Best Practices with Kenny Berger: Recent Episodes
Kenneth Berger
Best Practices is a legal podcast where South Carolina attorney, Kenneth Berger, interviews trial lawyers from around the country with regard to aspects of their practice that have helped them reach the top of the field. Tune in every other week for interviews covering everything from case selection to closing argument.
In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Przemek Lubecki for a conversation about the mental side of trial work and why preparation alone is not enough to perform at your best in the courtroom.
Drawing on lessons from sports psychology and years of trial experience, Przemek explains how confidence, self-image, and repetition influence a lawyer's ability to execute under pressure. He shares practical insights on developing the mindset of a high-performing trial lawyer, building confidence through deliberate practice, and staying present when the stakes are highest.
The conversation also explores why great trial lawyers are driven by a passion for the process, how small improvements compound over time, and what it takes to consistently perform when it matters most.
This episode is a practical look at the habits and mindset that help trial lawyers bridge the gap between preparation and performance.
In this episode, they discuss:
- How confidence and self-image influence trial performance
- Practical ways to prepare for high-pressure courtroom moments
- Why repetition and deliberate practice create better advocates
- Lessons from sports psychology that apply to trial work
- Developing a passion for the process of becoming a better trial lawyer
In this episode of Best Practices with Kenny Berger, Kenny sits down with Savannah trial lawyer Zach Sprouse to break down the trial strategies that helped turn a $180,000 pretrial offer into a $4.95 million verdict.
The conversation follows the case from jury selection through closing argument, exploring the series of decisions that shaped the outcome. Zach shares how he approached difficult facts, developed themes during voir dire, structured his order of proof, and worked to build credibility with jurors from the very beginning of trial.
This episode is a practical look at how thoughtful trial strategy, careful preparation, and a commitment to credibility can influence the outcome of a case long before the jury begins deliberating.
In this episode, they discuss:
- Using voir dire to introduce themes that carry through trial
- Addressing difficult facts before the defense can use them
- Structuring witness order to strengthen credibility and storytelling
- Presenting damages in a way jurors can understand and embrace
- Building trust with jurors through honesty, preparation, and consistency
In this episode of Best Practices with Kenny Berger, Kenny sits down with Denver trial attorney Kurt Zaner for a conversation about one of the most overlooked skills in trial practice: persuasive writing.
Kurt explains why every brief, motion, and filing is an opportunity to shape the story of the case long before trial begins. From understanding your audience to simplifying complex issues, he shares practical strategies for writing in a way that informs, persuades, and builds credibility with the court.
The conversation also explores how strong legal writing supports stronger trial advocacy, helping lawyers develop themes, preserve key issues, and create a foundation for success before ever stepping into the courtroom.
This episode is a practical look at how better writing can become a competitive advantage for any trial lawyer.
In this episode, they discuss:
- Writing with the reader in mind and understanding your true audience
- Simplifying complex legal issues without sacrificing substance
- Using motions and briefs to reinforce your case theme early
- Building credibility through clear, persuasive writing
- How effective legal writing strengthens trial strategy from the outset
In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Sean Claggett of Claggett & Sykes for a conversation that starts with focus groups and quickly expands into something much bigger.
Sean shares how collecting and analyzing juror feedback has shaped the way he prepares cases, develops themes, and approaches trial strategy. But the discussion goes beyond focus groups. It explores how trial lawyers can build systems, teams, and processes that turn information into better decisions and better outcomes for clients.
From early case evaluation to trial preparation, Sean explains how he uses data to identify risks, test ideas, and refine the story before ever stepping into the courtroom. He also discusses the people, structure, and discipline required to make that approach work at a high level.
This episode is a practical look at building a trial practice that learns, adapts, and improves with every case.
In this episode, they discuss:
• Using focus groups to identify case weaknesses early
• Turning juror feedback into actionable trial strategy
• Building systems that help trial lawyers make better decisions
• Structuring teams to maximize the value of focus group data
• Creating a repeatable process for trial preparation and case development
In this episode of Best Practices with Kenny Berger, Kenny sits down with Matt Nakajima of Rittgers Rittgers & Nakajima for a conversation about using settlement negotiations to create change beyond a single case.
Drawing from his experience handling serious injury cases, Matt shares how settlements can become an opportunity to improve safety practices, influence company policies, and help prevent similar harm from happening again. The conversation explores the balance between obtaining meaningful results for a client while also thinking about the broader impact a case can have on a community.
This episode is a practical look at how plaintiff lawyers can approach settlement strategy with both accountability and long-term safety in mind.
In this episode, you'll hear:
• How to negotiate non-monetary settlement terms tied to safety changes
• Ways plaintiff lawyers can use leverage to influence corporate behavior
• Structuring settlements to create accountability beyond compensation
• Practical examples of safety-focused terms included in real cases
• Why certain cases present opportunities to create long-term community impact
In this episode of Best Practices with Kenny Berger, Kenny sits down with Maine trial lawyer Meryl Poulin of Gideon Asen to break down a medical malpractice case that resulted in a $25 million verdict.
Meryl shares her journey into medical malpractice law and the responsibility that comes with handling these cases. She recounts the story of Jazzy, a 15-year-old girl whose life was cut short after a missed diagnosis, and how that loss shaped the way the case was presented at trial.
What could have been a highly technical case was approached with clarity and discipline. Meryl explains how she kept the focus on what mattered, helping the jury understand the failures in care without getting lost in medical complexity. She also discusses the role of expert testimony, the importance of preparation, and how to present a case involving a child in a way that builds connection while maintaining credibility.
This episode offers a practical look at how thoughtful strategy and clear storytelling can shape the way a jury understands a case.
In this episode, they discuss:
• Simplifying a complex medical malpractice case for a jury
• Presenting the story of a child without overcomplicating or overstating the case
• The role of expert witnesses in establishing standard of care
• Trial preparation in high-stakes medical malpractice cases
• Keeping the jury focused on what matters most
Large verdicts rarely come from the injury alone.
In this episode of Best Practices with Kenny Berger, Kenny sits down with Indiana trial lawyer Brandon Yosha to break down a case that resulted in a $10 million verdict after a $5,000 offer at mediation.
At first glance, this was not a high-value case:
- Limited medical bills
- Liability eventually admitted
- Defense focused on minimizing the injury
But the result tells a different story.
This is a conversation about what actually moved the jury and what did not. About where the value in a case really comes from. And about the work it takes to build a case that a jury can fully understand.
In this episode of Best Practices, Kenny Berger is joined by Wisconsin trial lawyer Michael Karp to discuss how focus groups are shaping the way he builds and tries cases.
Michael shares how he went shifted his practice to a focused trial model built around understanding juror perspective. He breaks down how running focus groups early and often helps identify risk, refine case framing, and ultimately control the arguments that matter most at trial. The conversation also explores trial presentation, the importance of community, and how to build a sustainable practice without losing sight of what matters outside the courtroom.
This episode offers a practical look at how to think like a juror and why that shift can change everything.
In this episode, they discuss:
• Running focus groups early to evaluate and shape cases
• Identifying how you lose before deciding how to win
• Using juror feedback to refine case framing and strategy
• Structuring a practice around trial work instead of volume
• Turning trial presentation into a conversation, not a performance
• Building a sustainable practice while staying connected to family and purpose
In this episode of Best Practices, Kenny Berger is joined by guest host Chris Finney and trial lawyers Mary Simon and Tim Cronin of the Simon Law Firm to break down their recent $27.5 million verdict in a motorcycle collision case.
Mary and Tim walk through the case from voir dire to verdict, explaining how they approached jury selection, handled sensitive issues at trial, and told a damages story that resonated with jurors. They also discuss how the defense’s trial strategy shaped the jury’s perception and how authenticity and preparation helped guide the case to a powerful result.
This episode offers a practical look at the decisions that matter most when trying a case.
In this episode, they discuss:
• Identifying potential jury leaders during voir dire
• Addressing bias in a case involving a young defendant and a motorcycle rider
• Structuring a clear and focused opening statement
• Handling difficult cross-examination tactics at trial
• Presenting damages in a way jurors understand
Tune in to hear how Mary and Tim navigated key trial moments, earned the jury’s trust, and ultimately secured a $27.5 million verdict.
In this episode of Best Practices with Kenny Berger, Kenny sits down with Scott Frost to break down what it really takes to try a case outside your home state without stepping on the landmines that can cost you credibility or your verdict.
From pro hac vice strategy to protecting a win on appeal, Scott shares the systems he uses to prepare, adapt, and safeguard the record when trying cases in unfamiliar jurisdictions.
In this episode, they cover:
- Pro hac vice best practices and avoiding preventable mistakes
- Why strong local counsel is worth the fee split
- Mastering local rules before you step into the courtroom
- Building rapport with court staff before trial begins
- Using trial briefs and offers of proof to protect the record
- Closing strategy when you are not from the jurisdiction
If you’re trying cases across state lines, this episode is a practical guide to winning the trial and keeping the verdict.
In this episode of Best Practices with Kenny Berger, Kenny sits down with Wisconsin trial lawyer Al Foeckler to break down how big data shaped strategy, decision-making, and ultimately a $15 million verdict in a wrongful death case.
Al walks through the real-time choices his team faced before and during trial, including whether to tell the jury the value of the case in opening, how data informed that decision, and why dropping certain claims actually increased the overall recovery. The conversation dives into credibility, preparation, and the discipline required to trust the numbers while still honoring the human story at the center of the case.
This episode covers:
- How big data influences case valuation and win rates
- When and how to introduce large numbers to a jury
- Using voir dire to frame value and burden of proof
- Building credibility through preparation and follow-through
- Structuring order of proof to create momentum and clarity
- Turning complex facts into a story jurors can visualize and remember
Throughout the discussion, Al emphasizes that big verdicts are not about bravado. They are about preparation, authenticity, and making strategic decisions grounded in evidence, data, and respect for the jury.
In the Season 6 opener of Best Practices with Kenny Berger, Kenny sits down with Geordan Logan of Claggett & Sykes to explore why the most effective trial lawyers don’t just tell stories, they show them.
Drawing on his background as an Air Force instructor, corporate educator, public defender, and plaintiff trial lawyer, Geordan explains how adults learn, remember, and make decisions in the courtroom. His guiding principle, “edutainment,” focuses on using visuals and storytelling to capture attention, build credibility, and give jurors memory “hooks” they can carry into deliberations.
In this episode, you’ll hear practical strategies for:
- Designing openings that act as a clear roadmap for the entire trial
- Using demonstratives and visuals to reinforce credibility and focus juror attention
- Preempting defense arguments by framing and dismantling them early
- Humanizing damages so jurors understand what was truly taken, not just the numbers
Kenny and Geordan also discuss the mission behind Outer Realm, a national community of plaintiff lawyers committed to sharing knowledge, strengthening trial advocacy, and protecting the Seventh Amendment.
If you want jurors to remember your case and trust the story you’re telling, this episode sets the framework.
How do great trial lawyers build cases that resonate with jurors from the very first conversation? In this season-closing episode of Best Practices with Kenny Berger, Kenny sits down with California trial lawyer Dan Schaar to break down the full arc of trial preparation, starting at intake and carrying all the way through opening, closing, and rebuttal.
Dan shares the systems and strategies he uses to design winning cases: identifying the human story early, reframing bad facts, uncovering defendant “choices” rather than “accidents,” and empowering jurors to return the right verdict for the right reasons.
They discuss:
— Starting trial prep at intake and organizing facts into a working trial framework
— How to build the human story and gather authentic, powerful testimony
— Reframing defense themes
— Structuring openings, closings, and rebuttals as a unified, jury-empowering narrative
Whether you're preparing for your first trial or refining your next opening, this episode is packed with practical insights you can apply immediately in your next case.
Hosted by South Carolina Injury Lawyer Kenny Berger | Best Practices with Kenny Berger
What does the next era of plaintiff law look like and how can trial lawyers position themselves to thrive in it?
In this episode of Best Practices with Kenny Berger, Kenny sits down with attorney, entrepreneur, and community-builder Bob Simon to talk about the forces reshaping plaintiff practice today. From AI intake and automated case review to national referral networks, mentorship communities, and the rise of modern legal brands, Bob shares a clear and compelling vision of where the profession is headed.
They discuss:
- How AI and automation are leveling the playing field for small and midsize firms
- Why community, collaboration, and mentorship will define the next generation of great lawyers
- Building a practice that blends efficiency with human connection
- Creating systems that free lawyers to focus on high-impact work
- The importance of work-life balance and “financial stress-free time” with family
This episode offers practical insights on how to evolve your practice as the legal landscape transforms.
Hosted by South Carolina Injury Lawyer Kenny Berger | Best Practices with Kenny Berger
Every trial is a bet, but how do you know when the risk is worth taking?
In this episode of Best Practices with Kenny Berger, trial lawyer Taylor Asen joins Kenny to talk about what it really means to “think in bets.” From using data and probability to assess case value, to hedging strategies like high-lows and partial settlements, Taylor breaks down how trial lawyers can balance risk, reward, and responsibility to their clients.
They discuss:
- Why expected value alone doesn’t tell the whole story
- How to align client risk tolerance with case strategy
- Using data and focus groups to guide decision-making
- Applying concepts from gambling and behavioral economics to trial work
- Why honest experts and strict case selection matter in medical malpractice
This conversation offers a framework for making smarter, more intentional decisions in high-stakes litigation.
Hosted by South Carolina Injury Attorney Kenny Berger
Becoming an effective trial lawyer isn’t about natural talent - it’s about preparation, practice, and the mindset to keep improving. In this episode, truck crash attorney Tim Whiting joins host Kenny Berger to discuss what it really takes to become trial-ready: from the lessons learned after a tough loss to the daily habits that sharpen skill and quiet self-doubt.
They cover:
- Turning loss into lifelong commitment to trial practice
- Why consistent role-play, focus groups, and coaching matter
- Meditation and mindset as tools for performance
- Preparing every case as if it’s going to trial — not settlement
Whether you’re early in your career or years into practice, this episode is a reminder that trial skills are built, not born - and that growth begins outside your comfort zone.
In a Best Practices first, Kenny Berger is joined by two guests from different firms—trial lawyers Chris Finney (Finney Injury Law) and Joe Fried (Fried Goldberg). Together they dig into a simple idea: juries connect to what’s universally human - family, health, freedom, independence - and how to build your whole case around it.
You’ll hear about:
- How to use even limited voir dire to surface shared values and form a team
- How to frame the trial as a simple choice about valuing what matters
- Why authenticity and vulnerability drive credibility in the courtroom
Whether you’re weeks from trial or planning a focus group, this conversation offers a practical framework: speak to what matters to all of us, build the case around it, and let the verdict follow.
This week, former Army JAG and prosecutor Sharif Gray of RVA Trial Lawyers joins Kenny Berger to show why the most persuasive directs are facilitated stories, not scripted performances and how that mindset sharpens your redirect, too.
You’ll hear about:
- A simple setup for direct
- How to use one-page outlines and open-ended prompts that keep jurors engaged
- Smart witness sequencing (credibility first, client last) to reinforce your theme
- When to use redirect and when to sit down
If you want to achieve direct examinations that actually help tell the story, this one’s worth a listen. Press play and take a few ideas to court next week.
In this episode of Best Practices with Kenny Berger, trial lawyer Brian Snyder of Snyder Wenner in Arizona joins Kenny to explore how a well-crafted opening statement can shape the jury’s understanding—and the outcome—of your case.
Brian shares his approach to structuring an opening that frames the entire case, the importance of simplicity and credibility from the outset, and how to plant key ideas that will matter most in deliberations. From primacy to pacing, you’ll hear actionable insights on using story to shape how jurors receive evidence—and how to avoid common mistakes that can undermine your case before it truly begins.
Trial tech doesn’t have to be outsourced—or complicated. In this episode of Best Practices with Kenny Berger, trial attorney Jakob Norman shares how mastering your tech enhances your credibility, boosts flexibility, and supports visual storytelling that sticks with the jury.
From choosing the right tools to creating compelling visuals, Jakob breaks down practical strategies to help you take control of the narrative in the courtroom.
In this episode:
- Why trial lawyers should run their own tech
- How to simplify and refine your slides
- Visual strategies that resonate with jurors
- Common pitfalls (and how to avoid them)
- What to test before trial day
- How to handle objections to demonstratives
Whether you're building your next deck or prepping for trial, this episode will leave you with a clearer vision—and more confidence—in your courtroom presentation strategy.
In this episode of Best Practices with Kenny Berger, medical malpractice trial lawyer Karen Zahka shares how true collaboration with expert witnesses can make or break your case.
From choosing the right expert to preparing them with case-specific materials, literature, and strategy, Karen explains why empowering experts—rather than micromanaging them—leads to stronger, more credible testimony. She also breaks down how to tailor your approach depending on the expert’s personality, professional background, and courtroom presence.
Whether you’re gearing up for your next med mal trial or refining your approach to expert prep, this episode delivers real-world insight on how to elevate expert testimony through trust, preparation, and alignment.
Rebuttal is one of the most high-pressure moments in trial - and also one of the most powerful.
In this episode, trial lawyer Brian Ward joins host Kenny Berger to break down how to deliver a clear, strategic, and emotionally resonant rebuttal. From knowing when to hold back in closing to anticipating defense arguments and reframing them with precision, Brian shares practical insights on how to structure rebuttal for maximum impact.
They also cover the emotional and human side of rebuttal—how to speak with authenticity, slow down when it matters most, and leave jurors with a sense of purpose heading into deliberations.
Whether you're working within tight time limits or looking to refine your structure, this episode is packed with tactical advice and storytelling strategies to help you close your case with confidence.
In this episode of Best Practices with Kenny Berger, trial lawyer Joseph Wilson joins Kenny to share how he approaches one of the most powerful moments in trial: the closing argument.
Joseph breaks down how voice, tone, and timing can amplify a closing—and why non-economic damages deserve the deepest preparation. From working with clients to understand what was truly taken from them, to helping jurors advocate for justice in deliberations, this episode is packed with strategies to make your closings more persuasive and impactful.
🎧 Now streaming on Apple Podcasts, Spotify, YouTube, and our website.
In this episode, attorney Kenny Berger sits down with trial lawyer Stephen Williamson to unpack the preparation and strategy behind a $117 million verdict.
Stephen shares how relentless pre-trial work—focus groups, recorded mock cross-examinations, psychodrama sessions, and sophisticated economic modeling—positioned the plaintiff for success long before trial even began.
If you're serious about sharpening your approach to trial prep, case framing, and client storytelling, this episode is packed with lessons you can apply to your next big case.
🎧 Now streaming on Apple Podcasts, Spotify, YouTube, and our website.
In this episode of Best Practices with Kenny Berger, trial lawyer Stuart Ratzan shares how smart case selection can shape not only your docket—but your impact.
Stuart dives into what makes a case truly worth taking, from identifying systemic issues to using focus groups as a tool for evaluating jury resonance and refining trial strategy.
You’ll learn how to:
- Spot cases that highlight systemic failures
- Use focus groups to test liability, narrative, and damages
- Avoid cases that lack clarity, consensus, or emotional weight
Whether you're evaluating your next case or rethinking your intake criteria, this episode offers practical, values-driven guidance on choosing cases that matter—to juries and the community.
🎧 Available now on Apple Podcasts, Spotify, YouTube, and our website.
In the Season 5 premiere of Best Practices with Kenny Berger, attorney Nick Rowley joins Kenny Berger to share the strategy and storytelling behind his $37 million verdict in a high-stakes trial.
Nick dives into how cross-examination can be used to advance your case—not just tear down a witness. He discusses how to adjust your tone, pace, and pressure depending on jury feedback, and why sometimes the smartest move is stepping back to let co-counsel take the next witness.
From turning defense experts into plaintiff witnesses to delivering a closing argument that reframed non-economic damages as fundamental rights, Nick breaks down what it means to be both aggressive and adaptive in the courtroom.
The episode also explores the value of deep client relationships, trial team collaboration, and how preparation wins cases.
In the final episode of Season 4 of Best Practices with Kenny Berger, attorney Alan Hamilton of Shiver Hamilton Campbell dives into the strategies required to identify additional claims in catastrophic auto cases, proving that success often lies in looking beyond the obvious defendants and digging deeper into the facts.
Listeners will learn how to uncover hidden avenues of liability, from vehicle defects and maintenance failures to construction zone conditions and DOT oversights. Alan highlights the importance of thorough investigations, including crash reconstructions, maintenance history reviews, expert analysis, and more to establish causation in challenging cases and build stronger, more successful claims.
If you’re a trial lawyer handling catastrophic cases, this episode will give you actionable strategies to uncover the full scope of liability and maximize your client’s recovery.
In this episode of Best Practices with Kenny Berger, renowned trial attorney Zoe Littlepage shares her expertise on the power of visual storytelling in the courtroom. Zoe highlights how effective visuals can engage modern jurors and how meticulous preparation can make or break a trial presentation.
Zoe explains how to use visuals strategically throughout a trial, from opening statements to closing arguments, and even in cross-examinations. You'll also learn how specific techniques can enhance your presentation and keep jurors focused.
Whether you're looking to sharpen your trial skills or completely revamp your approach to courtroom presentations, this episode is packed with practical advice that will elevate your practice. Tune in to learn how to harness the magic of preparation and the impact of visual storytelling to connect with jurors and win cases.
In this episode of Best Practices with Kenny Berger, we’re joined by Dan Ambrose, founder of Trial Lawyers University (TLU), to discuss the techniques and strategies that make cross-examination highly effective.
Listeners will discover key cross-examination skills such as looping, pacing, and glance control. Dan also explains how strategic use of visual aids can reinforce key points and how eliminating filler words boosts clarity and confidence during trial.
Beyond techniques, Dan highlights the importance of preparation, intentional practice, and building confidence through repeated success.
This episode is packed with actionable advice for trial lawyers looking to elevate their skills and connect with juries more effectively during cross-examination.
In this episode of Best Practices with Kenny Berger, we are joined by Dr. Dawn Sheehan, a clinical and forensic psychologist, to discuss the role of trauma-informed practices in the legal field. Dr. Sheehan shares her expertise on understanding and supporting clients affected by trauma and PTSD, offering valuable insights for attorneys who want to approach these cases with sensitivity and effectiveness.
Dr. Sheehan breaks down the impact that trauma and PTSD can have on clients’ lives, including how it affects their behavior, relationships, and ability to participate in legal proceedings. For presenting trauma-related damages, Dr. Sheehan explains strategies such as using expert testimony, collateral information, and even psychodrama techniques to help convey the full scope of a client’s experience.
Tune in to learn how a trauma-informed approach can enhance your legal practice and better serve clients facing PTSD.
Trial lawyer Tom Grillo joins host Kenny Berger to share his insights on one of the most crucial aspects of trial work: jury selection. Tom offers real-world advice on how to build authentic relationships with jurors, address tough case facts head-on, and remain genuine during the entire process.
Listeners will learn:
- Why it’s essential to allow jurors to speak openly, even about sensitive topics
- How to create a trusting atmosphere and shape a more impartial panel
- How personal connections can sometimes outweigh conventional strategies
Tune in to hear how honesty, preparation, and empathy can lead to a winning trial team and stronger connections with your jury.
In this episode of Best Practices with Kenny Berger, trial attorney David Holt of Smith Law Center in Hampton, VA, joins us to share the story behind his $10 million verdict in a traumatic brain injury (TBI) case in Muskogee, Oklahoma.
Holt's client, a factory worker, sustained a mild TBI after a factory explosion at a Georgia Pacific plant. Despite no visible imaging evidence, Holt masterfully focused on telling the human story—highlighting the profound impact the injury had on his client’s life. Over the course of the 8-week trial, he balanced medical facts with compelling testimony from witnesses, including physical therapists, and emphasized the client’s lost experiences as a grandparent.
This episode offers valuable takeaways on:
- jury engagement
- damages presentation, and
- the power of humanizing your client’s story.
Don't miss out on the strategies that helped Holt secure one of the largest brain injury verdicts in the county's history.
In this episode of Best Practices with Kenny Berger, we sit down with Keith Bruno of Bruno Nalu and Trial Lawyers for Justice to explore the journey behind his record-setting $857 million verdict against Monsanto. Keith opens up about the intense preparation, strategic adjustments, and teamwork that were crucial to achieving this monumental outcome in a challenging PCB exposure case involving a Seattle school.
In this episode, you will gain insight into:
- How Keith adjusted his typically aggressive trial style to better connect with the Seattle jury
- The importance of a team-oriented approach, with clear roles and mutual support, to tackle complex scientific and medical information with confidence
- How respecting the jury's intelligence and focusing on delivering clear information played a pivotal role in their success.
This episode dives deep into the mindset and methods required to handle high-stakes litigation, revealing the lessons Keith has carried forward into his practice.
Tune in to hear how this landmark case has reshaped Keith’s approach to law and set a new standard for excellence in the courtroom.
In this episode of Best Practices with Kenny Berger, Kenny is joined by seasoned mediator Marc Harwell to dive into mastering mediation from the mediator’s perspective. With over 35 years of experience in civil defense and a dedicated focus on mediation since 2014, Marc shares insights into what it takes to achieve successful outcomes in complex cases, including:
- Effective communication well in advance with your adversary, mediator, and client
- Maintaining credibility and being a voice of reason throughout negotiations
- Listening and arming the mediator with information/narratives
- Focusing on issue resolution rather than just number exchanges
This episode is packed with practical advice on how to prepare, start, and work through negotiations, as well as techniques for breaking impasses and sealing the deal. Tune in to learn how to elevate your mediation practice and gain fresh perspectives on achieving successful resolutions.
Attorney Kenny Berger is joined by Las Vegas trial lawyer, Christian Morris, to discuss mastering cross-examination of defense experts in trial. Christian dives deep into the strategies that have helped her effectively dismantle expert testimony and secure justice for her clients.
From thorough preparation to dynamic in-court tactics, Christian reveals the importance of:
- Researching an expert’s background and the literature they rely on,
- Using visuals to clarify and contrast opinions, and
- Staying flexible during cross-examination.
Whether you’re a seasoned attorney or just starting out, this episode offers a wealth of knowledge that can elevate your courtroom practice to new heights. Tune in to learn how to turn expert cross-examination into a powerful tool in your legal arsenal.
Kenny Berger is joined this week by attorney Steve Williamson, a New York trial attorney, who recently achieved a $10 million verdict in a slip and fall case where his client had several pre-existing conditions. Steve shares how he built credibility with the jury to achieve this incredible result by:
- Embracing and fully disclosing weaknesses/challenges in his case upfront
- Taking a reasonable stance on comparative fault
- Using the defense's own evidence to construct his narrative
- Thoroughly covering the plaintiff's pre-existing conditions to prevent the defense from exploiting them
A good case often starts with a bad defendant and a worthy plaintiff. Attorney Steven Debosier of Dudley Debosier in Louisiana joins Kenny this week to discuss finding the villain in your case.
In this episode, you'll hear about how to:
- Focus on finding the "villain" in the case - the party truly responsible for the harm
- Connect the damages directly to the defendant's conduct through visuals and reminders
- Avoid getting bogged down defending against the defense's arguments - persuade the jury
- Use focus groups to identify the key issues that will resonate with jurors
Kenny Berger is joined by attorney Mike Alder of AlderLaw in Los Angeles to discuss taking action quickly in your cases to maximize case value and build a reputation that yields results for years to come.
In this episode, they'll cover:
- Understanding how the defense views cases
- When to take depositions to secure better offers and quicker substantial settlements
- What to send before a mediation and when
- Building a reputation by consistently being proactive in your cases
Kenny Berger and attorney Morgan Adams of Truck Wreck Justice in Tennessee and Washington discuss the best practices for maximizing recovery for your client in a catastrophic truck crash cases. Tune in for a true truck wreck masterclass.
In this episode, you'll learn about:
- Investigating potential additional insurance coverage from shippers, brokers, trailers, and insurance companies themselves
- Sending duty to disclose insurance letter to ensure all policies are revealed
- Suing insurance companies for negligent credentialing of drivers
- Uncovering root causes of the crash and identify all potentially liable parties
In this week's episode of Best Practices, attorney Kenny Berger and producer and filmmaker Nick Veser of Liberty Link Media discuss the benefits of using journalistic client documentaries to communicate to opposing counsel what your case is worth and what is going to happen if your case goes to trial.
To get in touch with Nick, visit libertylinkmedia.com.
Click here to view the video Nick and Kenny reference throughout podcast episode.
In this unique episode of the Best Practices podcast, special guest host Mark Bringardner interviews Kenny Berger of the Law Offices of Kenneth Berger and attorney Brian Ward of Trial Lawyers for Justice about their recent $26 million settlement in a child injury case where a young boy suffered chemical burns from an over-chlorinated resort pool.
Kenny and Brian take us through the many twists of the case including a mea culpa letter, fraud, two dismissed settlement opportunities, countless depositions, and an unexpected third layer of coverage for $15 million. Tune in to see how an this team secured the full policy limits after initially sending out a demand letter for $800,000.
In this week's episode, Kenny Berger and Nashville attorney, Phillip Miller, discuss the Miller Mousetrap - a proven deposition technique aimed at getting admissions from witnesses - and other advanced deposition strategies. Tune in for actionable tips that will help you take more effective depositions.
This week Kenny is joined by Danny Cornell of Cornell Injury Law in Mount Pleasant, Iowa, to discuss the notion of how doing the right thing - what you view is morally and ethically correct - can be profitable in many areas, including the bottom line. Listen in for an inspiring conversation that will influence your communication, mindset, and practice of law.
Kenny Berger is joined this week by attorney Jay Vaughn of Hendy Johnson Vaughn Emery in Kentucky to discuss the growth mindset and the steps Jay has taken to level up in the legal field. Throughout the episode, they talk about the value of networking, organization & prioritization, and simply doing the work to rise to the top of the field.
We're back for season 4 of Best Practices with Kenny Berger! Our first guest of the season is Brian Snyder of Snyder & Wenner in Scottsdale, AZ. Brian joined Kenny to talk about his recent $31.5M verdict in a birth trauma case against Banner Health in Arizona. Brian shares specific tactics he used in the courtroom to build trust with witnesses and ultimately the jury to achieve this record-breaking verdict.
Kenny Berger is joined by attorney Elizabeth Larrick of the Larrick Law Firm to discuss client and witness depo prep. Elizabeth walks us through her three step process to prep clients and witnesses for deposition, including: understanding their mindset, organizing their thoughts, and practicing cross examinations.
Elizabeth also hosts the Trial Lawyer Prep podcast.
In this episode of Best Practices with Kenny Berger, Kenny is joined by attorney Michael Leizerman of the Law Firm for Truck Safety. Michael shares his thoughts on best practices for trial lawyers through an easy-to-remember acronym: IMHO - Immersion, Morality, Healing, and Offensive.
Listen in to hear numerous stories and examples of how Michael puts this acronym to action to achieve full justice for his clients.
In part 2 of our episode with attorneys Brian Ward and Erin Powers of Trial Lawyers for Justice, Kenny, Brian, and Erin discuss the human story behind the case, how the case affected the interests of far more than just one person, and how they used Irving Younger's "Crazy Goat" to achieve a $63 million verdict.
In this week's episode of Best Practices, Kenny Berger is joined by guest attorneys Brian Ward and Erin Powers of Trial Lawyers for Justice. In part 1 of this 2-part episode, Brian and Erin share the many fears and challenges they faced taking on big oil and how they ultimately overcame them to secure a $63 million verdict.
Stay tuned for Part 2 coming on Wednesday, October 11!
Kenny Berger and guest attorney, author, and performer Lauren Fraser of Einhorn. Barbarito discuss how she harnesses her creative background to get incredible results in a historically difficult venue. From storytelling to character development, Lauren gives helpful tips on how to simply frame and present your client's story in a compelling way that makes the jury care.
In this week's episode of Best Practices, Kenny Berger is joined by attorney Danny Ellis of Truck Wreck Justice, PLLC and the Keenan Trial Institute to cover all aspects of taking an effective deposition. Tune in for an episode full of tips that will change how you approach depositions, including using focus groups to map out your depo, reviewing video footage to understand your deponent's psyche, and more.
This week Kenny Berger is joined by attorney Joe Camerlengo of the Truck Accident Law Firm to talk all about truck crash law: why truck cases are different, advocating for safety and meaningful change in the trucking industry, and actionable tips on how to get more out of your truck crash cases. If you handle truck wreck cases, this is an episode you won't want to miss!
Kenny is joined by attorney Stuart Ratzan of Ratzan Weissman & Boldt in Coconut Grove, Florida, to discuss how to maintain credibility while arguing punitive damages. They dive deep into this topic this week, covering the role injury attorneys play in our society, value drivers for punitive damages, and how to empower jurors to take control of safety in their community.
This week we are excited to share Part 2 of Persuasion is a Science with Attorney Rex Parris. In this episode, Rex shares the essential skills he believes attorneys must learn to successfully persuade their audience and the small changes he has made in his communication that make a big impact on results.
In this week's episode, Kenny is joined by attorney Rex Parris of Parris Law Firm in Lancaster, CA. With an impressive list of verdicts under his belt, Rex shares how he uses metaphors, reversals, and mirroring to connect with a jury to achieve incredible results.
In this week's episode, Kenny is joined by attorney Brian Breiter and Joseph Limbaugh to discuss Improv for Trial and how Brian and Joseph help attorneys improve their storytelling skills through improvisation, so they can better communicate with juries, judges, clients, and beyond.
In this episode, Kenny and prominent civil rights attorney Antonio Romanucci of Chicago-based trial firm Romanucci & Blandin, discuss his involvement in high profile civil rights and mass shooting cases, including the historic civil lawsuit alongside Ben Crump against the City of Minneapolis and four police officers for the murder of George Floyd. Romanucci also shares what he does to build strong relationships with his clients as well as what he does to create a culture of wellness at his firm.
This week, Kenny Berger is joined by Chris Finney of Finney Injury Law and Toni Schlapprizzi and Craig Schlapprizzi of Schlapprizzi Attorneys at Law to discuss a recent $20M verdict they achieved in August 2022. From overcoming challenges with proximate cause to hours of witness prep, they share all the details from the wrongful death case and how they were ultimately able to secure a record-breaking verdict for a loving mother.
Kenny Berger and guest attorney, professor, and researcher John Campbell of Campbell Law LLC discuss using big data jury studies to identify the strengths and weaknesses in your case, determine its true value, and understand what the jury is thinking so you can make decisions with confidence.
Best Practices with Kenny Berger is back for it's third season! In our first episode of Season 3, Kenny Berger talks with attorney Ben Glass of Ben Glass Law and Great Legal Marketing about how lawyers can build a practice that lowers stress, increases profits, and enables them to live a happier life.
Kenny Berger is joined by Steve Gursten of Michigan Auto Law to discuss how he balances being a top-notch trial lawyer while also running a successful injury firm with multiple locations throughout Michigan. Steve shares insights on connecting with clients, hiring (and retaining) excellent lawyers, and becoming an incredible trial lawyer through continuous learning.
Attorney Andy Abraham of Keches Law Group in Boston, MA, joins Kenny for a second time on Best Practices to discuss a recent trial that returned an impressive $26.6 million jury verdict. Andy highlights the importance of defining your trial theme and sticking to the essential points in your case.
Kenny Berger and guest attorney, Ken Levinson of Levinson & Stefani in Chicago, discuss the lessons Ken has learned after hosting hundreds of focus groups and achieving $500 million in verdicts.
Kenny and guest attorney Arkady Frekhtman of Frekhtman & Associates in New York City have a dynamic conversation about how to market in the modern world to find and capture the cases you want and how to maximize case values.
Kenny and guest attorney Joe Fried of Fried Goldberg in Atlanta discuss emotional awareness and how your emotional state can affect you, your clients, and how you practice law.
Kenny and guest attorney Angie Perkins of Perkins Law in Boise, Idaho, discuss her first trial experience and how she achieved an impressive six-figure verdict for her deserving client.
Kenny and guest Andy Abraham of Keches Law Group in Boston, MA take a deep dive on DTI, SWI, and other neuroimaging techniques and how you can use them to prove brain damage in a TBI case.
Kenny and Chicago attorney Nick Cronauer of Cronauer Law discuss the details behind Nick's latest record-breaking verdict. His client, 25-year old young man, was killed in a single motor vehicle crash in Sandwich, Illinois on June 28, 2015, after being over-served at a bar in DeKalb County.
Kenny Berger and guest Brian Snyder of Snyder Wenner in Phoenix, AZ, discuss how to use triggers and cues to help jurors remember key facts from your case. Snyder shares several examples of how he uses visuals and key messages to help jurors recall the most compelling aspects of his case during deliberation.
Kenny is joined by Angela and Keith Bruno of Bruno | Nalu Trial Lawyers and Trial Lawyers for Justice. They discuss how the pandemic shifted their mindset on settling cases and how to evaluate each case individually to determine when to negotiate and when to go to trial.
Guest attorney Henry Peacor shares stories from his remarkable journey to becoming a partner at Trial Lawyers for Justice. Tune in to hear about how he's taking a creative, solution-oriented approach to practicing injury law.
Kenny Berger and guest Joseph Wilson of Joseph Wilson Injury Lawyers in Atlanta discuss opening statements, the power of human connection, and how your case benefits when you build a deeper relationships with both clients and jurors.
Kenny and guest attorney David Williams of Williams and Williams in Orangeburg, SC discuss how attorneys can take control of their cases and dictate their true value to the insurance company.
Chris Hamilton of Hamilton Wingo in Dallas, TX joins Kenny again for a part 2 episode. In this episode, Chris explains how to get great settlements by following three steps: setting the hook, driving the wedge, and bringing home the bacon.
Kenny and attorney Chris Hamilton from Hamilton Wingo in Dallas discuss case framing and the psychology behind jury decision making. Tune in for some great tips and incredible stories from the courtroom.
Kenny Berger and attorney Jon Marko of Marko Law in Detroit, Michigan discuss the University of Michigan sexual assault cases and how the executive committee overcame challenges that come with cases that span more than 50 years.
Kenny Berger and guest Brian Ward of Trial Lawyers for Justice discuss how to identify a client's redemptive arc after an injury so you - and a jury - may better understand and relate to your client and their behavior.
In the first episode of season 2 of Best Practices with Kenny Berger, Kenny and guests Mullins McLeod and Cooper Wilson discuss using creativity, ingenuity, and preparation to get the best possible outcome for your clients.
Kenny and guest, Mike Campbell of Thomas Law Offices in Columbia, Missouri, discuss the power of storytelling, the impact that attorneys can have on their clients' lives, and how Mike captures it all through his video production company, Gavl.
Kenny and Joel Hughes, one of our very own attorneys at the Law Office of Kenneth Berger, discuss the common challenges and pitfalls of taking on government liability cases and how to overcome them.
Kenny Berger and South Carolina attorney Randy Hood of McGowan, Hood & Felder, LLC discuss electronic discovery and how this under-utilized tool can help uncover key evidence often hidden in electronically stored information.
After attending the week-long Trial By Human conference in Big Sky, Montana, Kenny Berger and his guest, Kansas City attorney Rachel Smith, share insights from the conference and discuss the importance of the human story in personal injury cases.
Attorney Chris Romeo of Thurmond Kirchner & Timbes in Charleston, SC, shares how illegal fireworks are causing serious injuries across the country and what you should expect when handling consumer fireworks cases.
Kenny and South Carolina criminal defense attorney Dayne Phillips discuss exonerations and actual innocence cases on a statewide and national level.
Kenny and attorney Kari Jones Dulin of Foster Graham Milstein & Calisher in Denver, CO, have an honest conversation about being comfortable in your own skin and the power of authenticity in depo prep, trial, and beyond.
In this episode, Kenny and Wisconsin attorney Jason Abraham of Hupy and Abraham discuss ways to better serve your employees and how prioritizing employee engagement can lead to improved client service.
Kenny and his longtime friend and mentor, attorney Eric Bland, discuss their careers in the legal field and lessons they've learned along the way.
Trial attorney Ira Leesfield shares how he built his national practice through a multidisciplinary approach focused on results, branding, and persistence.
Kenny speaks with Texas attorney Amy Witherite about how she quantifies her lawyers' performance to challenge her team, achieve higher settlements, and grow the Witherite Law Group.
In this week's episode, Kenny had the pleasure of speaking with attorney and author of Exposing the Deceptive Defense Doctor, Dorothy Clay Sims, about proving post traumatic stress disorder (PTSD) in civil cases and how to expose deceptive defense tactics.
We are joined this week by Kenny's good friend attorney Russell Button and his colleague attorney Ashley Washington to discuss Button Law Firm's all-in team approach and how their team uses focus groups to prepare and empower their clients.
In this episode of Best Practices, Alabama defense attorney Ashby Pate shares insights about creating narratives and telling the human story from the defense side.
Kenny Berger and Missouri attorney Chris Finney discuss the power of using before and after witnesses to share clients' stories and strengthen their cases.
Attorney Kenneth Berger and Dean Danielle Holley-Walker, Dean of Howard University School of Law, discuss the transition in legal education toward more experiential learning.
Trial consultants David Ball and Artemis Malekpour join Kenny to discuss how the pandemic will affect trying cases today and into the future.
From her trial journals to always admitting her mistakes, Kenny Berger and Washington trial attorney Karen Koehler discuss how her full disclosure approach benefits her legal practice and her life.
Kenny Berger and South Carolina attorney Mark Bringardner discuss various formulas and damage calculation scenarios to use in closing arguments when making the ask for damages.
In the first episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer David Yarborough of Yarborough Applegate in Charleston, SC to discuss the "Power of No," during litigation, case selection, and more.