The Jury is Out offers insight, experience, and mentorship to trial attorneys who want to better serve their clients and improve their practice with a focus on client relations, trial skills, and firm management.
Episode: 327
The Authentic Lawyer with Brad Winters Part Three
August 3, 2022
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.”
Episode: 326
The Authentic Lawyer with Brad Winters Part Two
July 27, 2022
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.
Episode: 325
The Authentic Lawyer with Brad Winters Part One
July 20, 2022
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.
Episode: 324
Cognitive Science with Dan Holloway Part Two
July 13, 2022
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.
Episode: 323
Cognitive Science with Dan Holloway Part One
July 6, 2022
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.
Encore Episode: 134
Settlements Part Two
June 29, 2022
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.
Encore Episode: 133
Settlements Part One
June 22, 2022
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.
Episode: 322
Focus Groups
June 15, 2022
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.
Encore Episode: 102
Opening Statements
June 8, 2022
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.
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