The Jury Is Out: Recent Episodes
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The Jury is Out offers insight, experience and mentorship to trial attorneys who want to better serve their clients and improve their practice. Hosted by John Simon, Member of the International Academy of Trial Lawyers and Founder of the Simon Law Firm, Tim Cronin, Attorney at the Simon Law Firm, and St. Louis attorney Erich Vieth, named one of the top Appellate Attorneys in Missouri in 2021, The Jury is Out focuses on client relations, trial skills and firm management. Nationally recognized guests add depth and vision to the lively and inspiring discussion. Recognized by the National Law Journal as one of the winningest law firms in America, The Simon Law Firm has obtained more than $1 billion in verdicts and settlements in medical malpractice, personal injury and corporate law since the firm’s founding in 2000. The Jury Is Out is a production of The Simon Law Firm. Contact John and Erich at comments@thejuryisout.law.
You’ve probably made lists of how to win your case, but Alvin Wolff suggests it may be more beneficial to consider 20 ways to lose. Hear the rest of Alvin’s tried and true rules from real life courtroom experiences in Part Two of our discussion. We’re pretty sure at least one of these tips will help you be a better attorney.
The corporate rep depo is a powerful tool to expand discovery and solidify facts in your case. Today’s discussion covers what information you should seek in a corporate rep depo, effective ways to organize comprehensive topics and questions, and how to address common objections.
Your product liability case isn’t just about a single product. Design changes, comparable models, previous incidents and marketing materials should be carefully examined to find the potential flaw or “profit over people” claim for liability. We’ll offer more tips on where to look to find this information and how to use it.
The scope of your pleadings dictates the scope of your discovery, and it’s important to make sure your pleadings are broad enough to allow discovery into all the product issues you need to explore. This two-part discussion outlines a discovery checklist for product liability cases, including what documents and persons may be pertinent to your case and how to track them down.
Our discussion on building a product liability case continues, with a focus on pre-suit discovery, regulations, industry standards and potential defendants that are often overlooked.
Are you missing a product liability claim ? Product liability cases can be complex, challenging, and sometimes hard to recognize. John, Tim and Erich discuss how to recognize and evaluate a product liability claim as well as how to overcome some of its most common challenges.
Can the attributes of a good trial attorney run in the family? Part Two of our Father’s Day discussion about practicing law with your Dad talks about the decision to follow your father’s footsteps and live up to the family reputation.
If given the opportunity, would you say yes to working with your Dad? In recognition of Father’s Day, father-daughter trial lawyer duos John Simon and Mary Simon, and Judge Jack Garvey and Colleen Garvey discuss the joys and frustrations of going to work every day with Dad.
Let’s talk technology, eDiscovery, Chat GPT and how to make use of our time in a productive way. All of these tools are coming at us lightning fast – listen to our discussion with Joy Holley, John Simon and Erich Vieth on where to start the learning process.
Artificial Intelligence has significant impact on all industries and especially in the legal industry. Joy Holley discusses the exponential growth of AI and the use in legal and in which the courts are now starting to weigh in.
Handling a high profile case? Attorney Robert Haar has a few helpful tips on how to deal with the press, convincing reluctant witnesses to cooperate, and the power of taking pride in your work in Part Two of our conversation.
Bombings. Organized crime. And witness protection programs. Gain insight into these interesting areas of the law with renowned St. Louis Attorney Robert Haar. Part One of our discussion covers these issues plus pitfalls in parallel proceedings, when to advise corporate clients to retain separate counsel and much more.
There’s a good chance your expert is going to be asked about facts that aren’t in evidence, prior relationships with your firm and their own compensation in the case. Should you be nervous about that? Not if you’ve followed our tips on expert prep. We also discuss the best way to help experts prepare their opinions prior to depo, which will save time, make the depo go more smoothly, and most importantly, eliminate surprises that could cost you your case.
Significant physical injuries may be visible to the jury, but emotional harms are not. Are you doing everything you can to help the jury understand and compensate your client’s emotional damages? This episode addresses ways to communicate emotional harm and strategies to diffuse defense challenges to your claims in closing.
When you ask for damages, you expect jurors to put a tangible number on an intangible loss. How can you help them decide upon a full and fair amount? In our continuing series on closing arguments, we offer a framework for presenting damages that provides a compelling rational basis for damages, shows what the law requires, and puts the client’s losses in perspective the jury can understand.
Part Two of John Simon and Tim Cronin’s 49 Tips for Closing Arguments examines a range of issues including whether your close should suggest a range for damages vs asking for a specific number, strategies to make the jury’s job easier, and case framing that helps jurors feel better about taking money from the defendant if they are having a hard time giving it to the plaintiff. Take a tip from the pros and help the jury rule in your favor with a more persuasive closing argument.
The Simon Law Firm has earned over $1 billion in verdicts and settlements since the firm’s founding in 2000, so these attorneys obviously know how to close. John Simon and Tim Cronin offer 49 tried and true tips for strengthening your closing argument, such as how to handle life care plans and ways to make your issues more personal for jurors. Part One covers the first 25 tips which will help young lawyers and seasoned pros craft more effective closing arguments.
Are you using your close to restate the obvious or educate on the unknown? Jurors may already know how they are going to rule in your case, but they probably don’t know how to apply the law, assign damages, or wade through 40 pages of instructions. You can help. Today’s episode discusses three keys to a winning close: arm the jurors to argue on your behalf, explain the law, and engage their interest. Tune in and turn your next close into a persuasive legal education that helps jurors better understand their role when deciding your case.
Are you creating self-defeating typography by using underlines, caps, and fonts that make your argument less inviting to your reader? Author and attorney Matthew Butterick shares key points from his book Typography for Lawyers on how to make your next brief or email easier to read, which helps your reader stay focused longer and reduces annoyance. Matthew believes that small positive mental shift could sway a decision in your favor. Once you recognize that you are a legal publisher, you’ll see why font matters.
If you’re looking for wise words from a respected mentor, this episode is for you. Through 33 years of trial experience and years as a mediator, George Fitzsimmons has distilled his cases to their essence and established basic tenets on how to treat experts, colleagues, and clients in ways that build credibility for you and your client. George also reminds us that the most important thing you bring to your case is your reputation. Wise words indeed.
George Fitzsimmons has tried more than 250 jury cases on both sides and handled more than 500 mediations. His experience spans decades and his wisdom has schooled dozens of prominent attorneys, including John Simon. Tune in for classic courtroom stories, tips on why you should consider taking bad cases, and what remains the same in the courtroom from one of the Midwest’s most respected attorneys.
In Part Two of our unfiltered discussion with legendary plaintiff attorney Tom Keefe, you’ll learn Tom’s strategy to “housebreak” a witness and how to handle a highly-coached expert. You’ll also hear Tom’s most embarrassing moment in trial when a common statement of surprise actually occurred in the courtroom.
Considering a civil rights practice? Be prepared for clients that are not always truthful and juries that are probably against you before you say your first word. But you can also make huge positive changes in our society. Civil rights attorney Bevis Schock shares his strategy on how to evaluate potential clients, ways to be creative in the law, and tips on getting started in this challenging and rewarding field.
Considering a civil rights practice? Be prepared for clients that are not always truthful and juries that are probably against you before you say your first word. But you can also make huge positive changes in our society. Civil rights attorney Bevis Schock shares his strategy on how to evaluate potential clients, ways to be creative in the law, and tips on getting started in this challenging and rewarding field.
Solo practitioners need to be nimble at technology, marketing, and much more. Attorney Bevis Schock shares his tips for solo practitioners on how to get new clients, ways to keep more productive records, software recommendations, and the pros and cons of recording conversations. Even if you’re part of a big law firm, tune in for some expert advice.
As the trial unfolds, the issue of agency expands into an examination of First Amendment rights. How did Tim and John prepare for this line of attack? We conclude this fascinating in-depth case study with an overview of critical trial testimony, descriptions of the emotional evidence that made the case, and the substantial ruling for two young clients.
You did your homework and discovered the opposing counsel’s expert contradicted himself in previous depositions. Once you get your excitement in check, you need to make a strategic decision; Do you drop the bombshell in the depo, or wait for a mic drop in court? Today’s discussion examines the pros and cons of both decisions and offers a gentle reminder to remember to do the same research on your own experts, because having the mic dropped on you ain’t nearly as much fun.
In a complex case involving a multi-tiered church entity and severe injuries to young children from a faith demonstration that went horribly wrong, The Simon Law Firm focused its case on the issue of agency. In Part One of this 3-part series, learn the background of the case and how John and Tim formulated their precedent-setting arguments. If you ever face an agency claim in your practice, tune in for this master class on courtroom strategy.
Have you ever been forced to wear a tuxedo to court? Have a client kidnapped and tortured on a roof in China? Or watch your co-counsel perform life-saving treatment on a juror? Crazy things happen when you’ve been a plaintiff attorney for decades. Tune in for these true stories and more as John, Erich and Tim share some of their more memorable courtroom adventures.
Ever wonder why the facts and conclusions of your case seem so obvious to you, but the jury rules the other way? Perhaps you made them think too hard. In today’s podcast, attorney and author John Blumberg shares constructive tips on how you can make your next case story more believable. Learn how we process and retrieve new information, the powerful difference between analogy and metaphor, how to reach conservatives and liberals, and more from John’s new book Persuasion Science for Trial Lawyers. He throws in a few Jedi Mind Tricks too…..impressive.
Brad Winters started writing down insights, tips, and life tricks when he was a young man and continued making “notes to self” for decades. Now, as a respected attorney and mediator with decades of experience, Brad’s 48 Secret Rules of Lawyering might show you a new way to work smarter, be nicer, and make fewer mistakes. Tune in and follow Brad’s Rule 47; “Learn. Learn. Learn.”
As a mediator for more than 600 civil cases, Brad Winters is an expert on the skill and science of mediation. Surprisingly, his goal is not to settle the case but to elicit the plaintiff and defendant’s best proposals to find out if the parties can settle. Brad’s insights on the effectiveness of opening statements in mediation, how to set a positive tone and the value of trust can help you be more effective in your next mediation.
There’s no substitute for experience, and today’s podcast with John, Erich, and renowned attorney and mediator Brad Winters brings 120 years of experience and insights to the table. Tune in to learn more about the value of mentoring and personal interaction in the days of virtual lawyering, and how you can become a more authentic lawyer.
Honesty and authenticity. Competence and trust. Cognitive science provides a research-based road map on how to project these positive points of connection toward judge and jury. Part Two of our conversation with Dan includes reasons to use simple language for cognitive ease, how to link numbers with emotion to enhance memory and five key steps in the process of persuasion. Dan’s research-packed book, Lawyers, Judges and Semi-Rational Beasts, provides deeper context.
Do you structure your case strategy based on the idea that our brains are designed for truth? You might be very wrong. In his book, Lawyers, Judges and Semi-Rational Beasts, Dan Holloway shares insights from cognitive science that can help attorneys craft stories and supporting analyses that are more likely to convince jurors. Dan also shares a valuable tip about a common behavior that should send up a red flag, whether you sense it in voir dire, or coming from your own consultant.
Settlement negotiations are not always successful. But a disappointing negotiation can yield important information about your case, and your opponent, that you can use at trial. What to share during settlement, and what to withhold, are important considerations that can impact the final outcome. Tune in to learn some effective settlement negotiation strategies in Part Two of our series on settlements.
Are you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? And should you work up a case differently if you plan to settle instead of going to trial? In Part One of our two-part series on settlements, John and Erich discuss when to start settlement talks, how to negotiate from a position of strength, and when to walk away.
Wish you had a way to predict how the jury will respond to your argument? Consider conducting a focus group. Tim Cronin discusses the benefits and limitations of online and in-person focus groups, how to prepare your narrative, ways to test various strategy scenarios, and personal courtroom success stories where focus group results changed the case.
Your opening statement gets the jury interested in your client’s story. Many attorneys overpromise in their opening and risk losing the jury’s trust. John and Erich discuss effective strategies to make your opening statement a short, sincere conversation that defines your theme and convinces the jury that correcting this important issue is the right thing to do.
A potential client believes their company or institution is defrauding the federal government. What should you know before you take the case? Business litigation attorney Tony Simon offers strategic insight into whistleblower cases including the extent of the relayer’s personal knowledge of fraud, considerations for filing the case, how the government’s involvement will impact the litigation, and to what extent your potential client may or may not be protected, and what you and your client may receive as compensation. Government fraud impacts us all, so tune in and get a few tips on this important area of litigation.
Our final episode on Tips for Deposition covers issues that may arise during the depo such as evasive witnesses, speaking objections, and preserving the record. We also discuss strategies for forming more effective questions, boxing in the witness, and reinforcing statements that support your case. Keeping these tips in mind will help you find the facts you need to paint a clear picture for the jury and create a rock-solid record for the judge.
Part Two of our depo discussion offers 15 additional tips on strategy and goal-setting during prep, including opening the door to admit evidence, preparing exhibits, and doing your homework on your witness. We also discuss how to improve your depo outline (yes, you should have one!) and what you should add to keep your focus on the witness and not on your legal pad.
Whether you’ve taken hundreds of depos or just a handful, you can always use a few tips to save time, better prepare your deponent, or clarify your argument for the jury. Part One of our three-part series on deposition tips addresses 13 specific suggestions for depo preparation and planning, when to take a depo and how to frame your questions more effectively.
Don’t let inexperience hinder you. Use it as an excuse to ask, learn and be creative. Part Two covers considerations on hiring experts, creative ways to get “experience”, the power behind creating social capital, and an eye-opening exercise you probably didn’t learn in class; prepare an opening argument for your opposition before you go to court to illuminate key issues and figure out how you will respond. Today’s discussion also offers a handy checklist for preparing for trial that could save you hours of angst.
So you passed the bar and got your first job at a great firm. Excellent! But are you really ready to be a lawyer? Part One of our discussion focuses on how to be a stronger part of the team, pro tips for scheduling and delegating more effectively, and advice on keeping your head in the game of life while you learn the rules of law.
Many lawyers have difficulty staying mindfully present during depositions, cross-examinations, and client consultations because of stress, the fear of making a mistake, and worrying about what to say next. Learn the 3 rules for constructive cross-examination and improv techniques like looping from improvisational acting experts Steve Hohman and Olivia Espinoza to help steer the narrative and improve communication in every aspect of your practice.
Everybody hates to lose. If you avoid tough cases just because you might not win, you are doing a disservice to your client and yourself, and you are missing an opportunity to learn important lessons and build your character. Join John and Erich in this candid encore discussion on how to handle a loss with less pain and more gain. Reset your attitude and you’ll discover it’s not win or lose. It’s win or learn.
Consider the courtroom as a live drama unfolding before you. How can you direct the characters to tell their most authentic story and utilize breathing, dramatic structure, voice control, and more to make that story as persuasive as possible? The conclusion of our fascinating two-part discussion with Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION will change the way you prep and practice and leave you laughing with two instructive stories about termites and the best witness in the world. Don’t miss this episode.
A trial is a contest of competing stories and the jury is your audience. Prepare your witness for their best performance with tenets from acting and theater explained by Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION, a unique litigation consulting group. Their powerful and highly effective communication techniques, such as identifying non-verbal micro-expressions, harnessing the power of metaphor, and strengthening sensitivity and listening skills, will help your witnesses tell the essence of their story more effectively and help you command center stage in the courtroom.
“What matters most to us is effecting change.” That’s the philosophy of renowned trial attorney Charla Aldous and her firm Aldous\Walker. Charla Aldous is a trailblazer who also founded Athea Trial Attorneys, an innovative all-female virtual law firm. Join the spirited and inspiring encore conversation with guest host Amy Gunn of the Simon Law Firm as Charla reveals how she affects change in and out of the courtroom with kindness, commitment, and a passion for justice.
If it’s a cause worth fighting for, Texas trial attorney Charla Aldous is ready. Ranked as one of the top attorneys in America for over two decades, Charla’s authentic, no-nonsense strategy for case framing continues to convince juries, even in cases no one expects her firm to win. Tune in to this encore podcast with guest host Amy Gunn to hear the creative narratives from some of Charla’s biggest cases, and why taking a case she knows she won’t win has provided some of the most satisfying results in her prestigious career.
Citizens are guaranteed legal representation in criminal cases which may impact their freedom but are not guaranteed representation on issues regarding their physical and mental health, personal safety, government benefits, or housing, which may be life-threatening situations. In Part Two of our discussion, Dan Glazier and Karen Warren detail the assistance Legal Services offers to level the playing field for vulnerable citizens. Learn more about their services how you can help this vital organization remove barriers for low-income, low-opportunity citizens in your community.
The justice gap is real. Thousands of Americans face legal situations such as wrongful eviction, denied access to health and other public benefits, or domestic violence with no money for legal representation. Legal Services organizations are the poverty law experts…providing free legal aid and education to our most vulnerable citizens. Dan Glazier and Karren Warren of Legal Services of Eastern Missouri share their organization’s focus and goals. No matter what your legal area of expertise, consider stepping up to help someone in need by volunteering at a Legal Services agency near you.
Intimidated by oral arguments? Appellate law experts Joan Lockwood and Rich Finneran suggest reframing your mindset to create a teaching conversation with the judges rather than simply extending your argument with opposing counsel. Today’s episode also includes tips for preparing more effective oral arguments, how to handle questions from the bench, and a few good reasons to show up to court early no matter where you are on the docket.
Don’t wait for the request for appeal to hit your desk to start thinking about appealable issues. Many top firms pay close attention to appeal potential every minute of litigation. Appellate law experts Joan Lockwood and Rich Finneran discuss appellate brief basics, which issues have a greater chance of reversal, and how to prioritize key points. Tune in for tried-and-true tips which could improve your chances of winning your next appeal.
Trying to settle through mediation? Learn what works and what doesn’t from Hon. Glenn Norton, a former judge on the Missouri Court of Appeals who is now one of the most sought-after mediators in the Midwest. This encore conversation about the legal and psychological nuances of negotiation could make your next mediation more successful.
Are you stuck in a cross-examination rut? In part two of our encore presentation with attorney and author Patrick Malone, you’ll hear thought-provoking techniques to discredit dishonest witnesses, counter common issues and reduce tensions in the courtroom. Attack your next cross-examination with sharper skills and a new attitude based on this lively discussion about Patrick’s new book, The Fearless Cross-Examiner.
Want to take your cross-examination skills to the next level. In this encore episode, renowned attorney and author Patrick Malone challenges tired cross-examination practices and offers fresh insights on how, when, and where to research witnesses, outlines traps to catch the cherry-pickers and details his “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, The Fearless Cross-Examiner, and walk away with at least one tip that will improve your next cross-examination.
You make your case with your experts, but you win your case with theirs. This episode of The Jury Is Out focuses on how to undermine credibility and reveal bias, what to look for in the expert’s prior publications and depositions, how to use industry regulations, and much more. Tune in and take notes… you’ll hear over a dozen specific questions and tactics you can use to get powerful admissions and possibly turn the tables in your next expert deposition.
Your expert may know the case file forwards and backward, but are they ready for the opposing council’s cross? Have you provided all materials needed to secure their opinion? And did you prep them on key semantics like the difference between “probable” and “possible”? Erica Slater of the Simon Law Firm joins John and Erich to share tips on how to prepare your expert for depo to help them communicate and defend their opinion in a clear and convincing manner.
Expert witnesses can make or break your case. Not only do they need to understand the facts of the case and the subject matter, but they must also clearly communicate their position to the jury. But you can’t always count on credentials alone. In this encore presentation, Trial attorney Erica Slater of The Simon Law Firm joins John and Erich to discuss expert evaluation strategies that can help avoid surprises in the depo, trial, and invoice.
Part Two of our discussion on how to take a deposition dives into deeper issues, such as asking the ultimate issue in a case, tips for handling evasive witnesses, and how to get the information you want when the request is deemed overly broad or burdensome. John wraps up our discussion with his most important depo-taking tip; how to remember key points from any deposition and have them at your fingertips for future analysis.
According to John Simon, the three most important things to do when taking a deposition are to listen, listen and listen. But after that, what makes the difference between a depo that covers the facts and a depo that closes the case? Attorneys John Simon, Tim Cronin and Erich Vieth discuss when to deviate from your outline, what to do if opposing counsel tries to intimidate you, and why it’s important to get non-verbal responses into the record.
Of course you know you need to prepare for a depo, but can you improve your preparation? Tim Cronin, John Simon, and Erich Vieth examine research techniques, exhibit organization, and technical considerations that can help you better understand the issues, and your deponent. Tune in for timely tips that will help you feel more confident and better prepared for your next deposition.
A deposition is not a casual conversation. It’s a well-planned, goal-oriented investigation to uncover facts and opinions that will help you establish key points in your case. Do you know what you need from this deponent? Should you stick to a prepared list of questions or go with the flow? And how can you get clues to the opposing side’s strategy and reinforce the strength of your position during a depo? John, Erich, and plaintiff attorney Tim Cronin share tips on how to define your deposition goal and get the answers you need.
The purpose of every deposition should be to advance your case. How do you decide which depos are crucial to your case, and which ones you can or should avoid? In the first of several episodes on deposition strategy, Plaintiff attorney Tim Cronin joins John and Erich discuss key considerations regarding the first decision you make when planning your deposition strategy…will this depo hurt me or help me?
Part Two includes practical considerations and ideological drivers. Why are you doing this in the first place? What is the mission of your new firm? Who are your working partners outside your office? And how important is it to exit gracefully when you do decide to leave your current position? Tune in as John and Erich offer more great advice to help you start your new firm with a better chance of success.
The thought of starting your own firm appeals to many attorneys at some point in their careers. But there are several things you should consider before you quit your current firm or try to hang up your shingle straight out of law school. As the founder of a large firm and a solo practitioner, John and Erich discuss the pros and cons from two different perspectives and offer insights about software solutions, developing a virtual team of co-counselors, and other logistical issues you should consider before starting your own firm.
In an encore presentation of one of our most popular episodes (EP109), John Simon presents twelve specific tips for creating a highly persuasive opening statement. Take a listen and learn what all the other attorneys who downloaded this podcast already know about making their case stronger from the start. You’ll be glad you did when you step in front of your next jury.
Did opposing counsel push you around in your last depo? Are you at the office until midnight 4 nights a week? Have you joined 17 organizations with the hopes of expanding your network but it’s stressing you out instead? In part two of our discussion, you’ll learn how to avoid these common young-attorney pitfalls with real-life advice from John Simon and three of the newest attorneys at the firm. Tune in and discover successful strategies that can help any attorney become a better lawyer and a happier human.
Ever feel like your law degree gave you the keys to a shiny new sports car, but you don’t know how to drive? John Simon and three young attorneys from his firm offer reassuring hands-on-the-wheel advice about trying their first cases, taking criticism and learning to trust your instincts. Consider this episode a driving lesson from a trusted mentor who will help you navigate the stress and insecurity of life in the fast lane as a young trial attorney.
Marketing isn’t just billboards and blogs. Your most effective marketing tool is your own genuine interest in the people you interact with every day. John and Erich discuss simple ways to turn clients, contacts, and opposing counsel into marketing ambassadors for you and your firm. So, take a few minutes to re-think your preconceptions about how expensive and time-consuming marketing might be. These no-cost, no-brainer ideas can bring cases to your firm and enrich your life in the process.
Identifying the “I can’t get over it” issues in your case is the first step to successful case framing. But making your frame clear to the jury is key. When do you introduce your case frame? How often do you repeat it? And what is the defense going to do about it? In this second episode on case framing, legendary trial lawyer Mark Mandell drills down on how to select your most important issues, anticipate the attack and apply decision science in your courtroom strategy. The techniques you’ll learn in these two episodes may transform the way you analyze your cases and elevate your practice.
Betrayal. Do your job. The value of a handshake. Case frames like these help summarize the “I can’t get over it” issues of your argument in simple terms the jury can understand. But how do you know which frame fits? And what are the dangers of incorrect framing? Acclaimed author and attorney Mark Mandell joins Eric Vieth and Johnny Simon for an eye-opening discussion of his innovative method from his must-read books Case Framing and Advanced Case Framing. It’s more than a model, it’s a mindset for success.
Patents. Copyrights. Trademarks, wordmarks, and trade secrets. What’s the difference and why should you or your business care? Business litigation expert Tony Simon of The Simon Law Firm discusses the right way to protect your intellectual property and gives a few tips on avoiding copyright infringements to anyone who hires another firm to create their website, uses images off the internet, or modifies an existing product for intended sale…..could that be you? Tune in and find out.
How we think influences how we persuade and how we respond to what we see and hear. Learn the science behind effective metaphors, the power of familiarity heuristics and the importance of emotion in decision-making and discover how cognitive science can help you craft more effective arguments in the courtroom.
You throw down the gloves in the courtroom. But when the trial is over, should you still maintain an adversarial relationship with opposing counsel? Defense attorney Tim Gearin sits down with Erich Vieth and Plaintiff Attorney Tim Cronin of the Simon Law Firm to discuss why keeping cordial relationships across the aisle is not only the polite thing to do but can actually help your client, your case, and your career.
As corporations become more powerful and pervasive, individuals are finding it harder to protect their products and intellectual properties. Tony Simon shares anti-trust insights from his 30 years of business litigation experience with The Simon Law Firm and discusses tactics, pitfalls, and some of the more secretive practices of major corporations that impact us all.
Shortcuts never work out. Make a list of 20 ways you can lose your case. And It's okay to trust opposing counsel until you catch them lying, then never trust them again. These are just a few of Alvin Wolff’s tried and true rules from real life courtroom experiences. Tune in for Rules 21 through 40 and we guarantee you’ll find at least one idea that will significantly improve your practice.
With over four decades in the courtroom, St. Louis plaintiff Attorney Alvin Wolff has seen it all, and he took notes. Like “A client who has been through several lawyers is probably a client you wish you didn’t have.” And “If you act like you know what you are doing, the Court will probably let you get away with it.” This entertaining segment featuring Alvin’s first 20 tips is filled with real-life anecdotes, wisdom and lessons learned in the school of hard knocks will benefit attorneys of all ages.
“What matters most to us is effecting change.” That’s the philosophy of trial attorney Charla Aldous and her firm Aldous \ Walker. Ranked as one of the top attorneys in America for over two decades, Charla Aldous is a trailblazer who also founded Athea Trial Attorneys, an innovative all-female virtual law firm. Join the spirited and inspiring conversation with guest host Amy Gunn of the Simon Law Firm and Erich Vieth as Charla reveals how she affects change in and out of the courtroom with kindness, commitment, and a passion for justice.
As attorneys, it’s our job to persuade. Effective arguments are built upon logic, emotion, and trust, and you won’t win the jury without all three. But how do you build trust? Where should logic end and emotion begin? And how does case selection fit in? Join John and Erich for an insightful intellectual discussion about how your passion is the driving force behind every persuasive argument.
We spend a lot of time focused on how we practice law, but when do we take the time to wonder why? In his new book, The Way of the Trial Lawyer-Beyond Technique, best-selling author Rick Friedman examines the journey to find justice, the balance between intellect and heart, and how recognizing moral truth makes all the difference. Take the time to realign your internal compass with this essential episode.
Inspiration drives positive action, and the best attorneys are driven to succeed. Perseverance and determination is reflected in how we handle everyday challenges, make first impressions, and create new connections. John and Erich discuss how they rely upon inspiration in the courtroom and in everyday life and share their favorite words to live by. Turns out the biggest truths are pretty simple.
Wisdom from parents, coaches and co-workers may have built your ethical foundation, but where do you turn now to keep motivated? John and Erich point out the inspirational insights that are all around us, from strangers in the courtroom to our familiar yet sometimes forgotten oath. Reconnect with a refreshing and insightful discussion that will get you grounded again.
The Honorable Lisa VanAmburg is a founding member of the Women Lawyers Association and a retired judge, having served at both the trial court and appellate court levels. A legal pioneer in Missouri, she discusses the challenges and opportunities for women trial attorneys handling civil rights cases beginning in the mid-1970s. She also offers tips for trial attorneys: what judges like and don't like to see in court.
Do you measure your success with dollars and wins? Guest host Amy Gunn, who has worked with John at The Simon Law Firm for over two decades, talks with John about how the power of a positive upbringing, the wisdom of hard work and the joy of a generous heart helped him become one of the top attorneys in America and a very happy and successful family man and friend.
Some of the toughest battles are not in court. Substance abuse, depression and anxiety impact many attorneys. Take a few minutes for positive self-care with our guests Anne Chambers and Roger Whittler of the Missouri Lawyers Assistance Program (MOLAP). And if you want to talk, call MOLAP anytime at 1-800-688-7859 for free and confidential support services available to any Missouri attorney.
Have you ever won a $6.7 billion dollar settlement? Missouri plaintiff attorney Tom Strong did when he represented the State of Missouri in the landmark case against the tobacco industry. The ruling also provided equitable relief mandates that still save lives today. Tom discusses some of the pitfalls in the case and reveals his down-home way to earn the jury’s trust in part two of our conversation with Tom Strong.
Tom Strong is a legendary Missouri lawyer who began his career in 1957 and pioneered innovative courtroom techniques like accident reconstruction. He is recognized as one of the most successful, ethical and influential attorneys in America. He’s also well known as an engaging storyteller and he shares some of his favorites from his recent book, Strong Advocate, which he wrote at age 80. Tune in and be inspired by a conversation with Tom Strong.
We all hate to lose. But nobody wins every time. How you handle losing a case determines your real victory or loss, because the verdict isn’t the only thing on the line. If you avoid tough cases just because you might not win, you are doing a disservice to your client and yourself. Join John and Erich in this candid discussion on how to handle loss with less pain and more gain.
If it’s a cause worth fighting for, Charla Aldous is ready to fight. Her authentic, no-nonsense strategy for case framing continues to convince juries, even in cases no one expects her firm to win. Tune in to hear the creative narratives from some of her biggest cases, and why taking a case she knows she won’t win has provided some of the most satisfying results in her prestigious career.
Was it just a bad day in court, or do you really want to get out of law for good? How do you know if you just need balance or if you’re totally burned out? John and Erich talk with professional consultants at Missouri Lawyers’ Assistance Program (MOLAP) about evaluating your options, redirecting your career, and giving yourself permission to re-invent your life. The podcast is free, and so are the MOLAP counseling services. Take advantage of both.
You’ve got one shot to ask for damages that must last your client for the rest of their life. Is your strategy strong enough to get multi-million-dollar awards for your client? Boost your confidence in the courtroom.
How do you put a price on a catastrophic injury or a wrongful death? Deciding damages is one of the most difficult tasks for the jury. Here is how to provide jurors with the information they need to award the fair and just compensation your client deserves by following John Simon’s winning strategy.
You invested years of your life and plenty of cash in this career, but you just don’t love the law anymore. What the heck do you do now? John and Erich introduce you to two attorneys who left their successful practices to pursue new careers and never looked back. Could you do it too? This podcast could be the nudge you need to change your life.
When your doctor turns you into an opioid addict, you turn to a lawyer. Koon v Walden was one of the first cases in America to sue a physician for overprescribing opioids to a patient. Personal injury attorney Tim Cronin fought for the plaintiff and shares the inside story behind this landmark case and the current landscape of opioid litigation.
Where the %^&* is that document?! Wrangling papers and trying to recall strategic insights are top time wasters, but they don’t have to be. John Simon offers his wisdom on labeling and categorizing documents and ideas, task management, depo memos and keeping the value of the case in mind. John’s simplest time-saving tip may be the most important…don’t take a bad case.
A waste of time is the most extravagant of expenses. Are you utilizing all your resources efficiently to focus, delegate and eliminate distractions? In this timely skill-reset session, John Simon and Erich Vieth reinforce the need to prioritize time management and offer insights to help you boost creativity and productivity.
Searching for information in a corporate case can be like looking for a needle in a haystack. Corporate rep deposition rules should be your spotlight. John Simon and Erich Vieth highlight the unique powers of corporate rep depo rules and explain how to get around the most common depo roadblocks opposing counsel may put in your path.
John Simon believes the corporate representative deposition rules are some of the most powerful tools in your toolbox. Are you leveraging them to your best advantage? Join John and Erich Vieth as they discuss how to use the rules to find the right person to depose, track down the facts in a corporate information maze and focus on the follow up.
Are you stuck in a cross-examination rut? John and Erich reconsider old-school techniques with attorney and author Patrick Malone based on insights from Patrick’s new book, The Fearless Cross-Examiner. Learn thought-provoking new techniques to discredit dishonest witnesses, counter common issues and reduce tensions in the courtroom, and attack your next cross-examination with sharper skills and a new attitude.
Ready to take your cross-examination skills to the next level? Attorney and author Patrick Malone challenges tired and restrictive cross-examination practices and offers fresh insights on how, when, and where to research witnesses, traps to catch the cherry-pickers and Patrick’s “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, The Fearless Cross-Examiner, and learn at least one tip that will improve your approach in the courtroom. www.patrickmalonelaw.com
Settlement negotiations are not always successful. But you will always learn something about the case or the opposition that may prove helpful later. What to share during settlement, and what to withhold, can impact the outcome. John and Erich share settlement strategies in Part Two of our focus on settlements.
John and Erich will take a short break to prepare episodes for season two. Send topics that you would like them to discuss when we resume to: comments@thejuryisout.law
Are you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? John and Erich share solid tips on when to start settlement talks, how to negotiate from a position of strength and when to walk away.
Rebuilt wrecks. Odometer rollbacks. Car financing fraud. How can these small claims add up to significant judgements? Missouri consumer fraud expert Bernard Brown shares his extensive experience in the auto fraud field and offers car buying tips every consumer should know to protect themselves from unscrupulous auto dealers and finance firms.
Bernard Brown studied as an undergraduate at St. John’s College in Annapolis, Maryland (a “Great Books” school), before obtaining his undergraduate degree from the University of Toronto (in Toronto, Ontario) and his law degree from the University of Kansas. He has been in private practice in Kansas City since 1980. Between 1984 and 1996 his office was focused on representing victims of car fraud -- such as the fraudulent sale of rebuilt wrecks and cars with odometer rollbacks. More recently he also has worked on class actions relating to vehicle sales and financing, on mortgage fraud cases (in conjunction with Legal Aid in Kansas City), and on “no title” car cases against finance companies. His cases have resulted in many notable jury verdicts and settlements, and a sizable number of his cases have resulted in published court decisions of significance in these areas of the law.
Considering a consumer fraud case such as odometer rollback or mortgage fraud? Missouri consumer fraud expert Bernard Brown offers key insights to Missouri’s Merchandising Practice Act and tips on resources and rulings that can help improve your consumer fraud case.
Bernard Brown studied as an undergraduate at St. John’s College in Annapolis, Maryland (a “Great Books” school), before obtaining his undergraduate degree from the University of Toronto (in Toronto, Ontario) and his law degree from the University of Kansas. He has been in private practice in Kansas City since 1980. Between 1984 and 1996 his office was focused on representing victims of car fraud -- such as the fraudulent sale of rebuilt wrecks and cars with odometer rollbacks. More recently he also has worked on class actions relating to vehicle sales and financing, on mortgage fraud cases (in conjunction with Legal Aid in Kansas City), and on “no title” car cases against finance companies. His cases have resulted in many notable jury verdicts and settlements, and a sizable number of his cases have resulted in published court decisions of significance in these areas of the law.
COVID has changed the way every attorney works. Trial and appellate attorney, arbitrator and professor Ron Norwood joins John and Erich for a positive discussion on how firms of all sizes have adapted and often improved their practices under pandemic restrictions. Tune in and share some virtual camaraderie as we continue to record from home offices.
Ronald A. Norwood, a native of Chicago, and 1986 MU Law graduate, joined Lewis Rice in 1988 after serving as a law clerk for U.S. District Court Judge Scott O. Wright in Kansas City from 1986 to 1988. He was named an equity member of Lewis Rice in 1997.
Throughout his legal career, Ron has acted as a trial attorney and appellate attorney in state and federal litigation matters throughout the United States, with primary concentrations in Missouri and Illinois. His wide-ranging practice includes representing national and regional banks, mortgage companies, and other financial institutions; health insurers, health maintenance organizations, and health care providers in health care litigation disputes; and manufacturers in product liability litigation, consumer fraud claims, and disputes arising under the Uniform Commercial Code. He has also served as counsel to the St. Louis Metropolitan Police Department and the St. Louis Career Education District, and currently serves as trial counsel for the St. Louis Public Schools District.
Focus groups are powerful legal tools, but they should be used strategically. John and Erich discuss how and when to do a focus group, suggest ways to use the data for trial and negotiation, and point out pitfalls to avoid.
Why guess how a jury might respond to your case when you can actually test your position before trial? John and Erich examine the value and structure of online and in-person focus groups and illustrate how focus group insights can strengthen your case from voir dire to damages.
What are the courtroom standards for voir dire in Missouri law? John and Erich discuss current interpretations of the legal statues based on their experience in the courtroom.
So you’ve identified a potential juror you don’t want deciding your case. How can you effectively remove them? John and Erich share thoughts on how to expose bias and get jurors off for cause.
What is the scope of voir dire? Are there topics you can’t bring up, even though they may be critical to your case? John and Erich discuss what you should and should not explore in voir dire.
So many potential jurors, so little time! Knowing the right questions to ask to during voir dire, and what to listen for in the answers, can improve your odds of seating a jury that will fairly evaluate your case.
Selecting impartial jurors to decide your case is critical. But how can you tell who in the pool is impartial? John and Erich share voir dire tactics to help you uncover hidden bias or prejudice that could derail your case in deliberation.
Medical Malpractice Attorney Amy Gunn hates the term “work-life balance.” But her tips on setting workable priorities for career, family and personal goals can help any busy attorney find more “balance” as they pursue a busy, goal-oriented life.
How can you be more persuasive with your clients, co-workers and in the courtroom? Hon. Mike Wolff, retired Chief Justice of the Missouri Supreme Court and former Dean of the Saint Louis University School of Law, joins John and Erich to focus on the powers of persuasion.
Patents, trademarks and copyrights all apply to artistic creations such as music, art, written work and inventions, but how? Intellectual property expert Yvette Liebesman explains the complex legal nuances of artistic rights protection.
Your experts are the foundation of your case. Preparing them properly helps ensure your key points are brought out in depo. Erica Slater of the Simon Law Firm joins John and Erich to discuss the challenges of selecting and preparing your expert for deposition.
John Simon and Erich Vieth are again joined by John Campbell to discuss Campbell's research on juror attitudes in the age of COVID-19. How nervous are people about showing up to serve in person as jurors? Will their attitudes toward wearing masks affect their willingness to serve? Have their attitudes about doctors changed to the extent that it would affect outcome on medical malpractice cases? Campbell has surveyed hundreds of potential jurors on these issues. Bonus issue: Should we use this pause in jury trials as an opportunity to re-conceptualize new ways to try jury cases in order to better address juror bias?
To what extent are people willing to return to court to serve as jurors during the pandemic? John Simon and Erich Vieth discuss this topic with attorney and researcher John Campbell, who has conducted focus groups involving 1,500 jurors. Many, but not all, people are apprehensive about returning to jury service. This podcast explores juror attitudes regarding jury service, juror safety, and the extent to which a reboot of COVID-19 jury service might skew trial outcomes.
John Campbell, JD is trial and appellate lawyer turned law professor turned jury researcher.
Downloading a photo. Playing a cover at the coffee house. Your firm’s website. Who owns what, and when can you use someone else’s work? Intellectual property expert Yvette Liebesman discusses the legal ramifications of IP that surround us every day.
Your written discovery request is the blueprint for what you need to prove in your case. But chances are, you won’t receive all that information without a fight. John and Erich share tips on addressing objections, drafting interrogatories and successfully navigating the discovery process.
It sounds like a good case, but are you willing to bet your firm on it? John and Erich discuss case selection and highlight potential problems that are best to avoid early.
Lawyers may get a bad reputation, but where would we be without them? John and Erich review the many ways attorneys protect our rights, deter bad behavior and uphold the ethics of democracy.
Hon. Glenn Norton returns to discuss appellate practice. Speaking from his experience on the Missouri Court of Appeals and as a trial court judge, Judge Norton discusses appellate strategies that work and shares insights into what can send your appeal down the wrong path.
It’s time for your client to tell their story to the jury, but will it be communicated in the most persuasive way possible? John and Erich offer tips on helping your client project the best version of themselves in the courtroom and how to prepare them for testimony and cross examination.
Your client’s deposition will make or break your case. John and Erich discuss strategies to prepare your client for depo and talk about the role you should play as their counselor during this important and stressful phase.
The opening statement is your introduction to the jury. John presents twelve specific tips for creating strong Opening Statement that can help your next case start off with a solid first impression.
Experts can make or break your case. How can you evaluate potential experts for your case more effectively? Trial attorney Erica Slater of The Simon Law Firm joins John and Erich to discuss expert evaluation strategies that might help avoid surprises in the depo, trial and invoice.
John and Erich offer more suggestions on how to help your client discuss the weak parts of their testimony, and how to prep your client so that they can be the best version of themselves when facing the jury and opposing counsel.
Ever had a client depo that didn’t go well? John and Erich share tips on preparing your client for deposition, building trust and confidence, and how you can manage the process for success.
Successful firms don’t just take strong cases, they turn down weak ones. But how can you tell the difference in the first client meeting? John and Erich share their experience on assessing potential clients and offer tips you can use to assist your decision-making process.
Considering mediation? Learn what works and what doesn’t from Hon. Glenn Norton, a former judge on the Missouri Court of Appeals, who is now one of the most sought-after mediators in the Midwest. His conversation with John and Erich could make your next mediation more successful.
You probably won’t win your case with an opening statement, but you can lose it there with a poor introduction. John and Erich share tips on crafting an effective opening statement. Rule Number One: “Don’t be Boring.”
The jury will never be more interested in your case than at opening statement. John discusses strategies effective trial lawyers use to seize this moment, communicate the case and earn trust.
Developing a strong client relationship is vital to succeeding in court and in your career. Trial attorneys John Simon and Erich Vieth introduce themselves and talk about building trust from the first client meeting to the courtroom.