The Jury Is Out

Episode: 201

More Confident Cross-Examination with Patrick Malone Part One

March 17, 2021

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 

Encore Episode: 134

Settlements Part Two

October 28, 2020

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  

Episode: 133

Settlements Part One

October 21, 2020

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.

Episode: 132

Auto Fraud with Bernard Brown

October 14, 2020

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.

Episode: 131

Consumer Fraud with Bernard Brown

October 7, 2020

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.

Episode: 130

COVID-19 and Your Practice with Ron Norwood

September 30, 2020

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.

Episode: 129

Focus Groups Part Two

September 23, 2020

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. 

Episode: 128

Why Guess? Focus Groups Part One

September 16, 2020

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.

Episode: 127

Voir Dire Legal Issues

September 9, 2020

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.