utmost seriousness can set your clients up for success, making those virtual depositions less daunting and more manageable. In this episode, you will hear: Importance of simulating the virtual environment during practice Handling technical issues and communicating effectively online Benefits of segmenting preparation sessions for better client retention Ensuring clients are familiar with virtual deposition nuances Applying similar preparation strategies for experts and focus groups Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you enjoyed this quick practice tip with Elizabeth, join her Trial Lawyer Prep Newsletter email list here. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, August 14, 2024
Trial Lawyers Stop This Habit if You Want Reliable Case Feedback [Ep120]
Did you know that seeking feedback from friends and family might be sabotaging your trial preparation? Join me as I break down why this common practice can be a trap rather than a helpful shortcut. In this episode of Trial Lawyer Prep, you'll uncover three fundamental reasons why feedback from close individuals is inherently unreliable. From the biased nature of their opinions to the undue credibility they grant you, and how these skewed perspectives can infiltrate your subconscious decision-making—understand why these pitfalls can negatively impact your case. I'll also shed light on the significance of impartial jury research, and how recruiting unbiased participants can make all the difference. Discover why feedback from neutral strangers offers a more accurate simulation of a real jury's perspective and why cutting corners due to time, money, or fear of negative feedback could jeopardize your case's success. Don't miss this vital discussion on enhancing your trial strategies with reliable, unbiased feedback! In this episode, you will hear: The dangers of relying on feedback from friends and family for trial preparation. Three main reasons why friendly feedback is unreliable: inherent bias, undue credibility, and non-representative sample. The subconscious influence of biased feedback on decision-making in trials. Importance of impartial jury research and recruiting unbiased participants for focus groups. Risks of cutting corners due to time, financial constraints, or fear of negative feedback. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, July 31, 2024
Beyond the Obvious: Using Focus Groups to Expose Hidden Dimensions of Liability in Personal Injury Cases
Ever wondered how focus groups could be the game-changer for navigating complex liability issues in civil litigation? Imagine unlocking jurors' hidden perspectives and using these insights to your strategic advantage. This episode takes you through real-world applications, like contributory negligence in construction injuries or multiple defendants in medical malpractice cases. We dive into the nuances of a recent car crash case involving seatbelt usage to show you how a layered presentation strategy can yield invaluable insights. We also discuss the crucial practice of conducting and recording debrief sessions right after focus groups. Learn why transcribing and creating memo reports can elevate your mediation preparation and case strategy. From clarifying responsibility to uncovering critical facts, we lay out how focus groups can help frame information for the best outcomes. Plus, we offer practical resources and invite you to join our email list for upcoming courses on running your own focus groups. Don't miss out on these essential techniques that could transform your approach to complex liability cases. In this episode, you will hear: Navigating a common challenge in civil litigation: problematic liability The value of a layered presentation strategy The role of focus groups to uncover hidden factors in complex liability cases The importance of conducting and recording debrief sessions immediately Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: In the episode, I mentioned Episode 112 where we look at a specific case example for flipping contested liability and expanded blog . Are you interested in taking my online course: Virtual Focus Group Foundations Workshop? Please register for my email list and you will receive the announcement when
Wed, July 17, 2024
Trial Lawyer John Prudhomme Analyzes How His Virtual Focus Group Compared to the Real Jury Trial
Ever wondered how clear video evidence could still lead to a contentious court battle? Join us as we speak with John Prudhomme from CPM Injury Lawyers about a gripping case involving a fuel tanker rear-ending a dump truck on I-35. Despite undeniable footage and an outright admission from the tanker driver, the defense stood firm with no settlement offers. Find out how a virtual focus group became a game-changer in predicting jury perceptions and why the trial venue added layers of complexity to an already dramatic case. John also shares insights from a case involving a veteran client whose trial took an unexpected turn. We discuss how the jury's interest veered from medical details to family dynamics, revealing the nuanced way personal stories can sway verdicts. With veterans on the jury panel and collateral source issues lurking in the background, emphasizing the family impact became crucial. Tune in to hear how highway speed regulations and surveillance footage reshaped the narrative and influenced the jury’s decisions. We also get into the nitty-gritty of trial strategies and financial considerations. From life care plans to the client's lifestyle choices, find out how these elements played a crucial role in the jury’s perception. John emphasizes the unpredictable nature of trials, the importance of expert testimonies, and the critical role of pre-trial preparations. This episode is a goldmine of insights for any trial lawyer seeking to refine their skills and connect more effectively with juries In this episode, you will hear: Case study: fuel tanker rear-ending a dump truck on I-35. Utilizing virtual focus groups to understand jury perceptions and defense strategies Adjusting trial tactics based on real-time feedback Challenges of dealing with surveillance evidence and unexpected jury reactions The critical role of life care plans and financial implications in influencing jury decisions Importance of pre-trial preparations and adapting to unpredictable trial elements Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only tak
Wed, July 03, 2024
Montana Plaintiff Lawyer Keif Storrar Explains His Firms Approach to DIY Focus Groups
What if rethinking your approach to trial preparation could transform your outcomes in court? Join us as we uncover the journey of Keif Storrar, a partner at Doubek, Pyfer & Storrar, who revolutionized his firm's use of focus groups after attending Don Keenan's Edge Colleges in 2018. Keif walks us through the shift from using focus groups sporadically for catastrophic injury cases to a more systematic and frequent application. Learn how his firm navigated the transition to virtual formats during the pandemic, the logistics of consistent implementation, and the intriguing possibility of creating a dedicated business entity for managing focus groups. Keif also shares invaluable strategies on leveraging focus groups for witness credibility, case development, and testing deposition clips. This episode dives into the evolving landscape of online survey focus groups, offering a wider audience perspective on damages, and the critical importance of honing case themes early. We tackle the nuts and bolts of running virtual focus groups, emphasizing effective recruitment and fraud prevention. If you’re looking to refine your approach or start fresh with focus groups, we provide practical tips and strategies to streamline the implementation process. In this episode, you will hear: The logistics and benefits of implementing focus groups regularly Evaluating witness credibility and shaping case development The advantages of using focus groups to test deposition clips Virtual focus group recruitment strategies The differences between virtual and in-person recruitment Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Would you like to talk to Keif about his focus group experience? Have a case in Montana? You can contact Keif by email: keif@lawyerinmontana.com Website: https://lawyerinmontana.com/keif-storrar/ <p dir="l
Wed, June 19, 2024
Personal Injury Lawyers: Watch Out for THIS Harmful Assumption You May be Making In Your Cases
Can you really trust your instincts when it comes to trial preparation? In this episode, we uncover the hidden pitfalls of overestimating evidence clarity and the transformative power of focus groups. Drawing from extensive experience with over a thousand focus groups, we reveal why lawyer assumptions often miss the mark and how understanding the jury's perspective can be a game-changer in the courtroom. Learn practical examples of cases where the evidence seemed crystal clear but proved to be surprisingly ambiguous. We'll also discuss the importance of not relying solely on recent jury verdicts or seasoned instincts and explore how focus groups can offer invaluable insights into how jurors interpret evidence. Don't miss this essential guide for trial lawyers aiming to refine their courtroom strategy and build stronger connections with juries. In this episode, you will hear: Why you shouldn’t base your assumptions solely on experience or recent jury verdicts Video evidence revealing driver's responsibility Challenges with video evidence in court Avoiding communication mistakes in legal strategy Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to learn more inside tips and tricks for jury research and focus groups? Sign up for Elizabeth’s monthly email list by visiting: www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, June 05, 2024
How Can a 1-Hour Virtual Focus Group Save You Time in Your Civil Litigation Docket?
Can a one-hour virtual focus group transform your trial preparation? In this episode of Trial Lawyer Prep, we uncover the groundbreaking benefits of incorporating virtual focus groups into your litigation strategy. By pinpointing what juries truly want to know from the outset, you can streamline your discovery and deposition processes, ultimately saving time and resources. Whether you're navigating personal injury, employment law, or criminal defense, learn how this innovative approach to case preparation can align your strategy with jury expectations, enhancing your courtroom success. Join us as we break down the strategic advantages for different types of cases, from car crashes to medical malpractice. We also dive into the intricacies of using virtual focus groups to identify key testimony areas, sift through complex violations, and prioritize the most impactful issues. Plus, learn follow-up instructions to ensure you maximize the effectiveness of these sessions and be ready to revolutionize your litigation practice. In this episode, you will hear: The benefits of using virtual focus groups to refine case strategies Understanding key issues in car crash, trucking, and medical malpractice cases Efficient case preparation through third-party opinions We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to learn more inside tips and tricks for jury research and focus groups? Sign up for Elizabeth’s monthly email list by visiting: www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, May 22, 2024
The Plaintiff Lawyer Mindset Shift to Make When Running Your Focus Groups
Have you ever stepped into a focus group with the battle-ready mindset of a courtroom lawyer, only to realize it's like bringing a sword to a tea party? Joins us to untangle the art of moderation, guiding attorneys through the key mindset shifts that can transform focus group feedback into pure gold for trial prep. Understand the nuanced dance between asking questions and listening intently – emphasizing the power of neutrality and curiosity to coax out the raw, genuine insights that are so crucial to understanding how a jury might think. From a checklist that strips away legal jargon and biases, to the delicate skill of presenting cases in everyday language, this episode is a masterclass in the subtleties of legal research. Whether you're seasoned in the world of focus groups or stepping into this space for the first time, this conversation is a vital tool for any attorney looking to connect more deeply with clients and juries. Tune in and learn how to steer clear of confrontational instincts that can muddy the waters of valuable feedback, and how to lay the groundwork for focus groups that truly inform and enhance your trial strategies. In this episode, you will hear: The need for lawyers to shift mindset to a neutral focus group moderator Techniques for bias-free legal focus group research Mock juries vs. focus groups in trial prep Using neutral language and open-ended questions for authentic feedback A detailed checklist for attorneys to organize and guide focus groups The value of focus groups in enhancing cases by understanding jury perspectives Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to learn more inside tips and tricks for jury research and focus groups? Sign up for Elizabeth’s monthly email list by visiting: www.larricklawfirm.com/connect
Wed, May 08, 2024
Tulsa Lawyer Ashley Leavitt and Her Love/Hate Relationship with Opening Statement Virtual Focus Groups
Learn how to revolutionize your trial strategy with the wisdom of Tulsa attorney Ashley Leavitt. Ashley joins me in this episode to discuss virtual focus groups, which are shaping the way lawyers prepare for trial. Our conversation explores the nuanced ways in which these online platforms are not just convenient but also powerful tools for eliciting unguarded insights from participants. We talk candidly about the edge virtual groups give – from capturing subtle emotional cues to the ability to analyze reactions and discussions at leisure – ensuring no vital piece of feedback is overlooked. Ashley and I traverse the landscape of legal preparation, sharing personal stories of how virtual focus groups have helped refine court room approach. From the challenge of simplifying complex information to the strategic selection of evidence and the artful use of visuals, we dissect the elements that can make or break a case in the eyes of a jury. We delve into the psychology behind certain words and the unexpected power they wield, revealing how even the title "engineer" can sway perceptions. This episode is an essential listen for those eager to adapt and thrive in the ever-evolving arena of trial law. Join us for a session brimming with strategic insights and heartfelt revelations that promise to enhance not only your legal prowess but also your client relationships. In this episode, you will hear: Comparing virtual and in-person focus groups' benefits Simplifying complex data and strategic evidence selection for juries Impact of terminology and visuals on jury perceptions Case study: roof damage claims and virtual focus groups Managing client expectations using focus group feedback Enhancing legal approach and client relations via online jury analysis Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about Ashley Leavitt please visit: <a href= "https:
Wed, April 24, 2024
112: Contested Liability: How Virtual Focus Groups Flipped Responsibility Away from the Plaintiff
In this episode, I’m taking you behind the scenes of a gripping courtroom drama, unraveling the intricate process of using virtual focus groups for a trial's success. Let’s explore the case of an 18-wheeler collision through the eyes of Fidel Rodriguez, Jr., a seasoned trial lawyer, and discover how he harnessed the power of virtual focus groups to transform the case narrative. We'll dissect the importance of visual evidence, tackle jury confusion, and reveal how meticulous tweaks based on focus group insights can lead to pivotal changes in a jury trial's outcome. This episode is more than just a recount of legal strategy – it's a lesson in psychological finesse, where we reveal the courtroom as a theater and jurors as the audience whose verdict can pivot on a single piece of evidence. We walk through the dramatic transformation of a high-stakes liability case, scrutinizing every nuance from opening statements to surveillance footage. Take this front-row seat to witness the meticulous crafting of a winning case, proving that sometimes, the path to justice is through the screen of a virtual focus group. In this episode, you will hear: The importance of visual evidence Addressing jury confusion points Shaping the case’s narrative based on focus group feedback Pivoting strategies based on juror insights Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To get more details about the sequence of virtual focus groups, check out the blog: https://larricklawfirm.com/case-study-how-virtual-focus-groups-flipped-disputed-liability/ Ever wondered about setting up your own virtual focus group system? A system that could easily produce a virtual focus group that allows you to test your cases with lower cost and stress. Well, I am setting up an online course for lawyers to do just that on May 1st. But you need to be on my email list to get access, use this link: <a href= "http://www.l
Wed, April 10, 2024
111: Rian Butler & Focus Group Success
Ever wondered how trial lawyers can peer into the minds of a jury before setting foot in the courtroom? Rian Butler, a battle-tested attorney from Austin joins today’s discussion to unveil the secret weapon of litigation: focus groups. Rian illustrates how a focus group's fresh eyes can reveal critical aspects that attorneys might miss. Our candid conversation exposes the strategic edge that focus groups provide in sculpting arguments and honing in on ways to genuinely connect with jurors through compelling narratives. Navigating the modern landscape of trial preparation, we swap tales of virtual and in-person focus group dynamics. The episode is packed with practical advice on keeping participants on the edge of their seats and how multimedia presentations can solidify an argument's impact. In this episode, you will hear: The importance of focus groups in litigation The challenges and strategies of conducting virtual and in-person focus groups for trial preparation Understanding jurors' perspectives Adaptability to trial schedules Unexpected jury deliberation outcomes Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Learn more about Rian Butler and his Austin law practice: www.butlerinjury.com Ever wondered about setting up your own virtual focus group system? A system that could easily produce a virtual focus group to test your cases with lower cost and stress. Well, I am setting up an online course for lawyers to do just that on May 1st. But you need to be on my email list to get access, use this link: www.larricklawfirm.com/connect Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at
Wed, March 20, 2024
110: Virtual Focus Group: Face-to-Face Interaction You Can’t Replicate In Person
In today's episode, I’m diving deep into the realm of virtual focus groups and the unique benefits they bring to trial strategy, particularly the kind of face-to-face interaction you just can't replicate in person. Virtual focus groups have unexpected advantages from capturing nuanced participant reactions to providing invaluable insights on video evidence used in trials. Join me for a riveting discussion about the new frontier of legal preparation. Get an insider's perspective on how virtual focus groups have revolutionized how we examine participant feedback, scrutinize facial reactions, and dissect video evidence – all crucial in today's camera-laden society. I'll guide you through the nuances of camera setups and recording settings on platforms like Zoom to capture every critical detail. This episode is a must-listen for any legal professional eager to polish their trial strategy with the power of digital tools. Whether you're looking to access case studies, master presentation tools, or seeking aids for your trial approach, this conversation is a treasure trove of best practices and expert guidance. In this episode, you will hear: The unique advantages of virtual focus groups over in-person ones How to enhance virtual focus group for success Tips for optimizing Zoom settings for focus groups Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to work with Elizabeth? Need a virtual focus group for a difficult case? Set up a free consultation call: https://calendly.com/elizabethlarrick/30min Website: www.larricklawfirm.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com . Let them know I sent you.
Wed, March 06, 2024
109: Annie Gough Explains 2D Illustrations and 3D Animations: Differences & How to Decide What to Use in Your Case
Imagine stepping into a courtroom where the complexities of medical malpractice and product liability unfold like a storybook, where jurors are captivated not by words alone, but by the artistry of visual persuasion. That's the scene Annie Gough helps create. In today’s episode, Annie’s expertise as a certified medical illustrator takes center stage. Together, we unravel the fabric of legal storytelling through the lens of detailed 2D illustrations and lifelike 3D animations, which turn abstract concepts into tangible realities for those who decide the fates of others. Visuals can make or break a case. Listen in as we discuss the process of crafting images that resonate with a jury's sense of belief. We also delve into the territory of human anatomy, where a seemingly small detail on a medical illustration, such as the precision of a spine model or the exactness of a surgical animation, can pivot a juror's understanding of the truth. In this episode, you will hear: Impact of image in courtroom proceedings Importance of 3D models in court Medical image misinterpretation and surgery error Importance of visualizing tumor locations Medical illustration case preparation process Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: You can watch the interview video & see all of Annie’s examples here: https://youtu.be/7hbj4wLHDR4 Want to work with Annie? Email her directly: anniegcmi@gmail.com Website: www.injuryillustrated.com Want to work with Elizabeth? Need a virtual focus group? Set up a free consultation call: https://calendly.com/elizabethlarrick/30min Website: www.larricklawfirm.com <p di
Wed, February 21, 2024
108: How Can a 1-Hour Virtual Focus Group Help Your Case?
Imagine walking into the courtroom armed with insider knowledge that guarantees a powerful impact on the jury – that's the kind of edge you can bring to the table with virtual focus groups. Just one hour can dramatically reshape your trial preparation. This episode is a deep dive into using virtual focus groups to gauge juror impressions, assess client credibility, and polish your visual aids for the courtroom stage. Learn the ways and the way you approach trials, mediations, and depositions will never be the same again. Stepping into our virtual conference room, we dissect the advantages of conducting one-hour virtual focus groups, a practice that has become a cornerstone of successful legal strategies. Learn how you can harness the chat feature to glean unfiltered juror perceptions and refine your opening statements to ensure they strike true when it counts. But it's not just about the prep work – I'll reveal how to use focus group feedback to prepare your clients for the spotlight, safeguarding them from the jarring impact of raw critiques. In this episode, you will hear: Virtual focus groups assessing client credibility Client credibility and virtual focus groups Exploring alternative legal solutions Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Curious about working together? Send me an email elizabeth@larricklawfirm.com or click to schedule a quick call . Want inside tips & resources? Sign up to be on my email list. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, February 07, 2024
107: Amanda Carmody and Connecting with Your Client in Depo Prep
Every legal case reads like a distinct narrative, and within these stories are the lives of real people bearing their truths. Enter Amanda, a plaintiff's attorney with a history as a paralegal, who brings that very understanding to the forefront of her practice. Our conversation with her peels back the layers of the intricate relationship between attorney and client, exploring how deep trust is cultivated, especially when guiding clients through the stormy seas of recalling traumatic experiences. Amanda's transition into the legal field amid a pandemic, and her innovative use of Zoom to bridge the client-communication gap, offer a glimpse into the evolving landscape where technology meets empathy. The courtroom is more than a battleground of wits; it's a space where human emotions are laid bare. As we unpack the emotional breadth of deposition preparation, Amanda walks us through the careful balance lawyers must strike – acting as legal counsel while providing emotional support. Her candid recounting of a young sexual assault survivor's case shines a light on the profound influence an attorney's belief in their client's story can have. In this episode, you will hear: Learning the ropes of plaintiffs' depositions Building confidence and validating client experiences The emotional toll of legal work Building trust in client depositions Connecting with clients and juries Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about Amanda and connect with her go here . Want inside tips & resources? Sign up to be on my email list: https://fantastic-designer-3528.ck.page/4e7d7814f1 Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They help
Wed, January 17, 2024
106: Guest Brooke Grogan & Her First Focus Group
Have you ever witnessed the courtroom magic that a well-prepared lawyer can weave? Imagine the edge a legal team could have by understanding a jury's mind before even stepping into the courtroom. That's exactly what Florida attorney Brooke Grogan and I peel back the layers of in our insightful conversation. Brooke brings to the table her experiences with focus groups, revealing how these mock juries can drastically alter the trajectory of a trial. From honing opening statements to fine-tuning courtroom tactics, this episode is a masterclass for any trial lawyer eager to absorb the tactical know-how of leveraging focus groups for legal victories. Picture this: a tool so powerful it could swing a $3 million verdict in your favor. That's the story Brooke recounts as we delve into how early focus group feedback reshaped her case strategy. We also tackle the virtual evolution of focus groups, discussing the conveniences and complexities of platforms like Zoom. Whether you're a seasoned attorney or just legally curious, our exchange is packed with practical insights that underscore the transformative effects of blending technology with trial preparation. Join us to unearth the art of legal strategy through the lens of focus groups – a truly eye-opening dialogue for the courtroom tactician in all of us. In this episode, you will hear: Brooke's first focus group experience Focus group evaluation Importance of focus groups in evaluation Value of focus groups and input Adjustments and progress in focus groups Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about Brooke Grogan & her practice: https://www.injurylawyers.com/attorney-brooke-grogan/ To follow me on LinkedIn: https://www.linkedin.com/in/elizabeth-larrick-942447101/ If you have a question or suggestion for
Wed, January 03, 2024
105: Wrapping up 2023 and Launching 2024
In this episode, we reflect on a year of trial advocacy growth and gear up for an even more dynamic 2024. Listen in as I share insights from my tenure as president of the Capital Area Trial Lawyers Association, highlighting how organization and balance have become pillars of my practice. I also discuss the surprising dominance of virtual focus groups, with a staggering 44 sessions conducted online, illustrating their continued convenience and efficiency for our busy legal community. Plus, get a sneak peek at future episodes featuring fellow lawyers and experts who will shed light on innovative case development, witness preparation, and the powerful use of medical illustrations and animations in storytelling. As we wrap up 2023, I can't help but share the profound impact certain books have had on my journey both professionally and personally. As I set my sights on devouring 40 business books in the coming year, I extend an invitation for your recommendations. Lastly, we'll explore how experimenting with AI tools like ChatGPT might revolutionize the way we practice law. In this episode, you will hear: The effectiveness of virtual focus groups (with 44 online sessions highlighted) Insights from impactful books for personal and professional growth. Exploration of technology in legal practice, including the use of ChatGPT for brainstorming and content creation. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about grief listen to Episodes: Ep 85: What is Grief? Ep 86: Ways We have been Taught to Deal with Grief Ep 87: How to Navigate and Assist Our Clients with Grief Book Recommendations: Never Split the Difference by Chris Voss <a href= "https://www.amazon.com/Essentialism-Discip
Wed, December 20, 2023
104: Guest Justin Starin and His Take on Focus Groups
Have you ever wondered how the best trial lawyers prepare for court? Join me as I sit down with Justin Starin of McKenna & Starin, to pull back the curtain on the strategic deployment of focus groups in personal injury law. Together, we venture beyond the traditional mock trial format, navigating the nuances of targeted sessions that dissect specific issues like causation and case framing. Justin's expertise shines as we dissect how focus groups can not only unveil potential juror biases but also refine witness preparation and bolster plaintiff credibility—essential tools for any legal arsenal. We also delve into the art of simplifying complex legal arguments for the lay jury. From revising opening statements to rendering technical evidence understandable, we expose the trials of countering preconceived notions and managing inflated expectations set by the likes of CSI. For legal professionals aiming to cut through legal jargon and connect with a jury, this episode is an invaluable masterclass in strategic case management. In this episode, you will hear: Using focus groups for causation Responsibility of testing security systems Challenges in investigating a death case Expert testimony for defense against blame Focus groups in legal cases benefits (90 seconds) Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Justin Starin McKenna & Starin Justin@mslawmt.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, November 29, 2023
103: Matt Murphy & Managing Client Expectations
Communication is the heartbeat of every relationship, and the bond between lawyer and client is no different. Listen in as we discuss the challenges and strategies of managing client expectations in the legal field with Matt Murphy from Montana. Specializing in workers' compensation cases, Matt shares his invaluable experience and emphasizes the importance of being upfront and honest with clients, even when the news isn't the most favorable. We also tackle the complexities of managing expectations in personal injury cases and the pivotal role trust plays in the lawyer-client relationship. We highlight the importance of keeping clients in the loop and seeking their feedback, no matter how uncomfortable it might be. Listen to how changes in judges or legal rulings can alter a case's trajectory and the need to involve clients in the decision-making process. Get insights on the importance of transparency and the art of delivering difficult news. Matt shares practical tips on effectively communicating with clients and setting realistic expectations. This episode is a must-listen for anyone in the legal field looking to enhance their client communication skills and build stronger relationships. Learn about the importance of open communication, managing expectations, and maintaining a strong client-lawyer relationship. In this episode, you will hear: The importance of building client relationships Importance of communication and trust Challenges with accepting medical treatment choices Importance of documentation and contact information Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: You can learn more about Matt Murphy & his practice by visiting: Matt Murphy website profile: https://www.murphylawoffice.net/about-our-attorneys/matthew-murphy/ Murphy Law Firm website: https://www.murphylawoffice.net/ Episode Credits<
Wed, November 15, 2023
102: Guest Kenny Berger and Traumatic Brain Injury Damages
Prepare yourself to embark on an enlightening journey into the realm of traumatic brain injuries (TBI), where science, law, and humanity converge. With Kenny Berger, a seasoned plaintiff's personal injury lawyer from South Carolina as your guide, you're guaranteed to gain a deeper understanding of the human elements in each TBI case. Kenny's insights, drawn from his extensive experience representing TBI clients, will help you comprehend the far-reaching effects of brain injuries on all aspects of a client's life. In this episode, we'll navigate through the intricacies of building a case for TBI, discussing key elements such as documenting symptoms like confusion, dizziness, and altered mental status and the significance of eyewitnesses. Kenny emphasizes the importance of establishing contact with individuals, who the client may have been in touch with within 48 hours post-incident. Moreover, we discuss the timeline of brain injury recovery and explore the value of sensitive imaging. Kenny also generously shares invaluable resources for those keen on learning more about brain injuries and neuropsychology. Get ready to embark on this enlightening journey as we unpack the complexities of traumatic brain injuries. In this episode, you will hear: Exploring traumatic brain injuries with Kenny Understanding brain injuries and memory loss Understanding the impact of brain injuries Timing in court cases and brain damage The importance of neuropsychological assessment Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about Kenny Berger visit his website: https://www.bergerlawsc.com/ To listen to Kenny’s podcast, Best Practices with Kenny Berger, listen here: https://www.bergerlawsc.com/reports/berger-law-best-practices-podcast.cfm Episode Credits</s
Wed, November 08, 2023
101: Focus Groups v. Mock Trials: There Is a Difference
Are you ready to redefine your understanding of focus groups and mock trials? Let's dive into the subtleties and key differences between the two, as we expose the secrets behind effective case preparation. With exclusive insights from expert attorneys, medical illustrators, and visual aids specialists, we'll be enriching your knowledge and honing your skills. Don't miss our intriguing foray into the world of legal jargon as we dissect the merits of focus groups over mock trials, shedding light on the importance of creating an open environment for participants. We further delve into the strategic use of background checks and surveys in your practice. Bring in your queries and join me on LinkedIn as we start this thrilling journey into the realms of trial preparation. In this episode, you will hear: Focus groups vs. mock trials Early focus groups in lawsuits Dedicating time and resources for learning Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Let’s connect on LinkedIn , or send me an email: elizabeth@larricklawfirm.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, November 01, 2023
100: REPLAY: DIY Focus Groups with Clint Schumacher
Imagine being able to improve your trial practice by utilizing DIY focus groups - well, that's exactly what our guest, Clint Schumacher, has been doing. As an attorney specializing in eminent domain cases, Clint shares his fascinating journey of implementing focus groups to enhance his practice, and how Zoom has become an essential tool in facilitating them. We also take a deep dive into recruitment strategies, discussing the importance of finding the right participants and sharing the tips and tricks Clint has learned along the way. When it comes to condemnation cases, people's emotional reactions are often at the forefront. Clint and I discuss the complexities of these cases, the inherent bias against the government taking property, and how to gauge the emotional value of a particular property case in order to better communicate with the jury. We also explore the scaling question, which measures how much people care about the case, as well as the importance of communicating facts clearly in focus groups. Setting up a virtual focus group may seem daunting, but we cover everything you need to know, from the geographic area to be sampled to the recruitment process and the electronic confidentiality form used. We also discuss the challenges of finding participants in rural areas and how Clint and his team have been successful in using Facebook ads and Google forms for recruitment. Finally, we touch on the challenges of virtual focus groups, the strategies needed to handle them, and the undeniable importance of focus groups for trial lawyers. Don't miss this engaging and informative conversation! In this episode, you will hear: DIY focus groups for trial lawyers Measuring emotional engagement in focus groups Virtual focus group process and challenges Managing remote meeting disruptions DIY focus groups for lawyers Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: My interview on the Eminent Domain Podcast - <a href= "https://www.eminentdomain
Wed, October 25, 2023
099: Lost in Translation: Using Interpreters in Client Depo Prep
Elevate your understanding of deposition preparation with a unique focus on Spanish-speaking clients in our latest episode. We promise you'll gain valuable insights into the role of translators in this process, offering your clients a deeper layer of comfort and preparation. With firsthand experience from the field, we share how employing a translator for role play during deposition prep can drastically improve your client's understanding and readiness, setting them up for success. Venture further into the world of legal translation as we highlight the importance of hiring certified court translators. We unpick the ethical code they adhere to, the nuances of regional dialects, and the potential risks of miscommunication. We also address the significant challenge of translation delays and suggest ways to keep this process as concise as possible. By the end of this episode, you'll be equipped with a new perspective and practical strategies to effectively utilize translators in your deposition prep process, ensuring no stone is left unturned. In this episode, you will hear: How a translator can help Spanish-speaking clients prepare for deposition The importance of hiring certified court translators Ensuring confidentiality and comfort of clients Understanding the importance of brevity to avoid delays Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, October 11, 2023
Hillary Carls and Learning from Focus Groups
Ever marveled at the power of a compelling narrative on a jury? Ever wondered how those narratives are crafted? Hillary Carls, a dynamic trial lawyer, joins us in a riveting conversation about the role of focus groups in crafting winning narratives. We recount our experiences and share how these groups have altered our approach to even the most complex cases. Hillary shares her journey to becoming a trial lawyer and how focus groups steered her to victory in a challenging sexual abuse case. The power of visual aids and focus groups in trial cases cannot be overstated. Hillary and I dive into this, sharing our insights on creating visual aids for arguments and understanding your audience. If you're looking to refine a story and turn a complex narrative into a compelling argument, this episode is for you. Hillary reflects on how a focus group's input was pivotal in her sexual abuse case, and together, we emphasize the necessity of focusing on causation in trial cases. In this episode, you will hear: Exploring focus groups in challenging cases The importance of visual aids and focus groups in trial cases PowerPoint presentations and the "Show me yours, I'll show you mine" strategy Preparing mediators in advance Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Would you like to learn more about Hillary or connect with her on a case? Email her directly at: Hillary@carlslaw.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, October 04, 2023
Guest Kiele Linroth Pace and Role of Special Counsel
When you've got 20 years of litigation under your belt, stepping into a new role can feel like a leap. But that's exactly what Kiele Linroth Pace did when she founded her law firm and took on the fresh challenge of the special counsel role. She has effectively blended her considerable experience in criminal law with the less familiar world of law firm administration. Now, she has the freedom to carefully select the projects that inspire her most, and she's even contemplating the idea of training others to do the same. Hiring and delegation are two major focal points of our discussion. Kiele shares her expertise in simplifying the hiring process, primarily for law firm owners and solo practitioners. We also talk about the positive impact of having clear job descriptions, accountability, and adequate systems in place for a successful hire. We also tackle some of the common mistakes that can stunt a law firm's growth – neglecting personal development, overlooking the importance of outside perspective, and underestimating the power of delegation. One of the most fascinating parts of our conversation revolves around the art of setting boundaries to reclaim time. Kiele shares her journey of learning to set boundaries, and how it has allowed her to conserve energy, enhance productivity, and lead a more balanced life. We also dive into the idea of finding work that truly sparks your passion. Kiele’s perspective is inspiring. Even within the same job, changes can be made to better align your work with your passion. In this episode, you will hear: Special counsel in law firms Mistakes impacting law firm growth Freelance services and time management for lawyers Setting boundaries to reclaim time Coaching for ideal clients Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Would you like to learn more about Kiele and her services? Check out her website: https://pacefirm.com/ Or connect with her on LinkedIn: <a href= "htt
Wed, September 27, 2023
REPLAY: Case Planning Tool: The Pre-Litigation Focus Group
Maybe you’ve had this case for a couple of months now and you’ve done a little bit of investigating. So you have a little understanding of the facts around what happened, but you haven't actually filed the case yet. This can also be the time for you to use a pre-litigation focus group for more in-depth planning. The perfect time to use a focus group is when you have the information that allows you to make some predictions, and there aren't any huge missing facts going on so you can pretty well predict the damages. In this episode, I’m going to discuss planning for focus groups before you file a case, the importance of a pre-litigation focus group, what it looks like, what things you need to be looking for, and the benefits of using it. In this episode, you will hear: What happens during the pre-litigation focus group Questions to ask and where to gather more information Factoring in your expenses in terms of time and money Ways to pick a case for a pre-litigation focus group Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Email with questions? Elizabeth@larricklawfirm.com Download for FREE the Virtual FG Checklist https://fantastic-designer-3528.ck.page/635800b2c4 Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, September 20, 2023
How to Determine If Your Client Is a Fit for Witness Preparation Coaching?
Are all clients a good fit for witness preparation? Join me as I share a recent experience of a client resisting deposition preparation. I will also discuss ways to identify if a client is open to learning – or if they're just acting like a know-it-all. Discover the signs to look out for, and I’m also giving out some questions to consider to evaluate your client's readiness and willingness to engage in the process. This episode takes a closer look at how to handle clients and determine their level of investment in a case. I can’t stress enough the importance of having an in-depth conversation with the client before the deposition to ensure everyone is on the same page. I also offer tips on dealing with clients who may not be a good fit for witness preparation. Be ready to navigate the complexities of client management in the courtroom. In this episode, you will hear: Questions to assess client readiness Tips for productive conversations with clients to ensure they’re invested in the process How to determine if a client is a good fit for witness preparation Questions to ask yourself to consider if a client is open to learning Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Have a question or idea for an episode? Email Elizabeth (she reads all her emails) Elizabeth@larricklawfirm.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, September 13, 2023
What Your Client Will Find on YouTube about Depo Prep (and Why it’s Not Good)
Are you really prepared for that deposition, or are you falling into the trap of catchy YouTube tutorials and oversimplified online advice? Join me today as I navigate this treacherous landscape, discovering the dangerous pitfalls along the way. From the barrage of legal jargon to misinformation, these videos can lead you down a path of confusion, potentially harming your case. Using Texas law as an example, I call out the issues stemming from this online maelstrom of well-meaning but often misguided advice. But worry not, there is a better way! I advocate for a personalized approach to deposition preparation – tailoring strategies to your specific case needs, rather than using a one-size-fits-all solution. Listen in as I share my tips for successful trial preparations, focusing on client management and the delicate task of one-on-one preparation. Be cautious of clients seeking advice online and learn how to guide them away from this problematic practice. Whether you're a budding lawyer or a seasoned veteran, you'll find valuable insights into crafting unique strategies that cater to your case's specifics. In this episode, you will hear: Issues with legal advice videos The importance of one-on-one client preparation and client management The danger in short-format videos with less context and less explanation Personalized preparation for successful trials Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Want to see for yourself what’s on YouTube? Click Here. Have a question or idea for an episode? Email Elizabeth (she reads all her emails) Elizabeth@larricklawfirm.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at <a hr
Wed, September 06, 2023
Trial Prep Organization – Create a System to Prioritize & Delegate
Don't you just crave a fool-proof system to help you conquer trial preparation, regardless of how many people you have on your team? In my recent experience assisting a group of lawyers, it was evident that the make-or-break in their case was a robust method of prioritization and delegation. In this episode, we dig deep into the mechanisms of planning, organizing, and executing tasks effectively when prepping for a trial. I’m sharing crucial insights on how prompt decision-making and appropriate workload distribution can significantly amplify the results at the end of the day. I’m also teaching you how to assemble a top-notch trial team, even when you're flying solo. Drawing upon my own experiences, I can’t stress enough the importance of knowing your abilities and limitations, seeking help when needed, and nailing your opening statement well in advance. Plus, I’m giving you a real-world example of a recent trial I was involved in, illustrating the essence of time and why defining roles and prioritizing tasks early are so critical. No matter the size or scope of your team, this episode aims to equip you with the essential tools and strategies to streamline your trial preparation process. In this episode, you will hear: Prioritizing and delegating tasks for trial preparation to excel Taking time to make prioritization decisions before deadlines Building a successful trial team Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, August 30, 2023
What About Your Client’s Self-Image and Perception?
How much power does self-perception hold over our actions, and what role does it play in a courtroom scenario? How critical is the reconciliation of dual identities, especially when it comes to legal proceedings? If these questions intrigue you, then this episode is perfect for you. Join me as I discuss the profound impact of client self-image on case testimony, how a client’s perception of themselves can significantly alter their behavior, and how jurors' immediate judgments can adversely affect a case. I’m also offering gentle strategies that attorneys can adopt to tackle these issues. Moving on to the realm of dual identities, we unravel how they can emerge in legal cases and their implications, including a case study about a client who had to grapple with two contrasting identities, and the eventual resolution that led to positive outcomes. We break down the confusion between identity and reputation, and why self-awareness is important. Join me for this illuminating discussion that unlocks the psychological dimensions of trial preparation. In this episode, you will hear: Client self-image and testimony impact Navigating dual identities and perceptions in a legal case How self-awareness and reputation can become twisted up in our minds Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: "You Are a Badass" by Jen Sincero: https://www.amazon.com/You-Are-Badass%C2%AE-Doubting-Greatness/dp/0762447699 Winning Case Preparation: Understanding Jury Bias: https://www.amazon.com/Winning-Case-Preparation-Understanding-Jury/dp/B07L1X7XST Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them kn
Wed, August 23, 2023
How Are You Preparing Your Client?
Unlock the secret of success in the courtroom: thorough client preparation. This episode is a wake-up call for all attorneys who underestimate the importance of client deposition or role at mediation. We unravel why investing your time in understanding the client's mindset can turn the tables in your favor and cement trust. The true value of a lawyer isn't just represented by the number of cases they successfully close, but also by their ability to prioritize client experiences. We also devolve into how attorneys can efficiently prepare their clients for depositions and mediations. It's a harsh reality that due to insufficient guidance from their lawyers, clients often resort to platforms like YouTube for answers. We put a full stop to this common occurrence, stressing the necessity of having at least two preparatory meetings. By taking control of their cases and ensuring a smooth client experience, we, as lawyers, can significantly bolster their reputation and increase their case value. Stride into this episode as we unveil the keys to successful client preparation and testimony. In this episode, you will hear: The importance of client preparation and perception How lawyers can better prepare clients for cases How to avoid YouTube searches from clients and ensure client satisfaction Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Do you have a question? Or an idea for a podcast episode? Please email Elizabeth directly: elizabeth@larricklawfirm.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, August 16, 2023
Joseph Rosenfeld, Image Consultant, on Personal Image for Lawyers
Did you know that your wardrobe could be the key to professional success? Get ready to unlock the powerful potential of personal style on our latest episode with image consultant Joseph Rosenfeld. Joseph sheds light on his personal journey, revealing how a chance encounter with the Official Preppy Handbook at 15 shaped his unique sense of style and in turn, his approach to consulting. He takes us through his experiences at Neiman Marcus in Chicago, where his interactions with lawyers and wealthy clients refined his skills. He also shares the secret sauce to his client interactions - helping them find their integrity in personal and professional spaces. We dive headfirst into the art of dressing for the courtroom. Joseph underscores the critical role of storytelling in fashion, the challenges lawyers face keeping up with changing trends, and the importance of understanding the courtroom culture. We unravel the theatrics of court appearances and discuss why it's crucial for lawyers to be relatable and believable. Joseph also challenges some antiquated advice on the type of appearance that lawyers still adhere to, providing fresh perspectives on dressing for success. We also explore the immense power of personal image in the legal profession. Joseph draws upon his expertise to explain how an individual's personality and style can be harnessed to create a look that reflects their self-image. He discusses how the right colors and styles can sow seeds of credibility and trust for potential clients. We also delve into the complexities of keeping up-to-date with fashion trends and identifying archetypes that best suit a lawyer's personality and style. Finally, we touch on the potential of a well-curated image to change perceptions, even for those with a tarnished reputation. So, gear up for an enlightening discussion and tune in now! In this episode, you will hear: Dressing challenges for trial lawyers The significance of multiple impressions Theatrics of court and the need for lawyers to be relatable and believable Understanding personality and style for creating a custom look to portray credibility and trustworthiness Discovering fashion trends to create a powerful, confident look for litigators Maximizing wardrobe potential Eye color in courtroom representation The power of personal clothing choices <li
Wed, August 09, 2023
What Focus Groups Taught Me about Communication
Are you wielding the full power of focus groups in your legal practice? Buckle up as we deep dive into the intriguing world of conducting focus groups, a bona fide tool for successful legal advocacy. We chew the cud on the art of maintaining neutrality amidst challenging conversations and the exploration of jurors’ diverse opinions. Riding on the wave of our experiences, we delve into the importance of understanding the unsaid and the challenges in extrapolating data from a focus group to an entire case. Imagine if you could simplify legal jargon into a persuasive story that hooks your focus group. That's exactly what we’re going to demystify in this episode. Learn how to tell your client’s story in a compelling manner that cuts through the noise of legalese and reaches the hearts of your audience. We also underline the importance of tuning into what isn’t being said. Plus, we share our tips on how to champion your clients' cause using the power of persuasive language. To wrap it all up, we’ll be discussing the significance of closely listening to the unsaid in focus groups. This is a not-to-be-missed episode for anyone looking to elevate their legal practice! In this episode, you will hear: How to improve communication through focus groups Ways for effective communication and simplifying legal terminology Paying close attention to what is not said in focus groups How to use persuasive language to advocate for our clients Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, August 02, 2023
Guest Andrew Gould on Narrative versus Adversarial Focus Groups
Unearth the inside scoop of the courtroom as I sit down with the formidable Andrew Gould. We unpack our mutual experiences, including a mind-bending incident at Shoney's restaurant. As successful trial lawyers, we delve into ways we've learned to connect with juries and clients, enhancing our courtroom prowess, and even share a tale or two about a memorable expert witness. Ever wondered how resilience and repetition breed success in the legal world? Andrew and I share our candid insights on learning from failures, powered by invaluable lessons from trials and tribulations. Diving into the craftsmanship of narrative-building and handling high-stakes opposition, we explore the essence of trial preparation and the indomitable power of practice. We also tease out the nuances of narrative and adversarial focus groups, their pros and cons, and how they shape the path to victory in the courtroom. In the final stretch of our conversation, we dissect the role of focus groups in the trial preparation process. From practicality and expenses to the invaluable knowledge they provide, discover how these groups can be a game-changer in the legal landscape. We discuss the benefits of collaboration, the importance of silence and listening, and the significance of adapting to the feedback from these groups. Strap in as we weave through the intricate maze of trials, focus groups, and the relentless journey of personal growth as a trial lawyer. In this episode, you will hear: The importance of connecting with juries and clients to improve courtroom abilities. Trial preparation and practice in shaping lawyers, viewing failure as a stepping stone to success. Differentiating between narrative and adversarial focus groups, understanding their pros, cons, and application in jury selection and trial preparation. Emphasizing the significance of collaboration and repetition in conducting focus groups. Highlighting the importance of listening and using silence to an attorney's advantage. Analyzing the feasibility and costs of conducting focus groups and the role of narrative and adversarial focus groups in providing vital data for jury selection. Memorable anecdotes from trials and discussing the importance of preparation, especially in adversarial focus groups. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podc
Wed, July 26, 2023
How to Navigate and Assist Our Clients with Grief
Grief affects us all differently and can manifest in many ways beyond the loss itself. In this episode, I’m sharing valuable insights on how to better communicate with and support clients experiencing grief, how grief shows up mentally and physically for clients, and some practical tips for avoiding common communication pitfalls. As lawyers, we can better support our clients by learning to communicate with empathy and understanding. By listening without judgment, we can help clients identify and name their losses, and provide education and resources. With these simple strategies, we can make a real difference for our clients navigating grief and loss. In this episode, you will hear: Grief as a normal reaction to any loss or change, like loss of job, health, or freedom How grief manifests mentally with reduced focus, isolation, emotional rollercoaster, and numbness. How grief manifests physically with disturbed sleep, eating changes, body aches, and fatigue "I can't imagine how you feel" vs. "I know how you feel" Helping clients identify and name their losses – tangible or intangible Asking clients to tell you their story and listening without judgment Avoid common myths like "stay busy" or "be strong." Provide clients with education on grief and resources. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about Grief and The Grief Recovery Method visit: www.griefrecovery.com To download the free e-book on grief, visit: https://larricklawfirm.com/grief-recovery/ Episode Credits If you like this podcast and are thinking of creating your own, consi
Wed, July 19, 2023
Ways We Have Been Taught to Deal with Grief
Have you ever been told, in the midst of loss or grief, to 'stay busy' or 'give it time'? This episode explores how such childhood messages shape our perceptions of grief and loss. We'll be unpacking these often confusing and unhelpful strategies, shining a revealing light on how they can negatively impact our adult responses to grief. Then, we'll be discussing ways to reframe these ingrained messages and come up with supportive strategies that promote healthier processing of grief. Next, we'll venture into some invisible backpacks of unprocessed emotions, a weight we unknowingly carry from childhood. We'll uncover how these emotional burdens can manifest as short-term energy-relieving behaviors. Maybe you've noticed yourself overeating, drinking more, or shopping excessively. As professionals in the legal field, we'll dig deep into how our clients' behaviors can be connected to these emotions and how we can help them navigate their grief. This episode is a heartfelt journey for anyone, lawyer or not, seeking a better understanding of grief and its complex layers. In this episode, you will hear: Ways we've been told incorrectly during childhood to deal with grief Why time doesn’t heal grief; and what does? Invisible backpacks of childhood emotions Short-term energy-relieving behaviors and how lawyers can help clients process them Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about Grief and The Grief Recovery Method visit: www.griefrecovery.com To download the free e-book on grief, visit: https://larricklawfirm.com/grief-recovery/ Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldci
Wed, July 12, 2023
What is Grief?
Have you ever thought about the role grief plays in our lives, especially in a legal context? As a seasoned trial lawyer, I’m shedding light on this often-overlooked facet of litigation. Grief is not just a reaction to death, but a universal response to loss. From wrongful death cases to personal injury disputes, this emotional journey can be a complex maze. In this series, I guide you through my own experience with grief recovery, offering lessons that can aid your personal journey or provide understanding for your clients. We go beyond the conventional understanding of grief, debunking the myth of universal stages and exploring how it can be triggered by both tangible and intangible losses - a business split or a criminal case, for instance. It's time to realize that lawyers and their clients may not be cognizant of their own grief, and how it can be navigated. If you're a trial lawyer or anyone grappling with loss, this series presents a fresh perspective on grief and recovery. So, let's journey together through this complex spectrum of human emotion. In this episode, you will hear: Understanding grief and its many forms Understanding grief in trial law Misunderstandings about grief and loss Expanding the definition of grief Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: To learn more about Grief and The Grief Recovery Method visit: www.griefrecovery.com To download the free e-book on grief, visit: https://larricklawfirm.com/grief-recovery/ Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, July 05, 2023
Solving a Mediation Problem with John Rubin
Ever wondered how the legal world and technology intersect? Well, get ready to demystify that as we chat with John Rubin, an innovator changing the game in the legal scene. A seasoned lawyer and entrepreneur, John brings an in-depth look at how he's leveraged his experiences in the courtroom to create ground-breaking tools for attorneys and mediators. Join us as we navigate the legal landscape with John, exploring the concept of LitX (Litigation Exchange), a brilliant tool designed to enhance the efficiency of mediation. Probing deeper, we get to unveil the inner workings of LitX, its robust features, and how it's poised to transform the legal field. From its seamless integration with case management software to its secure, HIPAA-compliant environment, LitX is more than just a tool—it's a game changer. But the conversation doesn't stop there. Together, we unravel the future of legal case management and how LitX is leading the charge. With its freemium model and potential integrations, we delve into how John envisions the platform's evolution. Whether you're a lawyer, a mediator, or a technology enthusiast, this episode offers a unique perspective that you wouldn't want to miss. So, buckle up and join us for this enlightening conversation with John Rubin, and let's unearth the future of law and technology together! In this episode, you will hear: Becoming a full-time mediator Impact of startups on patients Chess game-like case management platform Inviting and sharing documents on LitX Cost-saving solution for the insurance industry Limitations of ChatGPT for legal research Creating LitX and an overview of LitX platform features Legal case management software features Freemium model and future integrations Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you want to learn more about LitX or try it for free, please visit: www.litx.legal Episode Credits If you like this p
Wed, June 28, 2023
DIY Focus Groups with Clint Schumacher
Imagine being able to improve your trial practice by utilizing DIY focus groups - well, that's exactly what our guest, Clint Schumacher, has been doing. As an attorney specializing in eminent domain cases, Clint shares his fascinating journey of implementing focus groups to enhance his practice, and how Zoom has become an essential tool in facilitating them. We also take a deep dive into recruitment strategies, discussing the importance of finding the right participants and sharing the tips and tricks Clint has learned along the way. When it comes to condemnation cases, people's emotional reactions are often at the forefront. Clint and I discuss the complexities of these cases, the inherent bias against the government taking property, and how to gauge the emotional value of a particular property case in order to better communicate with the jury. We also explore the scaling question, which measures how much people care about the case, as well as the importance of communicating facts clearly in focus groups. Setting up a virtual focus group may seem daunting, but we cover everything you need to know, from the geographic area to be sampled to the recruitment process and the electronic confidentiality form used. We also discuss the challenges of finding participants in rural areas and how Clint and his team have been successful in using Facebook ads and Google forms for recruitment. Finally, we touch on the challenges of virtual focus groups, the strategies needed to handle them, and the undeniable importance of focus groups for trial lawyers. Don't miss this engaging and informative conversation! In this episode, you will hear: DIY focus groups for trial lawyers Measuring emotional engagement in focus groups Virtual focus group process and challenges Managing remote meeting disruptions DIY focus groups for lawyers Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Clint Schumacher DAWSON & SODD, PLLC 8333 Douglas Avenue #380 Dallas, Texas 75225 Email: clint@dawsonsodd.com Phone: 214-373-8181 <p dir="ltr
Wed, June 21, 2023
REPLAY: 6 Spots to Run a Focus Group in Your Case
It's a new year and it's time to look at new opportunities and new ideas for you to plug in and use. Today, let’s start with the best time to run focus groups. Sure, you can run a focus group at any time. But if you want to get the most out of it, there are actually six spots to run a focus group in your case. These are great places to help you prepare the case better. You may not get through to the trial and just get through mediation. But these are all opportunities for you to grow the case better and to help you look at things with a new set of eyes. You can always do more – or less, but at least do one or two to have that outside perspective that will help keep you moving along. In this episode, you will hear: Running a focus group during case planning (before the lawsuit) What to focus on after key deposition testimony Why do short focus groups 30 days before mediation The purpose of a focus group 90 days before the end of discovery Things to consider 60 days before trial What to do 30 days before trial Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or suggestions, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, June 14, 2023
Setting up Your Focus Group System
Have you ever wondered how to set up a focus group system that not only saves you money but also provides invaluable feedback for your courtroom success? In this episode, I share my insights and experiences on creating your very own focus group that will help you improve your skills and case strategies. I cover the non-economic damages model, the confusion around it, and how it could create gaps in your case. Plus, I discuss how to eliminate a defense argument and even add facts to your case from the focus group feedback. We dive deeper into strategies for ensuring reliable feedback from your focus groups, such as preventing repeats, providing clear instructions, and utilizing the right tools for communication, payment, hosting meetings, and advertising. By treating participants with respect and making it easy for them to participate, you can guarantee they're engaged and providing honest feedback. Listen as I discuss how these strategies can help you get the practice and feedback needed for courtroom success. Lastly, I touch on streamlining focus group logistics by suggesting the use of tools like PayPal, Gmail, Google Calendar, and Dropbox. To help you get started, I'm offering a free download of my questionnaire. So hit play and join me in this episode to learn how to optimize your focus group system and ultimately improve your abilities in the courtroom. Don't forget to leave a review and follow the podcast to help others find it! In this episode, you will hear: Learning from focus groups The value of having a Gmail account Setting up and managing focus groups Ways to improve communication and directions How to select from a diverse focus group participants Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Please follow this link to download the Virtual Focus Group Checklist: https://fantastic-designer-3528.ck.page/635800b2c4 Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped m
Wed, June 07, 2023
Focus Group Recruiting with My Recruiter Rhonda
Discover the secrets to successfully recruiting focus group participants in our fascinating conversation with Rhonda, a seasoned virtual assistant based in Charleston, South Carolina. Learn how our innovative recruitment system, utilizing platforms like Craigslist and Facebook, has proven effective in drawing in participants from various locations across the US. Rhonda's own experience as a focus group participant drives her passion for helping others find the perfect candidates for their groups. In this episode, you will learn: The importance of advertising and maintaining an active Facebook page for focus group recruitment. How to utilize Google Forms and questionnaires to vet potential participants. The benefits of using a step-by-step email sequence to confirm attendance and manage expectations. The necessity of maintaining a master list and a no list to ensure proper eligibility and successful participation. How to handle payments through platforms like PayPal and Venmo, and stream line communication using email templates. Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, May 31, 2023
Witness Prep Role Play with Guest Christopher Russo
Roleplaying is a versatile technique that can be employed to prepare for challenging scenarios, including cross-examinations and depositions. As trial lawyers, it is an effective tool that can improve our preparedness to handle complex legal situations. Today's discussion will focus on roleplay's application in getting clients ready for testimony, whether it is for a deposition or trial. Christopher Russo, a seasoned lawyer with 32 years of experience, will be joining us to share his insights on this aspect of client preparation. During our session, we will delve into the common stumbling blocks that can arise during a deposition and explore techniques to avoid them. We will also discuss how gauging the personalities of our clients can aid in choosing the most effective roleplaying techniques. Our conversation centers on the value of roleplaying with clients, the importance of taking breaks during the process, and the benefits of roleplaying the deposition. By examining these topics, we hope to establish a more comprehensive understanding of how roleplaying can be utilized to enhance client confidence and performance in the courtroom. In this episode, you will hear: The common stumbling blocks in the deposition Gauging the personalities of your patients The value of roleplaying with a client Roleplaying the deposition The importance of taking breaks Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have a question or a case in Rhode Island, please reach out to Christopher crusso@kirshenbaumri.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, May 24, 2023
Book Review Influence is Your Superpower with Guest Jason Erlich
In this episode, we’re joined by Jason Erlich, an employment lawyer out in California, and we talk about a book we both read called “Influence is Your Superpower.” The author, Zoe Chance, put a lot of her research into this book about influence and the psychology of influence. As trial lawyers, we've got to deal with jurors, and we've got clients and influence adjusters. And so, this was a great book for me. Most people feel very uncomfortable trying to influence others. Reading the book and her ideas and approach, you will find that this is all about brain science. Basically, it gives us an understanding of how our brains work and how we can apply some of our thoughts, as trial lawyers, in talking to jurors, opposing counsel, mediators, or whoever else. It's also interesting how this could be applied in your personal life. It's always coming from a frame of good influence. She talks a lot about her class and what she has her class do, including a couple of experiments that they do. So it's a very fun, light read where you will also find some interesting and applicable concepts. In this episode, you will hear: The gator brain vs the judge brain How to deal with a juror who disagrees with you How to deal with a juror who is bad for you The importance of focus groups in detecting a liar How to deal with disagreement in focus groups How we say things and ask people Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Learn more about the author Zoe Chance: www.ZoeChance.com Purchase the book Influence is Your SuperPower: https://www.amazon.com/Influence-Your-Superpower-Science-Sparking/dp/B0977SM1QZ/ref=sr_1_1?crid=6UMI53ZQAE1C&keywords=zoe+chance&qid=1683921866&sprefix=zoe+chanc%2Caps%2C118&sr=8-1 Big Thanks to Guest Jason Erlich! If you would like to learn more about Jason and his
Wed, May 17, 2023
Mediation and Focus Group Clips
In this episode, we explore how focus group clips can be used as tools in mediations. Specifically, I’m sharing five simple things that we can do as plaintiff's lawyers to help our mediations, as presented by a loved and respected mediator on both sides of the aisle. Learn about virtual versus in-person mediations and strategies for client preparation, such as sending a demand before the mediation. The episode also covers negotiation styles and risk ranges on a case, as well as how to effectively use focus group clips in mediation. With the growing prevalence of virtual mediations, you’re also going to pick up some valuable tips for navigating this format and achieving successful outcomes. In this episode, you will hear: Virtual mediations vs. in-person mediations Ways to prepare your client for the mediation Sending a demand before the mediation Negotiation styles (ex. positional bargaining and principled negotiation) The ranges of risk on a case How to use focus group clips for mediation Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, May 10, 2023
Back to the Basics of Witness Preparation Techniques
When we're preparing a client for testimony, whether for deposition or trial, there are basic concepts you need to keep in mind. As trial lawyers, we could be so engulfed in a lot of things that sometimes, we need to step back and look at things from a ground-level perspective. In this episode, I’m going to discuss these three basic concepts: teaching, communication, and timing. We’re going to touch on the power of visuals, the things that go into preparing for deposition, and how one-on-one meetings can help clients understand what they’re asking. We want to make sure that we nail down some of these concepts before we get into content. In this episode, you will hear: Teaching: Use of visual aids, writing vs. reading The value in creating a timeline Understanding people’s learning styles: auditory, visual, or combined Using legal and medical terms Keeping clients from information overload or TMI Communication: Primacy and recency Timing: When to start and repetition Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, May 03, 2023
Video Clips and Focus Groups
Don't skip out on measuring the credibility of your witnesses and seeing the power of influence that they have over the decision-makers in your case. And one of the best ways to do that is through witness clips. In this episode, we discuss the importance and the usability of witness clips in a focus group. Through witness preparation, you can create a more effective focus group by giving your client a better understanding of how they are perceived by outsiders. Witness clips can help them identify areas where they need to improve their credibility and provide insights into how they can present themselves better in a focus group setting. Let’s dive in and learn how the use of witness clips is an essential component of witness preparation so you can help make your focus group more effective and efficient. By being properly prepared, your client can make the most out of their participation in the focus group and ultimately provide you with more valuable insights into your research. In this episode, you will hear: Witness preparation is key. The importance of keeping a clear mind Understanding the value and power of witness testimony Why start using video clips in focus groups Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, April 26, 2023
Tips for Building Your Team for Jury Selection
When you're going to get ready for trial, and you're building your team to help you pick a jury, you don't actually need a lot of people. Perhaps one to three people would suffice. Building a small group will help things become more structured for you. That being said, you’ve got to pick people that match up with your ideology on picking a jury altogether. Then let them in on what would help you best as a lawyer. In this episode, I’m sharing my recent experience of helping a fellow lawyer pick a jury. They wanted my perspective as a female trial lawyer so I decided to show up. There were a couple of things that happened on the fly that I’m going to share here, which are things you may want to consider as you’re building your own team for jury selection. In this episode, you will hear: A strategy that worked well Different ways of taking notes Things to consider when you’re building a team The benefits of taking notes and having notetakers Why you want to only build a small group Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, April 19, 2023
Focus Group with Guest Lucas Foust
None of us are smart enough for our audience to even remember anything we've ever said. They're not going to remember anything, but they will remember how we made them feel. Hence, having that sixth sense is what separates great attorneys from the not-so-great. While you’ll never be able to figure jurors out, you can always at least get a better idea of what is going right and what is going wrong in the cases you’re handling. If you're interviewing and you want to have a positive result in anything, you should have some background or understanding of that audience. In today’s discussion, I’m joined by Lucas Foust to talk all about focus groups, the different focus groups they’re using, and how using them has become a valuable resource. In this episode, you will hear: Their process of running focus groups The value of figuring out your hits The power of using videos in focus groups The benefits of running virtual focus groups The impact of using checklists Valuable time vs. busy work Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Lucas Foust Lfoust@foustlaw.net Website: https://www.lucasfoustlaw.com/ www.rev.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, April 12, 2023
Voice Coach Rena Cook on Ways to Empower Your Voice
Many successful attorneys learned to be successful by being louder and stronger. And for women, being louder and stronger doesn't necessarily mean success. Sometimes louder and stronger means aggressive and shrill. In today's episode, Rena Cook joins us to talk about how she helps women attorneys command a great deal of authority and strength without being shrill, and how you, too, can improve your voice as a trial lawyer. Rena Cook is a TEDx speaker, author, trainer, coach, and the founder of Vocal Authority, a training consultancy serving corporate clients – attorneys, politicians, teachers, sales teams, and CEOs – who want to use their voices in more commanding and authentic ways. Rena is the author of Empower Your Voice: For Women in Business, Politics, and Life; Her Voice in Law published by the ABA; and Voice and the Young Actor, used in drama programs throughout the US and the UK. She co-edited Breath in Action: The Art of Breath in Vocal and Holistic Practice. Rena taught high school drama for 16 years before she graduated to higher education. For the next two decades, she taught professionally bound actors, many of whom can be seen on Broadway, film, and television. Through Vocal Authority, Rena adapts actor training techniques to help individuals and groups be more confident and dynamic communicators. In this episode, you will hear: Breathing deeply to keep the brain engaged The importance of the last word of sentences Techniques using breath and space to improve your voice The power of change and variety Common mistakes people make with their voice How to plan out your movement on transitions Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Rena Cook Email: renacook@cox.net Website: www.myvocalauthority.com Book: Her Voice in Law Purchase here If you have questions or a particularly challenging client
Wed, April 05, 2023
How Lawyers Can Build Trust Through Podcasting with Guest Danny Ozment
One of the most effective ways lawyers and other businesses can reach their audience is through podcasting. But without the right tools, the right people, and a clear purpose as to why you’re doing this, it can be so easy to get overwhelmed and lose focus on why you started the podcast in the first place. Joining us today is podcast producer Danny Ozment and he talks all about podcasting – the benefits of having a podcast, how you can maximize your content, and some strategies to make sure you’re able to produce content consistently. As a business owner himself, Danny is aware that he can’t do everything on his own, otherwise his business is never going to grow. And so, he has been advocating for people to do the same, regardless of the industry they’re in. In this episode, you will hear: Reasons many podcasts don’t make it past 15 episodes How to deal with a creativity block What is ordinary to you is magic to someone else. The value of repurposing content and how it works Tools you can use to help you with repurposing content How podcasting can help you with the trust factor The power of niching down your podcast to a specific audience Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, March 29, 2023
Cross Exam with Patricia Kuendig and Tanya Ortega
As trial lawyers, we can't be stagnant. People change, cultures change, our jurors change, and how they process information changes. And so, as trial lawyers, our profession is one where we have to keep working on it until we decide we're done. Joining today's episode are Patricia Kuendig and Tanya Ortega to talk all about cross-exam – the importance of sequencing your cross-examination chapters, the basic structure of a cross-exam, and how to deal with objectors. They also share the value of a game plan with your cross-exam, which allows you to be much more organized and quicker. They also talk about women empowerment and how they're creating a collaborative community of women trial lawyers, because there's so much comfort in knowing that you're not alone. Hopefully, these women can tap into the magic that they can create in the courtroom, which is also very different from their male counterparts. As women lawyers, there's something that we can bring to trials and to our practice, that men cannot. And so, we need to harness that, live the truth, and be the future of the practice. Patricia has a diverse practice in almost every field, helping a lot of folks all over the country. Whereas Tanya does a lot of Personal Injury cases and Trust Litigation. She also handles Personal Injury, with a specialty in brain injuries. In this episode, you will hear: The importance of sequencing your cross-examination chapters How to keep your tone in focus groups Advice on how to deal with super objectors Collaborating with other women attorneys How to put together a cross-examination Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you are interested in attending the September 28 - Oct 1, 2023 cross-exam workshop “She Crosses” please email Patricia or Tanya directly. Patricia Kuendig Email: Patricia@kuendiglaw.com Learn more: https://www.doddandkuendig.com/our-attorneys/patricia-kuendig/ Tanya Ortega Email: Tanya@theortegafirm.com <p dir="ltr
Wed, March 22, 2023
REPLAY: Laurie Koller & Her Favorite Part of Trial: Voir Dire
Jury selection: either trial lawyers hate it – or love it. Although many trial lawyers are afraid of it, jury selection never gets old. You will be getting different stories, different personalities, and different answers each time. But it takes a lot of practice to get better at it. The skills required for it are learned, practiced, and honed for hours and hours. Today’s guest, Laurie Koller, a practicing lawyer for 31 years now, shares her experiences doing jury selection and the things she loves about it the most. Laurie talks about the importance of running focus groups in jury selection as well as the benefits of hiring a voice coach. She also talks about the book that she co-wrote with Rena Cook, called Her Voice in Law, which teaches vocal technique, especially for women in the courtroom. In this episode, you will hear: What it was like going through the pandemic in Oklahoma Her experience working with David Ball The benefits of getting a voice coach The importance of having awareness of time Tips for running focus groups in jury selection What you can do to get better at jury selection Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Laurie Koller Laurie@kollertriallaw.com https://kollertriallaw.com/about-koller-trial-law/ Her Voice in Law by Laurie Koller and Rena Cook https://www.americanbar.org/products/inv/book/393310705/ Rena Cook https://myvocalauthority.com/about/ Lexlee Overton https://mindoverlaw.com/about/ Theater for Trial by David Ball and Joshua Karton https://www.trialguides.com/collections/books/products/theater-for-trial Episode Cred
Wed, March 15, 2023
Questions to Ask When Fine-Tuning Your Opening Statement
Creating opening statements is one of the common problems we see as trial lawyers. Opening statements are the first look that the jurors have at the case. Naturally, you would talk to them about principles and circumstances, and maybe some rules in jury selection. But a lot of times, once we get to the opening statement, it can get long and drawn out. In this episode, I’m going to talk about some questions you need to ask yourself as you’re fine-tuning your opening statement, to make sure you get your message across to the jurors without leaving them all confused and frustrated. In this episode, you will hear: The “mousetrap” opening statement Understanding the depth of information, knowledge, or experience of the jurors with the facts and circumstances of the case Checking how many times you’re repeating things The importance of identifying your strongest points Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: For a more detailed analysis of the Mouse Trap opening Statement check out this blog: https://larricklawfirm.com/avoiding-the-mouse-trap-opening-statement/ Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, March 08, 2023
Focus Groups for Trial
In today's episode, we talk about focus groups to do for trial, whether that's 30 days or 60 days before your trial date. You may also choose to do this earlier. But most of the time, there are pending motions that need to be rolled on, such as mediations that people need to get through to get to the point and for them to really speak their minds. Listen in to know more about the different focus groups that are geared towards trial and what each focus group entails. The whole purpose of this focus group is because you're going to trial. Therefore, you have to put in the commitment and the legwork needed for you to get the information you need. In this episode, you will hear: What a mock trial looks like and its purpose A modified approach to a mock trial or an adversarial group Opening statements of the two parties and discussions based on them Examples of ways to prepare for trial The value of demonstrative evidence Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, March 01, 2023
The Before and After Witness Prep Template by Courtney Wilson
Having before and after witnesses is very useful to help tell your client's story from an outside perspective. They can often talk about damages in a way that your client can't, and may shed light on changes that your client isn’t even aware of. A well-prepared witness is able to talk about the changes in your client's life in an authentic way, without burdening your client with the labels of "whiner" or "complainer" that may come with explaining how they’ve been affected. When used thoughtfully, before and after witness testimony can do the heavy lifting of telling the story of the damages. As trial lawyers, it’s important that we’re able to build a level of trust and comfort with our clients and witnesses. But building that relationship just doesn’t happen overnight. In today’s conversation, Courtney Wilson takes a deep dive into the three-step process for building trust with your before and after witnesses. Courtney currently practices personal injury law and medical malpractice law in Mississippi. In this episode, you will hear: Finding two to three people talking about the client’s experience How to build trust with your before and after witnesses The importance of explaining the why of the case Assignments for your witnesses to get more information Why stories are more compelling than an expert talking about the injury Managing the fears and concerns of before and after witnesses Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Courtney Wilson courtney@tyneslawfirm.com Tynes Law Firm https://www.tyneslawfirm.com/courtney-parker-wilson/ Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emera
Wed, February 22, 2023
Trial Continuance Fatigue with Guest Bijan Darvish
There are a ton of reasons that a trial could be delayed and reset, whether that’s continuances due to scheduling conflicts, the witnesses being on vacation, or whatever. At a certain point, after the second continuance, you start to get a little fatigued, almost burnt out on the case, and you begin to lose motivation. Burnout is real, and so is trial continuance fatigue. And so, how do we prevent this from happening as trial lawyers and keep the momentum of the case? In this episode, we're going to tackle trial continuance fatigue with our guest, Bijan Darvish, who practices employment law in Orange County, California. Prior to lawyering, Bijan was previously a police officer who was unfortunately wrongfully accused and had to go through the process that an employee would have to go through to clear his name. He went through the criminal process where he got fully acquitted, then he had to go through suing his employer, for which he also was successful in doing. All that experience and process that opened his eyes led him to go into law school. In this episode, you will hear: What is continuance fatigue? The benefits of creating a schedule Switching things up for the focus groups The benefits of focus groups How to shorten the opening statement The value of having a transcript Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Episode 061: Jason Erlich and Crafting a Client Direct Exam https://larricklawfirm.com/jason-erlich-and-crafting-a-client-direct-exam If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Bijan Darvish Law Office of Bijan Darvish, APC 17011 Beach Blvd., Suite 900</p
Wed, February 15, 2023
Trial Organization and Management
Continuing this trial series today, we talk about trial management and organization, specifically, about organizing your team, organizing documents, and how to manage that day-to-day change with your team. As you replicate trial organization over and over, it helps the trial team handle uncertainties and changes as well as focus more on the key things they need to prioritize. Trials have different levels of management due to a number of variables – the number of witnesses, the duration of each trial, and even the types of trials (wrongful death, medical malpractice, or premises liability). But no matter what, applying the exact same strategy for organizing people and documents is one of the keys to achieving success. When you start this organization at a smaller level, it's just going to make it easier to apply it when it gets to a bigger level with more information, more people, and more documents to manage. In this episode, you will hear: Forming the team and identifying each one’s designation Using the binder system for organizing people and documents The importance of team meetings after the trial The deposition designations and motions Managing the day-to-day life of a trial Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, February 08, 2023
Opening Statement Content Creation
Opening statements are one of the coolest things in that the plaintiff can go first procedurally. The question is how can you take advantage of being first? In today’s episode, we discuss the ways that lawyers can lose the advantage of being first. Many trial lawyers have this tendency to have long opening statements that can bore the jurors. Therefore, you don’t want to lose their attention, confuse them, or frustrate them. We also talk about how to craft a great opening statement. An audience will forgive your delivery if your content is good. But they can't forgive you if both your content and delivery suck. So you want to make sure you’re able to plan out your content really well to make sure you don’t miss anything, In this episode, you will hear: Ways you can lose the advantage of being first The importance of writing your opening statement on paper The benefits of typing what you’ve handwritten Why print and edit it handwritten Things to add to your content The benefits of running a focus group for your opening statement Examples of cases that highlight the power of a great opening statement Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Have a topic for a podcast episode? Question for Elizabeth? Email her directly: Elizabeth@larricklawfirm.com Episode Credits If you
Wed, February 01, 2023
Jason Erlich and Crafting a Client Direct Exam
Preparing and working with the client is so critical to a good direct exam. Success starts with our clients going in with a mindset that the jury consists of smart people who can smell good versus bad. Therefore, they just have to set their fears aside and trust the process. We also have to ask enough questions to get the information we need while making them feel at ease and comfortable. The challenge is to keep the direct exam conversational and simple. In today’s episode, we’re joined by Jason Erlich, an employment attorney who exclusively represents workers who have been treated wrongfully. Jason handles cases related to workplace disputes, such as wrongful termination, wage and hour violations, sexual harassment, and class action lawsuits. In this episode, you will hear: The three things that make a successful direct client exam Eliciting an emotional response from a client Preparing direct exam questions Things to prioritize for the direct exam Making last-minute changes to your questions based on the opening statement and witness testimony Visual aids he used in the courtroom Free-flow questioning vs. sticking to a script Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Website: https://erlich.lawyer/attorneys/jason-erlich/ If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: <a href= "mailto:elizabeth@
Wed, January 25, 2023
Three Things That Can Shut Down Clients in a Prep Session
As trial lawyers, it's important to remind ourselves about our goals for preparation for any case event. Even when that person has been deposed before or they've been to a hearing before, it's still best that we provide them with a roadmap. First, make sure to teach them about what the whole event is and how it fits into the case. Then talk about what they can expect and correct any bad expectations if they have any. Ultimately, you want to gear them up for their role. Either way, it's a give-and-take conversation. Otherwise, people will hold on to misinformation or misconception that causes confusion, and sometimes anger when it doesn't go the way they think it's supposed to. The last thing you want to do with any client is to shut them down. In this episode, I’m going to discuss the things that we could be doing, whether consciously or subconsciously, that can shut people down – and some ways we could do better as trial lawyers. In this episode, you will hear: How to avoid interrupting people Why client comparison shuts down a client Things to consider when using yourself as an example Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https
Wed, January 18, 2023
4 Elements That Can Lead to a Focus Group Flop
We spend a lot of time working up our cases. We spend a lot of hours on discovery and go into deposition testimony to form that strategy, that we can test with focus groups. But if we get unreliable feedback, then it’s just a waste of our energy, time, and resources. In this episode, we're going to talk about the four factors that can cause unreliable feedback from focus groups, and what you should do to avoid them. The ultimate goal is to always have quality feedback so we can rely on it, use it, put it into our cases, format it, and make our cases better. In this episode, you will hear: Why you need to avoid repeat participants Revealing your back office Planting things that hold the presentation down Delivering information in a way that allows them to process it Using visual aids in your presentation to keep the people engaged Being careful with slanted questions Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com <span style="fo
Wed, January 11, 2023
6 Spots to Run a Focus Group in Your Case
It's a new year and it's time to look at new opportunities and new ideas for you to plug in and use. Today, let’s start with the best time to run focus groups. Sure, you can run a focus group at any time. But if you want to get the most out of it, there are actually six spots to run a focus group in your case. These are great places to help you prepare the case better. You may not get through to the trial and just get through mediation. But these are all opportunities for you to grow the case better and to help you look at things with a new set of eyes. You can always do more – or less, but at least do one or two to have that outside perspective that will help keep you moving along. In this episode, you will hear: Running a focus group during case planning (before the lawsuit) What to focus on after key deposition testimony Why do short focus groups 30 days before mediation The purpose of a focus group 90 days before the end of discovery Things to consider 60 days before trial What to do 30 days before trial Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or suggestions, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at <a href="http
Wed, December 28, 2022
22 Lessons from 2022
In today’s episode, I’m sharing 22 lessons from 2022 – things that I have picked up on this year, things I have studied, and things where I just had some aha moments. These are valuable lessons that have helped me and my practice big time – from keeping up to date with technology and using visuals in focus groups and even during prep – all the way to letting go of toxic clients, investing in a coach to help you level up, and investing for retirement. It’s so easy to get lost and forget all the things we’ve learned from previous years. Therefore, it’s important to take the time to reflect on these and potentially use them as our basis for creating next year’s strategies and game plans as we move on to the future. In this episode, you will hear: Double-checking your technology for uploading documents How virtual assistants can help you How to solve spam coming in from focus groups The power of using visual aids and videos Mindset is key for lawyers – and clients Using visuals for preparation Letting go of toxic clients Investing in a coach to help get you to the next level Looking for ways to save for retirement Why you need to have a visual aid for timelines Making a conscious effort to take a vacation Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Wed, December 21, 2022
Lawyer Mindset for Deposition Preparation
As a trial lawyer, what is your mindset around deposition preparation? Today, we focus our discussion around that. Lawyers have different mindsets going into deposition preparation. You want to get the most value from every single case but it's also important to do things using a humanistic approach. At the end of the day, our mindset should be focused on helping our client as they go through seemingly difficult chapters in their lives. They're probably going through something horrible, whether that's related to employment, injury, or a business situation – that’s impacting their life. And as their lawyer, you’re there to help them deal with whatever legal situation they’re in. In this episode, you will hear: The different mindsets lawyers have when approaching deposition Selling your case is a disappointing mindset The importance of shifting your mindset and using a humanistic approach How your 30-minute conversations reflect the value you want to have Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, December 14, 2022
Case Planning Tool: The Pre-Litigation Focus Group
As we’re approaching 2023, this is the perfect time for planning, especially if you have cases that are going to be filed in 2023. And one useful case planning tool is a pre-litigation focus group. Maybe you’ve had this case for a couple of months now and you’ve done a little bit of investigating. So you have a little understanding of the facts around what happened, but you haven't actually filed the case yet. This can also be the time for you to use a pre-litigation focus group for more in-depth planning. The perfect time to use a focus group is when you have the information that allows you to make some predictions, and there aren't any huge missing facts going on so you can pretty well predict the damages. In this episode, I’m going to discuss planning for focus groups before you file a case, the importance of a pre-litigation focus group, what it looks like, what things you need to be looking for, and the benefits of using it. In this episode, you will hear: What happens during the pre-litigation focus group Questions to ask and where to gather more information Factoring in your expenses in terms of time and money Ways to pick a case for a pre-litigation focus group Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Email with questions? Elizabeth@larricklawfirm.com Download for FREE the Virtual FG Checklist https://fantastic-designer-3528.ck.page/635800b2c4 <str
Wed, December 07, 2022
4 Simple Tips for Successful Client Preparation
As a trial lawyer, you probably know what goes into client preparation like the back of your hand but there could still be things missing in your process that you wish to improve on. In this episode, I’m going to discuss four simple advice tips for successful client prep. These are simple yet sometimes overlooked, tried and true tips for nearly every single client and every single case. These are small things you don’t want to miss during client preparation so you can learn more about the client, have an easier time preparing the case, and have more success at your client depositions. In this episode, you will hear: Why you should prepare the client alone The pitfalls of preparing people together Giving the client homework before the first client preparation session The importance of creating timelines together and making them interactive Breaking down the client preparation into two sessions Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Got a suggestion for an episode? Question to ponder? Email Elizabeth Elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, November 30, 2022
054: Bonding v. Preparing a Client for Deposition
Bonding versus preparing a client for deposition are two things that we are told we need to do as trial lawyers to set ourselves up for success. Indeed, both are vital and important parts of client interaction, but where do we draw the line between the two? Sometimes, when you’ve already built a solid relationship with a client, this can be difficult to separate. But bonding and preparing a client for deposition are two different things. They serve different purposes. Bonding is taking a separate interest in our clients, outside of the legal matter. It's as simple as asking clients about their families or sharing a common interest. You could also be sharing with this person about yourself or other family details. It's an important part of any relationship because it helps establish rapport with people. Conversely, preparing a client for deposition is a highly focused training and coaching task that involves things like teaching the client what to expect. In this episode, we’re going to talk more about how they’re different and what you can do to resist the urge to bond with a client so you can bring it all back to the main task of preparing them for deposition. In this episode, you will hear: How small talk sets you up for success Your specific tasks as you’re preparing your client for deposition Things you have to do during preparation, which you never do when bonding Resisting the urge to move into the relationship-building mode Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Influence by Robert Cialdini : https://www.amazon.com/Influence-Psychology-Persuasion-Robert-Cialdini/dp/006124189X How to Win Friends and Influence People by Dale Carnegie:
Wed, November 23, 2022
Using Documents in Client Depo Preparation: How to Decide
Every witness gets asked about what documents they used to prepare. As lawyers, we have to be on the front end of things before meeting the client. This week, we are going to continue our two-part series on how to decide what documents to use in deposition prep. Whether it’s personal injury, an employment issue, or a business dispute, cases involve dealing with a ton of documents. Depending on the type of case, think about tens and thousands of medical records, employment files, or email communications. As a lawyer, all this can get super overwhelming. Therefore, having a good organization of these documents is definitely a must. The sooner you can start organizing cases, the better. You’re able to better prepare yourself for events such as hearings, depositions, and mediation. In this episode, you will hear: Two sets of documents you need to prepare Creating a list of “must” documents The importance of preparing visuals Documents in the case that are already discoverable Asking how a document can help or hurt Looking at the 30,000-foot view of helping them Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Comments? Questions? Please email me: elizabeth@larricklawfirm.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are list
Wed, November 16, 2022
My Journey to Witness Coaching
In this episode, let's take a backtrack to reflect on how I got to this whole spot of podcasting. I'm also sharing lessons we can all take away and use in witness preparation and coaching. Witness coaching may sound negative because you might think you're just coaching them on what to say. But try to look at this in a different way and turn this from a different angle. Witness coaching is really about seeing things that the other person can't see that they’re doing. Additionally, an overconfident witness can end up getting tripped up really quickly on a cross-exam. And so, we want to be able to prepare people and coach witnesses to do the best they possibly can. In this episode, you will hear: My journey as a trial lawyer in depositions My memory of having to testify in a restraining order hearing at 17 The importance of witness coaching Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, November 09, 2022
Using Documents in Client Deposition Preparation: What to Know
In today's episode, we are going to focus on documents in deposition preparation, focusing on clients, not experts. This is an important but highly ignored topic, mainly because as lawyers, we have easy privileges and we don't get any pushback. However, there may be situations where it's a really close call. No matter where you are in terms of knowledge on this topic or even experience, this is a good refresher because we're looking at situations and cases that are involving volumes of documents. Think about a business dispute, a personal injury case, or lots of medical records. Think about an employment case where there's a huge volume of employment files to go through. Traditionally, when we're getting ready for deposition prep, we're going to use documents to help refresh the client's memory. Generally speaking, several months or even years can lapse in these lawsuits before the deposition comes around. We want to specifically show pages to the client because we know that they're going to be scrutinized over what's in the documents. And so, we want to review them because document questions can be tricky. In this episode, you will hear: The importance of reviewing documents for deposition preparation The role of the lawyer-client privilege The communication piece of the lawyer-client privilege The work product piece of the lawyer-client privilege Determining whether it’s worth the fight Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: For Texas lawyers: Lawyer-Client Privilege Texas Rule of Evidence 503 <a href= "https://casetext.com/rule/texas-court-rules/texas-rules-of-evidence/article-
Wed, November 02, 2022
Elon Musk and Deposition Pressure
Today, we talk about deposition pressure, specifically, this real-life example of the “Elon Musk vs. Twitter” lawsuit. Just to give you a little backstory, Elon Musk was supposed to buy Twitter, and then he decided to back out in July which prompted Twitter to file a lawsuit. On October 6, Elon Musk was scheduled to face a deposition, and then all of a sudden, a letter comes across from Elon Musk's lawyer over to the other side, saying that he will follow through. He will do everything in the agreement, as long as they can stop the lawsuit. This is a perfect example of how deposition pressure can make people stop and just want to end things quickly because they don’t want to face it. It’s always a risky proposition to walk into a deposition, and that pressure can cause anybody to crumble – even a billionaire like Elon Musk. Therefore, preparation is key, no matter who you are. In this episode, you will hear: How Elon’s letter disarmed Twitter Why Elon decided to stop the deposition The pressure that could come in a deposition Why rules and their enforcement are helpful for everybody Why preparing for deposition is very important Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Here is a link to a short but brilliant analysis of Elon Musk deposition pressures: https://overcast.fm/+XutRyCFsg/01:28 Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me
Wed, October 26, 2022
Laurie Koller & Her Favorite Part of Trial: Voir Dire
Jury selection: either trial lawyers hate it – or love it. Although many trial lawyers are afraid of it, jury selection never gets old. You will be getting different stories, different personalities, and different answers each time. But it takes a lot of practice to get better at it. The skills required for it are learned, practiced, and honed for hours and hours. Today’s guest, Laurie Koller, a practicing lawyer for 31 years now, shares her experiences doing jury selection and the things she loves about it the most. Laurie talks about the importance of running focus groups in jury selection as well as the benefits of hiring a voice coach. She also talks about the book that she co-wrote with Rena Cook, called Her Voice in Law, which teaches vocal technique, especially for women in the courtroom. In this episode, you will hear: What it was like going through the pandemic in Oklahoma Her experience working with David Ball The benefits of getting a voice coach The importance of having awareness of time Tips for running focus groups in jury selection What you can do to get better at jury selection Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Laurie Koller Laurie@kollertriallaw.com https://kollertriallaw.com/about-koller-trial-law/ <span
Wed, October 19, 2022
Live Replay: Focus Groups and Mediation
Not a fan of running focus groups before mediation? Hopefully, after listening to this episode, you will see the value of running focus groups before mediation. As trial lawyers, we all want clarity and certainty in any given case and focus groups can help provide those even as you’re preparing for mediation. Whether you settle, which is great, or you don't, you're still going to have this great information from running a focus group. It's going to help boost the case value as well as your confidence in your case and how you've put it all together. If you really want to wait until after mediation to run focus groups, that's fine. But just know that if you're preparing for trial, you can't just run with whatever theory you have. You have to test out different theories in order to make a strong case. With a focus group prior to mediation, you have the advantage of testing out theories, giving you a leg up. In this episode, you will hear: The benefits of doing a focus group before mediation Examples of scenarios people run focus groups before mediation The need for a neutral moderator The exchange value of running a focus group Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Question? Comments? Please email: Elizabeth@larricklawfirm.com Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at <a href="https://emeraldcitypro.
Wed, October 12, 2022
Quick Tip on Using the Jury Questions in Trial Prep
One of the ways trial lawyers can prepare people for trial is the jury instructions where you basically look at how your client can help the jury answer the questions. Now, it doesn't matter what level of intelligence or understanding a client is. That's just the way a trial goes. The questions that the jury is going to have to answer should always be the target. This way, you can help the client focus and narrow down on the information that they can help the jury with. In this episode, you will hear: Looking at how the client can help the jury answer the questions Identifying which questions should be answered Recognizing what they can bring to the jury that’s unique Sitting down for trial prep in-person Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com . Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
Wed, October 05, 2022
Times are Changing, Did your Prep?
Times have changed. And after the pandemic, things have shifted yet again. The question is, are you changing with the times? Are you preparing your clients in the best way to make it easy and simple for everyone involved? There is currently a huge push into mediation, not trial. In fact, the whole thing about "saving on costs" has gone out the window. But what didn't really shift is the trial lawyer’s mindset on the client's day in court. Along with that shift was the "OG" style of preparing a client or a witness for a deposition. Depositions are where major decisions are being made so you have to work smarter around that. Today, we are going to delve more into this huge shift in personal injury practice, particularly, from a trial-focused practice to a mediation-focused practice. You will also learn about the history of mediation, and how it crept into what we do as trial lawyers in the personal injury realm. Whether you’re preparing for mediation or trial, it’s time to step up and make sure you’ve got all your bases covered. In this episode, you will hear: The history of mediation practice The shift to mediation is one of the biggest hammers for trial lawyers. The OG style of deposition prep How to get through without damaging your case Giving a list of don’ts Depositions are the battleground. The importance of breaking up your prep and giving enough time to your clients Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you
Wed, September 28, 2022
Using Focus Groups to Find Case Values
Not sure about the case value of a case? Finding case values can be really difficult. Sometimes, cases are difficult to assess. Maybe you're just not sure how to evaluate this case. There are three sources lawyers generally tap into when it comes to evaluating cases. First, they could use their own experiences, which can be great, but at times, it can be limited. Maybe because they haven't practiced very long, or maybe because the facts are unique or the case itself is unique. Second, lawyers can tap into other people's experiences either by asking other lawyers who have handled a similar case. They may also use a Listserv where they can ask other lawyers in the same profession or organizations. Third, lawyers could look into jury verdicts in their location or jurisdiction. In this episode, I’m going to share another way of finding case values, which is by running focus groups, and learn how you can use focus groups to get the most reliable data possible. In this episode, you will hear: Understanding there are different categories of ways to run focus groups Using focus groups to find case value vs. quantitative studies Some cautions to think about when running the focus group Striving to learn more but also questioning the reliability of the data Different factors that determine the success of a focus group The challenge to stay neutral as a presenter to gather reliable data Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: If you have a question or a suggestion for an episode, please email me: <a href= "mailto
Wed, September 21, 2022
Using Deposition Objections as a Band-Aid
Are you using objections as a band-aid for a lack of preparation? You may be sitting in a deposition where you’re taking the deposition of the defendant. Then as you’re asking tough questions or questions that get to the heart of the case, the defense lawyer would suddenly pop up and say, "Objection Form." Defense lawyers use this as a tactic to send a message to the witness. The defendant would then respond by saying they don't recall. This is a cycle that we see pretty often in depositions and it can get frustrating as a lawyer. But what happens when you're using the objection form as a band-aid for preparation? In today's episode, we are going to look at this very mechanical piece of depositions: objections. Specifically, we're going to be looking at the objection form used during a client deposition. In Texas practice, for example, this is the only permissible objection under our civil procedural rules, and this is the same way in most jurisdictions. And so, you want to make sure that the client gets the questions that they can answer, or at least neutralize them. But you don't have to jump in and hit the Objection Form button. That’s why it’s very important to have a checklist of things so you come to depositions confident and prepared. In this episode, you will hear: What happens if you don’t have enough depositions When you’re raising the red flag, everybody sees it The importance of creating a checklist for deposition How to create a checklist to prepare for deposition Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: 040: Guest Interview Michael Neff: Client Deposition Preparation in Premises Liability Cases <a href= "https:
Wed, September 14, 2022
Into the Workings of a Medical Illustrator with Annie Gough
People say that a picture says a thousand words, and this holds true when you have illustrations during the trial. That’s the power of visuals – they tell a story, simplify complex concepts, and educate the audience in the easiest and best way possible. In today’s episode, Annie Gough, independent Certified Medical Illustrator, talks about how medical illustrators work and what it means to you in your practice. With over 20 years of experience in traumatic injury, medical malpractice, wrongful death, and product defect cases, Annie provides anatomical and surgical illustrations along with visual exhibit consultation on demand letters, expert depositions, mediation, and courtroom presentations. As trial lawyers, we want to be able to let the jury go into the story of the client. They may not have personally experienced going to the emergency room or having neck surgery. But being able to educate them with visual aids will help bring them into the experience your clients have had. Even just a single illustration can set the stage and turn it into a story or a movie so the jury can truly visualize it. In this episode, you will hear: Annie’s path to medical illustration The most difficult things to educate people on The best way to show an injury The importance of animation in medical malpractice cases What it’s like to work with a lawyer How lawyers can benefit from reading her book Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: You can buy Annie’s book here: <a href= "https://www.amazon.com/Injury-Illustrated-Medic
Wed, September 07, 2022
Guest Courtney Wilson on Adversarial Focus Groups
If you haven’t ever tried running an adversarial focus group, or any focus group for that matter, then you better start considering doing it to get the most out of deposition or trial. We’ve pretty much covered a lot of topics on focus groups in our previous episodes. Today, we specifically delve into Adversarial Focus Groups. They are similar to mock trials. The difference is that an adversarial focus group requires continual constant voting. That way, you have the ability to watch the needle move in between different pieces of evidence and in different witnesses. An adversarial focus group is probably the most in-depth thing that you could possibly do to get feedback. You’re giving the participants the best of everything – from the plaintiff and defense to everything you need to fine-tune your case. Joining us today is Courtney Wilson who runs a practice on the Gulf Coast in Mississippi, doing plaintiff's personal injury lawsuits exclusively. In the last couple of years, their practice has narrowed down to doing mostly medical malpractice and product liability. Courtney works extremely hard with motions and briefing. She first came across focus groups back in 2016 and seeing the benefits of running them, she has been doing it since. In this episode, you will hear: Adversarial focus groups vs. mock trials What you get out of an adversarial focus group How to mesh all the information together An example of running a focus group and taking the case through trial Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Courtney Wilson Courtney@tyneslawfirm.com <spa
Wed, August 31, 2022
How to Handle Client Resistance to Depo Prep
The client deposition has a significant amount of weight when it comes to deciding case value. However, one of the most common problems trial lawyers have is dealing with clients who resist preparing for deposition. These are clients who actively avoid giving time for preparation. Whether it's because of their work schedule, family commitments, or they're just too busy to dedicate more than 30 minutes with you. They just don't seem to have any time other than the day of the deposition. There are also clients who subconsciously resist. They either show up with the kids for deposition prep, or they tell you they've had an emergency so they have to leave early. These are little subconscious things telling you that they're not going to give you their full attention. But why? In this episode, we delve into why clients resist deposition preparation and how to tackle this resistance. This is a big deal because failing to prepare for deposition can potentially hurt or damage the case. Therefore, this is the way to the end. This is the necessary step we have to take right now because if we don't take that step, the case value significantly plummets. In this episode, you will hear: Why clients resist and why this is damaging to the case Asking for time commitment Some examples of disasters that happened due to client’s resistance Resolving resistance in a call Educating clients why they have to put effort in a case Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Do you have questions or a particularly challenging client preparation, e
Wed, August 24, 2022
Guest Interview Michael Neff: Client Deposition Preparation in Premises Liability Cases
There are a lot of emotional landmines when it comes to premise liability cases. For instance, summary judgment is an issue in just about every premise liability case. A lot of lawyers have this mental shortcut that if they beat the summary judgment, then the case is going to settle. But in premise liability cases, damages are not enough. You’re going to need to navigate through that, especially because insurance companies will always try to look for opportunities where they can take advantage of them. Now, we can’t stress enough that the preparation of the clients for deposition is key in these cases. The client has to be prepared to tell his or her story clearly so there's no ambiguity, no landmines, and no rabbit holes. There are no missing pieces to it. That is why having multiple focus groups and investing time in preparing your clients is crucial to the success of the case. In this episode, Michael Neff joins us to talk about premises liability cases, which he has been doing for 15 years out of 30 years that he has been in practice. Michael emphasizes the lawyer's responsibility to eliminate the legal risks where they can, and that means anticipating where problems may arise. Remember, the trial is not about the trial lawyer, but about what the jury wants to do for these parties. In this episode, you will hear: The importance of client preparation in premises cases Factors that can derail premises liability cases Minimizing additional harm to your client Why damages are not enough in premises cases The importance of working with a consultant Being efficient in how you present your case Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode
Wed, August 17, 2022
Organizing Direct Exam of a Client
Losing a point with the jury is the last thing you want. At the end of the day, the jury will scrutinize your client more than anybody else in the room. So you want to bulletproof your client before they even get up on the stand. Compassion fatigue is not unusual in a world where we are constantly bombarded by horrific news. You should not repeat the things coming to the jury because they don't want you to waste their time. Therefore, make sure you're keeping things as organized as possible. Organize your topics, have bulletproof questions and be able to shift and pivot after the defense opening or other witness testimony. In this episode, learn how to organize the direct exam of the client. One of the first steps is to create a topic list. Your questions are more likely going to be based on this. It will navigate you through the process of preparing your client for when you put them on the stand. Also, this is a process that you can start very early and take care of the other more important things you need to do for the trial. In this episode, you will hear: Why you need to come up with a topic list The point of view of the jury Topics of liability and damages Other witnesses and order of proof Considering the possibility of compassion fatigue Time management strategies Preparing your exhibits Subscribe and Review Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts . Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Did I miss something for client direct exam? Do you have further questions? Send me an
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