The Jury Is Out

Episode: 321

Whistleblower Cases with Tony Simon

June 1, 2022

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.

Episode: 320

Tips for Dositions Part Three

May 25, 2022

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.

Episode: 319

Tips for Dositions Part Two

May 18, 2022

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.

Episode: 318

Tips for Dositions Part One

May 11, 2022

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.

Episode: 317

Things They Don’t Teach You In Law School Part Two

May 4, 2022

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.

Episode: 316

Things They Don’t Teach You In Law School Part One

April 27, 2022

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.

Episode: 315

Improvisational Skills Can Help Improve Your Practice

April 20, 2022

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.

Encore Episode: 213

Losing Sucks

April 13, 2022

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. 

Episode: 314

Theater in the Courtroom Part Two

April 6, 2022

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.