Libsyn Directory

Your Trial Strategy Shouldn’t Be an Afterthought: Make the Jury’s Job Easy [Ep134]

Release Date: 02/26/2025

Rewiring Witness Prep: 3 Brain Science Strategies Every Trial Lawyer Needs [Ep143]

Trial Lawyer Prep

Elizabeth explores the application of brain science in witness preparation, offering trial lawyers strategies to enhance deposition prep. This episode focuses on leveraging the limbic system and amygdala to reduce stress and improve memory retention, moving away from fear-based tactics. Elizabeth discusses the importance of engaging clients by addressing their concerns and shares methods to counteract the forgetting curve through repetition and structured sessions. Learn how to utilize technology like Zoom for virtual depositions and empower your clients with clarity and confidence. Elevate...

Avoid This Mistake if You Plan to Use Focus Group Clips in Mediation [Ep142]

Trial Lawyer Prep

Explore the potential of focus groups to elevate your mediation success with insights from Elizabeth Larrick. This episode is a must-listen for trial lawyers looking to refine their negotiation strategies. Elizabeth shares the strategic advantages of conducting focus groups two to three months before mediation to influence insurance company figures effectively. She distinguishes between focus groups for trial preparation and those tailored specifically for mediation, offering techniques to maintain confidentiality while utilizing focus group findings to drive better settlements. Elizabeth...

Hey Lawyers, You Don’t Need a Psych Degree to Run a Focus Group! [Ep 141]

Trial Lawyer Prep

Unlock the tools you need to conduct focus groups and enhance your legal practice. This episode provides guidance for trial lawyers on how to gain juror insights without a psychology degree. We cover the fundamentals of setting clear objectives, planning structured sessions, and conducting test runs to avoid common mistakes. By mastering these skills, you'll be better equipped to connect with juries and clients, make informed case decisions, and overcome personal biases. Elizabeth breaks down the essentials of focus group preparation. She shares tips and resources for those ready to delve...

REPLAY: Joseph Rosenfeld, Image Consultant, on Personal Image for Lawyers [Ep140]

Trial Lawyer Prep

Learn more about Joseph Rosenfeld Email: Don't miss out on in depth webinars join Elizabeth's monthly Trial Lawyer Prep newsletter! 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 . 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...

Start Your Case on the Right Path: Using a Focus Group Before Discovery [Ep139]

Trial Lawyer Prep

In this episode, Elizabeth Larrick discusses the importance of using Zoom focus groups before discovery in trial preparation. She outlines the benefits of these focus groups, including setting the right direction for a case, avoiding wasted time on irrelevant claims, and utilizing feedback effectively. Through a case study involving a school district, she illustrates how focus groups can help identify critical information and prevent surprises during the discovery process. Takeaways Using Zoom focus groups can set the right direction for a case. Focus groups help avoid wasting time on...

Guest Ben Gideon on Helping Trial Lawyers Assess Risk Better [Ep138]

Trial Lawyer Prep

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...

How to Work in Your Trial Strategy with Your Client’s Testimony [Ep137]

Trial Lawyer Prep

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...

Why Zoom Focus Groups Should Be Your First Thought Compared to In Person [Ep136]

Trial Lawyer Prep

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...

Trial Preparation: Zooming out to see the Jury’s Perspective [Ep135]

Trial Lawyer Prep

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,...

Your Trial Strategy Shouldn’t Be an Afterthought: Make the Jury’s Job Easy [Ep134]

Trial Lawyer Prep

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...

More Episodes

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

Damages 3 by David Ball

Trial by Woman by Courtney Rowley & Theresa Bowen Hatch

The Keenan Edge Anthology by Don Keenan and various contributors (including me)

Winning Case Preparation by Bozart, Cusimano, Lazarus and Wenner

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.

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.

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