Libsyn Directory

3 Steps to Get Reliable Juror Feedback [Ep 164]

Release Date: 04/22/2026

Focus Groups Before Discovery: Vishal Shah on Case Development Strategy [Ep 174]

Trial Lawyer Prep

How does a small law firm evaluate whether to conduct a focus group? The expense, the planning and organization, the time it takes: the stakes feel higher when you have a more nimble organization. Vishal Shah is a plaintiff-side employment lawyer in Boston, MA, who left big law to open his own boutique firm in 2023. He thus knows first-hand the importance of balancing the bottom line and making smart choices for how his firm operates. And he's here to tell you: you rarely get a better bang for your buck than through a focus group. Because it's not just about the value to that particular case,...

Trial Prep Under Pressure: 3 Days to a $3.4M Verdict [Ep 173]

Trial Lawyer Prep

Perhaps a short trial can be better? When you had planned for a five day trial, and then the first morning in the courtroom, the judge announces that the case will be completed in three days. Hard stop. No exceptions. Is it a scramble and a panic? Or maybe, could it be a blessing? In this day and age especially, the last thing we want to do is bore our jurors, throw too much information at them and expect them to keep up. Attention spans are shorter and people are easily distracted, but even when looking at it objectively, can we really expect someone to hear and absorb each and every sentence...

Identify a Judge’s Trial Persona Before you Walk into the Courtroom [Ep 172]

Trial Lawyer Prep

Judge rules can make or break your trial, and most lawyers are looking at the wrong document first. If you are headed to trial, this episode shows why the judge’s trial rules, schedule, and persona matter more than simply memorizing jury instructions. I talk about how a trial consultation exposed major surprises in a judge’s courtroom procedures, including half-day sessions, skipped Fridays, limited jury-selection time, and strict expectations that could completely reshape the order of proof, witness strategy, and expert costs. This episode previously aired on the podcast in 2024, and I'm...

AI During Trial: Jury & Verdict. Part Two with Michelle Gessner [Ep 171]

Trial Lawyer Prep

In our last episode, we learned about Michelle Gessner's recent trial in North Carolina, where she was forced to pivot from a regular audio/video presentation, using modern technology, to a courtroom with no microphones, no TVs, no projectors and a single power outlet (already claimed by the clerk and the court reporter!). Michelle used AI to help adapt to this unexpected turn of events, asking it how to craft a visual presentation under these unique circumstances. Today, we learn how it unfolded. You could feel the courtroom change as the case progressed, and this was a quick trial: starting...

AI for Winning Courtroom Visuals: Case Study with Michelle Gessner [Ep 170]

Trial Lawyer Prep

My guest today, Michelle Gessner, joined the podcast back in December of 2024, where we discussed her $21 million verdict against Wells Fargo. Today she's back with the story of a recent verdict success in North Carolina, which suddenly hit an unexpected twist. The case was planned out to make use of high tech video equipment and software, as you would find in a standard, modern equipped court room. But then, it was moved to courtroom that had no technology; in fact, only a single outlet with extension cords. No microphones, no TVs, no projectors. Just old-school visual tools: easels,...

Juror Attention Spans: The Science Every Trial Lawyer Needs to Know [Ep 169]

Trial Lawyer Prep

What if our assumptions about modern attention spans aren't accurate? We are all used to hearing that people have much, much shorter attention spans these days, thanks to social media, clickbait, algorithms, and a constant barrage of information. While those things certainly represent a major shift in our day to day reality over the past 15+ years, that doesn't necessarily mean that we're paying less attention than we used to. In fact, it's more of a rewiring of our brains, thanks to technology, leading to a state of continuous partial attention. Why is this important to trial law, case...

Using Case Framing in Discovery with Tony Edwards [Ep 168]

Trial Lawyer Prep

For an effective discovery, case framing should start as early as possible. But be ready to pivot! Don't let the other side get the jump on you in framing a case, and put you in catch-up mode from the start. You need to start framing a case at intake, especially for higher-value cases. But, as our guest points out today, you also need to be ready and willing to pivot, should new facts arise, or if a new framing will in fact strengthen your case. Tony Edwards is a personal injury lawyer in Oklahoma, and shares stories and wisdom from his decades of experience. We talk about a trucking case...

Trial Strategy in Action: Timelines, Sequencing, and What Wins [Ep 167]

Trial Lawyer Prep

There is a crucial difference between timelines and sequences, and if you want jurors to see your case as plainly as you see it, you need to pay close attention. Today we explore not just how timelines help jurors understand the case quickly, but why that is: the psychology and brain science behind retaining information. Timelines are a curated visual picture of the case, sequencing is about the order of presenting evidence. Similar, yet each with their own distinct psychologies. I know, not all lawyers use timelines, but they can be very effective, and focus groups help you recognize and fine...

Depo Clips or Live Witness: The Call That Won the Case [Ep 166]

Trial Lawyer Prep

Five days before trial, a team chose to play defense witness deposition clips, instead of calling the witnesses live. Instinct tells us, training tells us: do it live. Live is better. Live is more persuasive. Live is much more catchy for cross exam. Video puts people to sleep. However, what I walk you through today really boils this down to a primacy question, or in other words, first impressions. In the case above, focus group data showed that clips were having far more impact in setting the stage, and locking in that first impression. So the team pivoted, and the trial took on an entirely...

Using AI in Trial Prep and the Courtroom, with Matthew Fornaro [Ep 165]

Trial Lawyer Prep

AI has hit the mainstream, and not just in everyday life, but in trial law and legal prep. The days of startups and experimental software have quickly evolved to comprehensive, through and reliable AI-based programs, used by countless law firms and lawyers every day. As a result, it feels like we are racing to keep up. To jump on the bandwagon before it's too late, yet making sure you're using AI in accurate, and ethical, ways. Matthew Fornero is a South Florida business litigator, with over 20 years of courtroom experience and a long track record of representing small businesses,...

More Episodes

Running a good focus group is really a lot like conducting a good trial: Fundamentally, it's about understanding people.

And you don't need a psychology degree to do so. If you have an innate understanding for human behavior, relationships, biases and different means of communication, then you already have the instinct to make the most of your focus groups.

Today's episode breaks down three key steps to be organized and prepared for your next group. Armed with these tools, you can then hit the ground running and really connect with juries and clients.

We cover:

Setting clear goals for focus group sessions
Developing a structured plan to ensure effective listening
Overcoming personal biases in focus group settings
Avoiding common pitfalls like overloading information and lack of organization
Conducting test runs to improve the quality of focus group feedback
Don't assume that you're a natural presenter; preparation is key
Make sure you're listening more than speaking
Seeking help if you're too biased to run a focus group

Set up a free consultation today: https://www.calendly.com/elizabethlarrick

You can also watch today's episode on my YouTube Channel:

3 Steps to Get Reliable Juror Feedback [Ep 164]

Additional resources:

How to Do Your Own Virtual Focus Groups Part 2: Planning and Moderating

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Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more:

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