Using AI in Trial Prep and the Courtroom, with Matthew Fornaro [Ep 165]
Release Date: 05/06/2026
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...
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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,...
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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...
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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...
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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...
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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...
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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,...
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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...
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Heading into deposition prep, your clients are typically nervous, anxious, overwhelmed and lacking confidence. They are most likely in a situation they have never found themselves in before, and undoubtedly the stakes feel very high. But we need to get them to focus, to remember, to think and answer clearly, and to let go of their fear and uncertainty. This episodes focuses on three clear, distinct strategies that also help you remember how to get the most out of your clients at this crucial juncture. Clients will feed off of not just your confidence, but your calm...
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We're all busy trial lawyers and specialists, typically juggling multiple cases at once. Time management and organization is crucial, and we can't allow ourselves to get overwhelmed, to risk impacting not just the case but our own health and well-being. It's worth taking the time to make sure your tasks and workflow are efficient, your calendar flows logically, and your habits are positive and healthy. Even just a few minutes' pause for retrospection and meditation can make a huge difference. And I've been right in the thick of it lately myself! As a trial consultant, I was getting two...
info_outlineAI 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, entrepreneurs and startups in commercial litigation, contract disputes and arbitration. But what brings him to Trial Lawyer Prep today is his insight on using AI in trial prep and the courtroom.
Matthew has dedicated his time to learning different AI programs, applying them to different types of cases, and analysing the results. He is thus well-placed to detail with us specific platforms and strategies for using AI, that enhance trial outcomes.
AI serves as a collaborative tool, not a replacement for human judgment. But knowing how to integrate it into your practice can pay huge dividends in time, accuracy, the effectiveness of response and rebuttal, and ultimately: better results for you and your clients.
In this episode, we cover:
- The various aspects of AI application, including document review, jury instructions, and cross-examination
- AI helps lawyers distil complex cases into understandable narratives
- Using AI responsibly requires fact-checking and ethical considerations
- How to make sure you are choosing software that is conceptually proven, not just theoretical (looks good on paper)
- How AI can democratize access to legal resources for smaller firms.
Learn more about my guest Matthew Fornaro:
- https://fornarolegal.com/
- mfornaro@fornarolegal.com
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