Libsyn Directory

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

Release Date: 04/23/2025

Witness Prep Strategies That Embrace Brain Science [Ep. 163]

Trial Lawyer Prep

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...

Trial Lawyers and Time Management: Wisdom from Dina Cataldo [Ep 162]

Trial Lawyer Prep

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...

The Hard Truth about Persuasion and the Lawyer Brain [Ep 161]

Trial Lawyer Prep

We know we live in an attention-deficit age, where attention spans and concentration levels are lower than ever. It's not just about social media though. These trends carry forward into every day life, including in the court room. We simply can't assume that just because the jurors are there and present, that they will necessarily be paying as close attention as we expect. It's human nature to start to drift away and think about something else when you're not otherwise captured by a subject, and there is fascinating brain science that demonstrates why! So today we look at ways to...

The Three-Phase Focus Group Strategy Every Trial Lawyer Needs [Ep 160]

Trial Lawyer Prep

You're not going to be one of those lawyers that only starts thinking about a focus group 30 days before the trial, right? To make the most of the power and impact of focus groups, work backwards through this three-phase roadmap that helps you plan and prepare. You will see, and feel, a remarkable difference in your confidence, arguments and ultimately, your case. Why three phases? This structure taps into the various stages of trial prep, and gives you focus groups that are appropriate and effective for the moment your case is in. Whether it's in Phase 1...

Traditional Methods of Jury Selection are Broken! with Sharif Gray [Ep 159]

Trial Lawyer Prep

The jury selection process is changing and evolving. Are you willing to be bold and confront jury selection challenges head-on? This was a popular and very actionable conversation that I had with Sharif Gray last year, where we talked about what could be broken with your jury selection. We looked at assumptions and stereotypes that are often made, and I think it's a question worth returning to as we get deeper into 2026, when you may have trials coming up on the horizon. It could be very useful to consider these suggestions and tips when you're making important decisions on...

Trial Strategy v. Trial Tactics: Why Lawyers Confuse Them and What it Costs You [Ep 158]

Trial Lawyer Prep

Are you confident in knowing the difference between trial strategy and trial tactics? Because ultimately the question is, does your jury understand what you're doing? Today, we're looking at how to identify a clear strategy as the overarching theme that guides the trial, followed by the tactics to achieve that strategy. There's a risk of confusing the two, including wasted time and causing confusion for jurors. The best strategies combine preparation and flexibility when you're in the courtroom. And remember, focus groups can test strategies early in the trial...

Three Focus Group Questions You can Use to Reveal Hidden Case Weaknesses [Ep 157]

Trial Lawyer Prep

"What part of this story just doesn't hit you right?" How would a potential juror answer that question? We're talking about gut feeling, instinctive reaction: something that's there, and they're trying to put their finger on it. These are very good avenues to explore in focus groups, and can uncover emotional and cognitive responses that you weren't expecting. Today's episode features three questions that are deceptively simple yet powerful in their nuance and framing. Successfully applying them will not only make your case stronger, but help you be much better prepared...

What Trial Lawyers Loved in 2025: Guests, Topics & Focus Group Trends [Ep 156]

Trial Lawyer Prep

It's your favorite episodes, topics and themes from Trial Lawyer Prep in 2025, as reflected by the data: you know how much we love facts! I look at what you enjoyed the most, and why, with all the links below if you want to revisit or catch up on these episodes and their valuable information. I'm excited in 2026 to bring you more content on trial strategy, more inspiring guests, and useful tools that help us in our preparation as trial lawyers. I love providing advice and insight to help you present the best case possible, whether you're a long time listener or brand new to the...

Why Trial Lawyers Use Focus Groups, It’s Not What You Think [Ep 155]

Trial Lawyer Prep

We're going back to the basics this week, asking, "Why do trial lawyers even do focus groups?" Focus groups are not primarily for determining case value or winning cases. Instead, focus groups provide valuable insights into jury perceptions, case weaknesses, and effective storytelling strategies. I share some real-life examples of effective use of focus groups, including a doozy of an example that, although it was a rough go, it left the lawyer with much more clarity on the path forward, and where to concentrate their time. In this episode, you will learn: How...

Comparison: A Powerful and Simple Persuasion Tool for the Courtroom [Ep 154]

Trial Lawyer Prep

In this week's episode, we're looking at a powerful and often overlooked tool for persuasion: side-by-side comparisons. Discover how this method can simplify complex information and sway jury decisions in your favor. I shares practical insights from my virtual focus groups, which offer strategic ways to leverage this tool throughout your case. Our brains respond intrinsically to visual comparisons, and I'll show you how to implement this tactic in opening statements, mediation packets, and beyond. Learn how side-by-side comparisons can become your secret weapon for a...

More Episodes

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

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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:

On Edge: The Are of Risking Everything by Nate Silver

Thinking, Fast and Slow by Daniel Kahneman

Join the Trial Lawyer Prep Newsletter for a monthly email with resources, tips and helpful guidance for your next trial: 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.

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