Libsyn Directory

Three Case-Saving Focus Groups to do in Discovery [Ep 150]

Release Date: 10/08/2025

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,...

3 Steps to Get Reliable Juror Feedback [Ep 164]

Trial Lawyer Prep

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...

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...

More Episodes

Our episode this week demonstrates why even small focus groups can go a long way towards saving your case.

Running focus groups in discovery can accomplish a lot in even just 50 minutes, giving you data and analysis that you simply wouldn't have otherwise.

I outline three specific types of focus groups that can save cases: neutral narratives, timelines, and deposition preparation. Each type serves a unique purpose in helping lawyers understand their cases better, identify weaknesses, and prepare their clients for testimony.

We want our clients to do the best job possible, so why not give them a leg up and do a focus group test run, to help figure out where jurors will land on the testimony.

In this episode, you will learn:

How focus groups can save your case during discovery.
Understanding jury perception is crucial for case strategy.
How fresh perspectives can break stuck thinking in cases.
Identifying assumptions early can guide case direction.

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Supporting Resources:

You can watch this episode on my YouTube Channel: @ElizabethLarrick

Want to learn more about the virtual focus group Elizabeth does with lawyers? Schedule a free call:

https://calendly.com/elizabethlarrick

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