Author: elarrickbrand

Think jury instructions are where to start with getting ready for your jury trial? Think again.

Join Elizabeth Larrick as she shares key strategies for achieving courtroom success. Learn why understanding a judge’s rules and procedures is as important as knowing your case facts. Elizabeth delves into the specifics of voir dire, discussing time allocation and format variations to connect with jurors.

Elizabeth offers strategies for adapting trial preparations to meet the demands of any courtroom environment. Learn to manage expert witness schedules and align your presentation to the judge’s persona to avoid unexpected setbacks. Through real-life examples, this episode highlights the importance of meticulous planning and understanding a judge’s expectations to ensure effective execution of every trial element.

In this episode, you will hear:

• Maximizing trial success strategies
• Navigating trial preparations and judge persona
• Nuances of voir dire: time allocation and format variations
• Strategies for connecting with jurors
• Legal research and preparation for judge’s trial persona to avoid unexpected setbacks

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Are you interested in booking a free consultation call about focus groups or trial strategy?

Use this link to find a convenient time for you to talk with Elizabeth.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Episode Transcript

Hello, and welcome back to the podcast. I’m your host, Elizabeth Larrick, and I’m excited that you’re here today for this episode.

Before we dive in to our episode, I just want to recognize that today, the release date for this episode will be September 11th. And knowing what [00:01:00] a crucial date that was for our history, I just want to take a quick moment to pause for silence.

Alright, thank you so much. And if you’re listening to this later on, which can happen for folks in their download, that’s totally fine. Uh, I always want to recognize we have a major technical issue. Date that comes through if it’s on my release date. All right, so let’s jump right in This is an episode for anybody who is going to trial at any point in their career Okay, because we have been taught as lawyers that the place to start you get a case in Where do you go is to get those jury instructions and figure out what you need to prove And that puts us all on our legal track about all the facts we need to go find, the investigation that we need to do, and we’re fully engaged in our lawyer brain, right?

And that’s where law school tells us that. A lot of times our first jobs will tell you that. Okay, well what do you need to prove? Go [00:02:00] find those jury instructions. But a smarter place to start would be to go find the judge’s rules and procedures for trial because that will tell you a whole lot more about how you can try your case.

Because in trying cases, it is much more important about the how versus the what. Almost every case that I get involved with, cases I see and hear about, the lawyers have the what. They have the facts. They go investigate. They get the depositions. They talk to the witnesses. It’s the how that we are all striving to work on.

How do we talk to the jury? How do we present this the best way possible? The delivery of the information here is key, which is why we have so many trial consultants, focus groups, data surveys, jury consultants, right? Books upon books, CLEs upon CLEs [00:03:00] that try to tell us, help us understand how we can talk to juries and how we can communicate our cases.

So, The reason why I think we need to start with looking at our judge’s rules and procedures is because that will significantly craft how we will put on our trial. And the number one thing you want to find out about your judge in their courtroom is how they conduct voir dire. How much time do you get And what is the format?

Very significant. Some folks come in and you may, you may give you all day. Some may give you three hours, some 45 minutes, some 20 minutes, right? That is a huge difference. 20 minutes to a whole day, cover a whole lot more things in a full day. So you really want to be able to know how much time do I have?

Because then that will help me hone in on what are the key questions, [00:04:00] right? What are the key things that I need to talk Um, and then also allowing you to practice that because sometimes we’re used to having a significant amount of time and when we don’t, we have 20 minutes, we even have 45 minutes compared to normally having a day, we really have to work on making that succinct, but still being true to who we are and making connections with our jury.

The other part about this is the format or the style of what deer. Some folks, it’s. You turn around and you face the whole jury panel because they’re sitting where the public, in the gallery, where they would normally sit. And you get to see all faces and you talk to everyone all at once. Other folks, other judges like to put 12 in the box, 14 in the box, and that’s who you talk to.

Right. And then they just replace them as they go along. And that kind of makes it a little difficult for like, where are we putting our body and who we’re talking to and knowing that everyone is listening to us. [00:05:00] Right. Same thing, right? How are we navigating that and what kind of questions that we want, because Jury selection is this place that we actually can talk to jurors, where we build our credibility and this is our golden time to talk to them.

So we really want to use it wisely and have it designed the best way we can for our case. And best example I could give you is thinking about how Nick Rowley does jury selection. His key thing about jury selection is Eye contact, right? And being fully present with the folks that are talking to him and engaging with them on a real personal level, even though you’ve just met.

Um, and he does that a lot through eye contact, knowing what he’s going to say, but also again, being very present in that. And if we find out last minute, [00:06:00] we find out 30 days out. Oh, hey, by the way, this is going to be your jury selection. That doesn’t give us a lot of time because we’re putting all the other pieces of trial together.

We really want to make sure that we show up and we’re not surprised and we’re not hurrying, right? We’re being as present as we can with those folks because that’s that golden time, right? To be one on one with them and ask them questions, right? And be present in their answers. No other time do we get to do that in trial.

Uh, you may think, oh, well, we get to do closing arguments. Honey, if you, if you’re waiting to close an argument to bond, like connect, build credibility, you just missed the whole window, right? Missed the whole trial there. So number one, we want to find out from our judge, how are they doing jury selection?

Now, this also includes the ability to plan if you need to use a questionnaire. If 20 minutes, Then let’s do a questionnaire. And now you have the whole case to be thinking through what goes on this questionnaire. [00:07:00] What are the key things? key factors that we could ask on a questionnaire. That’ll get through, right?

Because we’re just gonna be thinking about what the other side’s gonna object to and what the judge will allow, right? Same thing. We want to be able to think that through and really practice that out and use our focus group information to plan out our questionnaire. And same thing if you may You’ll be able to file a motion to extend, you’ll know what your stats about how that’s going to work out for you or not, but just to be able to plan for that as well.

Again, there are lots of balls in the air when we think about getting in that 30 day mark before trial. Motions in limine. deposition diagnosis, then cutting those depots, you know, getting on the phone with counsel, getting all our witness lines lined up, talking to our experts. There’s a lot going on. And so that’s why we want to get this out early so that we can plan for it ahead of time.

The second key thing that we want to get and learn about our judge Transcribed by https: otter. ai Is there trial procedure, literally [00:08:00] how they like to have their evidence presented? Do they allow a PowerPoint, right? Do you have, are there special rules they want so that you can make sure the jury gets a copy of everything?

And then also their daily schedule. Judges have other stuff to do, right? And so some like to start late to allow business before the jury gets started. And some like to block off extra time at lunch. Some want to end early, some skip an entire day, some skip two days in a week to be able to handle this extra stuff.

And that is really crucial in planning your order of proof, planning out your witnesses, who is going to go and how are they going to end and what happens if you end on cross exam one day, like what kind of witness will that be? And that really becomes significant when you’re thinking about playing videos versus live witnesses.

And if you have some shortened days and you can predict around those now, that will significantly help you maybe be able to [00:09:00] avoid extra fees with our experts having to stay over because we know that our opposing counsel will be watching that clock and seizing that moment if they can. And that’s just kind of one of those things.

Can we plan around that a hundred percent? No, things come up that we can’t plan around. However, we can know at least several months out or even right when we start how this judge is going to run that daily schedule that will really help us be able to shape our evidence. And also to know, like, have a plan, a backup.

Maybe we have extra before and after witnesses to fill in gaps, right? Most of the time, this is kind of an afterthought. Like, oh, well, if we have them, great. If not, no big deal. However, think of it as, okay, we could have a whole different, we could have a whole group, a whole gang of folks that there always will be somebody ready every single day if we run out of things or if we need to have a gap filler, right?

Nothing wrong with that. Is there? Of course not. And again, that just shows the judge you’re ready and you’re [00:10:00] ready to go and try the case and you’ve got people waiting outside no matter what happens. And that is a significant thing. You want to make sure the judge knows that and the defense counsel does too.

All right, our last piece we want to dig into here with our judge’s procedures and rules is we want to do some legal research and find out what is the judge’s trial persona. How do they act in a trial? Some judges are the same, same emotion, same with trials. Some of them become this larger than life character.

Right? And we’re all just taking our place and they’re telling us what to do. And some really love trials. They love having trials, letting lawyers do their thing, watching it. They give lots of room here. Others do not. So they’re not, maybe they’re not going to pay attention at all. Maybe they’re going to be working on other things they have to do.

And that makes it difficult, right? If you’ve got a really contentious opposing counsel. to get things done because it’s [00:11:00] really going to slow things down if you’ve got a judge who’s just not into it and not paying attention. And so you want to go out and you want to ask other lawyers. What their experience has been, uh, and then you really just want to go watch, right?

Go see how they act and go see how they like to have things done. When there is a trial, there is a huge difference for most judges between how they are regularly in a motion docket and how they are in trial, right? Having that juror in the room significantly changes things. And again, you also think about, at least for us here in Texas, our judges are elected, right?

And so. That’s their, that’s their electorate right there picking them. So they, again, it really depends on, I’ve had judges who just, they love it. They ham it up. They tell jokes and that really, you know, not that it’s a problem, but it can kind of be a little bit of like, okay, let’s, you know, or they, Like to plant themselves in the trial, right?

They’re very active. Like they ask their [00:12:00] own questions or some don’t. And so you really want to know what is their persona so that you can be prepared for that. The last thing you want to do is be surprised by judge behavior because that can really throw you off. And you know, basically we’re in a fishbowl here and the jury is watching and I’ve definitely had stories where judges can break your trial.

Where they have made up their minds already that this is not going to be a place where there’s going to be a big verdict. This is not going to be a place where we’re going to use the reptile. And you just don’t want to catch them off guard either. And you want to be prepared for surprising them, right?

Because they’re, some of them will do their research of you too, and some of them won’t. You know, and that’s kind of the place where you really want to make sure if you need to adjust what you’re doing, meaning you need to file trial briefs months out, you need to have research on hand, branded out, ready to go, as soon as there’s an objection, [00:13:00] and be prepared to ask for that proffer in the face of defeat.

Right. And just knowing, okay, I’m not going to be caught off guard. I don’t want to caught, catch the judge off guard. So how do we do that? How do we, you know, graciously do that and play along their rules in their sandbox. So where does this episode come from? I’m working with a lawyer doing some virtual focus groups for several months now, getting up ready for a trial that’s coming up and They brought me the judge’s rules and procedure, and it was kind of a, you know, a big blow to the case because it was such a limitation, specifically, let’s talk about the schedule.

So, they have half days. And every other day, there’s no Friday. So when they were looking at, we’re looking at, okay, how do we create this, this order of proof when before the plan [00:14:00] was, let’s be fast. Let’s be efficient. Let’s, let’s get this done in two weeks. Now it’s looking like this is four or five. This could be a six week trial with very disjointed.

attention, right? If you were just doing half days and then coming back and maybe missing a Friday here and there. And so the other thing too is like, oh my gosh, the, the time expense of being out of the office, the extra expert fees, right? If they get caught on the stand and cross exam keeps going and they got to come back the next day and then the next day.

You know, it can really significantly add up with that time expense. The other limitations were on jury selection and trial briefing. And there was a little bit of sliver lining with it with the questionnaire, but it really kind of was a blow for how they had been thinking about and planning already, right?

We’d been doing focus groups, how they’re planning to do this, and then [00:15:00] looking at how do we adjust. What, how do we adjust and work with this particular rules, procedures, and then also the persona. Because the persona was, this is one of the toughest, right, folks, cause they just don’t really like trying cases.

So they make it very, very difficult. That’s why a lot of these rules are here. They don’t, they want to rule the roost. And so how do you do that and prepare yourself, but also prepare them so they don’t feel like, Oh. You’re just like everybody else, right? Not gonna follow the rules. And that was one of the things that is that right at the top of the judge’s rules, know the rules.

And so, okay, you know, how do we learn more about this? But really, you know, you just don’t want to be in that place where you’ve been working really hard, pairing your case, you’re taking all these depositions, and then you just get a, like, just a gut punch with the procedures and just, oh my gosh, like, how are we going to do this?

In an efficient way and keep attention [00:16:00] and memory right thinking through how do we make this memorable for the jurors who may be here for six weeks, but they’re only getting a half day of information, you know, just really. Okay. How do we do that? And how do we design direct? You know, how do we kind of plan for cross?

Like, how do we make our depo videos? Like, how do we plan for jury selection, voir dire? So, you know, we always want to be thinking about these things. But the simple truth is, if you don’t start your trial preparation, when you file, with the judge’s rules and procedures, you can be left creating a case that you never get to put on.

And that’s not what you want to do, right? We want to make sure we want to be time efficient. with ourselves and budget efficient with our cases. And so, you know, number one, we need to learn our jury selection, how our judges like to run voir dire. We need to learn about what is their daily schedule? What is their procedure for admitting evidence?

What do they want to see and [00:17:00] hear? Right? It’s a print and paper kind of person. And what is the judge’s trial persona? Do they let you do visual aids? Do they not? You know, are they, uh, love trials or do they not? How is it going to be in that room? Everyone in there and how that judge is going to perceive the things that are going on.

And as trial lawyers, we must always, we must be thinking about how we will try our cases. How will we talk to the jurors? How will we deliver the case? The evidence? So, we need to know the rules of the playground. We need to know those early. We avoid extra expenses. Build our case, our evidence, the way that fits in with the rules of the playground, the ability.

To practice all those things and design your jury selection and really feel confident and not surprised by your judge and their persona that you may encounter. All right. I [00:18:00] hope that this episode was helpful. If you are curious about doing focus groups with me or even a trial strategy call, you can book a free consultation with the link in the show notes.

And until next time, thank you so much.

Client depositions in 2024 are still virtual, but how are you preparing your client? Virtual? In person? Equip yourself with strategies that ensure your client is not just ready but confident and composed. Join me as I dive into the essential practice of virtual deposition preparation. You’ll learn why it’s crucial to simulate the actual virtual environment during practice, helping clients handle technical hiccups and communicate effectively when things go awry.

In this episode, I share actionable tips drawn from real-life experiences. From practicing with Zoom to managing on-screen documents, discover how segmenting preparation sessions can vastly improve client performance. Tune in to understand why treating these practice sessions with the utmost seriousness can set your clients up for success, making those virtual depositions less daunting and more manageable.

In this episode, you will hear:

• Importance of simulating the virtual environment during practice
• Handling technical issues and communicating effectively online
• Benefits of segmenting preparation sessions for better client retention

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Transcript

Hello, and welcome back to the podcast. I’m your host, Elizabeth Larrick, and I’m really glad that you’re here today.

This is going to be a short episode, but very vital to what you do every day because we are talking about client deposition preparation, nearly any litigation case. your client is going to have to be deposed. It’s just part of the process. It’s how the other side does their calculations. And mostly like we’ve talked about before in other episodes, your client has got a really big target on their back.

So they want to get their bite at your client in a deposition. However, here we sit and it’s 2024 and a majority of client depositions are still being taken virtual. In my experience, what I have been seeing it in helping lawyers with deposition prep. A good chunk is still being taken virtually. And so I wanted to put this episode out to kind of a little bit of refresh, but also tell you what the experience has been that I have seen that really helps specifically with preparation.

And it comes out of a conversation that I had with a lawyer recently who asked me what my opinion was about preparing clients in person or virtually. And what I told him was, Hey, listen, here’s how I think of it, which is practice. Like you play, if your deposition is going to be taken virtually, you need to be doing the preparation, all of it, or a good chunk of it.

Most of it needs to be done virtually with your client because we want to give them the best preparation possible. So even if. You are going to just spend maybe an hour on one day and an hour on another day with your client. Again, we’ve talked about the extreme benefits of separating your prep file on two different days.

That little trick alone will significantly increase client success of retention of the information you’re giving them. But Again, going back to different days when we’re just going to have two hours, one hour on each day, having that preparation virtually, even if you have access to your client, you live in the same town, they want to drive down.

Like you still want to put them in a different room, put them in front of a computer and practice being on front of the zoom, because there are so many frustrations that to us now, we’re four years in. Okay. To doing a lot of things virtually. We, it’s now normal to us, but most of our clients have gone back to doing most of their things and their jobs back in person.

So they have forgotten about the frustration that can come when you can’t hear or the vigilance you have to have, that if that last part of that sentence cuts out or that question, you have to stop and say, can you start over? I didn’t hear that. And that can cause a lot of frustration. For the client in the deposition in the virtual depositions.

And so you just, you really want to give them a good head start with practicing in preparation on zoom. The other thing I find really helpful is that when you practice looking at documents. Because again, there is a lot of extra burden on the person being deposed to say, I can’t see that. Can you make it bigger?

Or I can’t hear you. Or I need you to repeat that, which wouldn’t happen if you were in person. So if you’re practicing, you’re preparing your client in person for virtual, They’re going to miss out on that whole practice they would have with the virtual. So again, this is a short but crucial tip in preparing clients for depositions when it’s going to be virtual and practice like you play.

I used to play a lot of team sports, soccer, basketball. And if we’re out there lollygagging or doing whatever our coach would be like, if you, this is how you practice, then this is how you’re going to play a game time. So we have to practice hard. Like it is a game time. And that’s exactly what I always say here.

People ask me like, well, what’s your preference? And I always say, well, we have a moment in time to prepare people to do their best In the step position where they may only have one, two, three hours to give everything they’ve got to this other side for evaluation for, you know, all these things, how they are perceived, what they say, how they say it.

And so we have so much to pack in, in the form of information, in the form of. Here’s how things are going to happen. And so doing this simple step of doing it on virtual, really, we’re covering that step. Instead of me explaining to somebody in person, Oh, you’re going to have to do this. They have the actual practice of Oh, I can’t hear you.

Oh, say that again. Oh, I can’t see that document. Or, you know, can you highlight that for me? Like being very proactive in being able to hear and see what’s going on. And again, just working through some of that frustration, not to mention the small things that we talked about originally when virtual came out.

Depositions came about, which is, do they have the right setup? Meaning do we need to get them somewhere where they can have good internet and good lighting? Do we need to change their background or teach them how to put the blurry background on so that that’s not even a problem with the deposition. You know, that way, again, we’re starting out on the best foot possible and giving the best practice.

Now, if our deposition is in person, then yes, all or most of your preparation should be in person. Again, for that same reason, being face to face. having that different emotional connection that you, that somebody may have or that pressure, right. Of being, you know, deposed with a bunch of strangers in a room.

Again, this is always why when we are preparing for deposition in person, we don’t prepare somebody at their home at a place where they are very comfortable. Like we prepare in a stale conference room, because that is how that deposition will be a stale. emotionless room versus being at home, right?

There’s a lot of comfort. And that’s the same thing with virtual, right? That is a huge benefit of being in a comfortable place, being at home versus, being in this, you know, stale environment where, you know, any emotions being sucked out of the room by the opposing counsel. And you want to be able to, again, practice that with folks they’re getting ready for deposition.

So this is a short episode of, I felt it was really important because in my conversation with this lawyer, where we talked about that, like, do we do it virtual or do we do it in person? And Oh, this is how I’ve always done it is go in person. And then it was like, he said, wow, I never thought of it that way.

And you should be telling people this because they’re probably thinking the same way I am, which is, Oh, it’s a deposition. I’m going to go in person and prepare this person and, you know, have a better connection and, uh, you know. Well, sure, but we’re missing out on that practice. So this is me telling all of y’all, uh, one of the easiest, smallest things to do is switch that preparation from in person to Zoom when you have that virtual deposition notice.

Okay. And also think of this too, when it comes to experts, which I think we are already doing this. Um, yeah. But if you’re not, same rule applies for our experts, right? Give them that practice. If they’re not used to it, give, especially with the documents. And that’s a whole different ballgame. Most of our clients don’t have to tackle a ton of documents, right?

We may have medical records, maybe some emails, text messages, uh, maybe some contracts, things we have to look at not nearly as much as our experts may. So remember practice like you play. Right. And this applies, you know, when I talk about this too, when we talk about focus groups, right? Practice like you play because you want it to feel as realistic as game time as possible.

Right. So that’s what we’re doing here today. Okay. I hope that this episode was helpful. If it was, please pass it on to somebody else. Click that little share button, text it to somebody, send an email to somebody who you know is possibly needs to hear That they could lift a burden off themselves, but also do this virtual preparation before depositions with clients to give them that added bonus, that added benefit of practicing with that platform before they get there.

Okay. Thank you so much for listening. I hope that you enjoyed it. If you would please leave a review. I got to tell you, it’s been a little while, almost a year. So somebody just reach down there, pick those five, hit the rating, but also leave a little review and it helps other people find this podcast. All right.

Until next time. Thank you so much.

Trial lawyers: Did you know that seeking feedback from friends and family might be sabotaging your trial preparation? Join me as I break down why this common practice can be a trap rather than a helpful shortcut. In this episode of Trial Lawyer Prep, you’ll uncover three fundamental reasons why feedback from close individuals is inherently unreliable. From the biased nature of their opinions to the undue credibility they grant you, and how these skewed perspectives can infiltrate your subconscious decision-making—understand why these pitfalls can negatively impact your case.

I’ll also shed light on the significance of impartial jury research, and how recruiting unbiased participants can make all the difference. Discover why feedback from neutral strangers offers a more accurate simulation of a real jury’s perspective and why cutting corners due to time, money, or fear of negative feedback could jeopardize your case’s success. Don’t miss this vital discussion on enhancing your trial strategies with reliable, unbiased feedback!

In this episode, you will hear:

• The dangers of relying on feedback from friends and family for trial preparation.
• Three main reasons why friendly feedback is unreliable: inherent bias, undue credibility, and non-representative sample.
• The subconscious influence of biased feedback on decision-making in trials.
• Importance of impartial jury research and recruiting unbiased participants for focus groups.

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Ever wondered how focus groups could be the game-changer for navigating complex liability issues in civil litigation? Imagine unlocking jurors’ hidden perspectives and using these insights to your strategic advantage. This episode takes you through real-world applications, like contributory negligence in construction injuries or multiple defendants in medical malpractice cases. We dive into the nuances of a recent car crash case involving seatbelt usage to show you how a layered presentation strategy can yield invaluable insights.

We also discuss the crucial practice of conducting and recording debrief sessions right after focus groups. Learn why transcribing and creating memo reports can elevate your mediation preparation and case strategy. From clarifying responsibility to uncovering critical facts, we lay out how focus groups can help frame information for the best outcomes. Plus, we offer practical resources and invite you to join our email list for upcoming courses on running your own focus groups. Don’t miss out on these essential techniques that could transform your approach to complex liability cases.

In this episode, you will hear:

• Navigating a common challenge in civil litigation: problematic liability
• The value of a layered presentation strategy 
• The role of focus groups to uncover hidden factors in complex liability cases
• The importance of conducting and recording debrief sessions immediately

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

In the episode, I mentioned Episode 112 where we look at a specific case example for flipping contested liability and expanded blog.

Are you interested in taking my online course: Virtual Focus Group Foundations Workshop?

Please register for my email list and you will receive the announcement when the course is offered again.

Register here: https://larricklawfirm.com/connect/

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Join us as we speak with John Prudhomme from CPM Injury Lawyers about a gripping case involving a fuel tanker rear-ending a dump truck on I-35. Despite undeniable footage and an outright admission from the tanker driver, the defense stood firm with no settlement offers. Find out how a virtual focus group became a game-changer in predicting jury perceptions and why the trial venue added layers of complexity to an already dramatic case.

John also shares insights from a case involving a veteran client whose trial took an unexpected turn. We discuss how the jury’s interest veered from medical details to family dynamics, revealing the nuanced way personal stories can sway verdicts. With veterans on the jury panel and collateral source issues lurking in the background, emphasizing the family impact became crucial. Tune in to hear how highway speed regulations and surveillance footage reshaped the narrative and influenced the jury’s decisions.

We also get into the nitty-gritty of trial strategies and financial considerations. From life care plans to the client’s lifestyle choices, find out how these elements played a crucial role in the jury’s perception. John emphasizes the unpredictable nature of trials, the importance of expert testimonies, and the critical role of pre-trial preparations. This episode is a goldmine of insights for any trial lawyer seeking to refine their skills and connect more effectively with juries

In this episode, you will hear:

• Case study: fuel tanker rear-ending a dump truck on I-35.
• Utilizing virtual focus groups to understand jury perceptions and defense strategies
• Adjusting trial tactics based on real-time feedback
• Challenges of dealing with surveillance evidence and unexpected jury reactions
• The critical role of life care plans and financial implications in influencing jury decisions
• Importance of pre-trial preparations and adapting to unpredictable trial elements

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Would you like to talk to John Prudhomme about his experience? Questions about his trial?

You can reach out to John by email: jprudhomme@caglefirm.com 

Learn more about John’s practice here: https://www.caglefirm.com/ 

If you are interested in working with me on a focus group, please book a free call using this link: www.calendly.com/elizabethlarrick

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

What if rethinking your approach to trial preparation could transform your outcomes in court? Join us as we uncover the journey of Keif Storrar, a partner at Doubek, Pyfer & Storrar, who revolutionized his firm’s use of focus groups after attending Don Keenan’s Edge Colleges in 2018. Keif walks us through the shift from using focus groups sporadically for catastrophic injury cases to a more systematic and frequent application. Learn how his firm navigated the transition to virtual formats during the pandemic, the logistics of consistent implementation, and the intriguing possibility of creating a dedicated business entity for managing focus groups. 

Keif also shares invaluable strategies on leveraging focus groups for witness credibility, case development, and testing deposition clips. This episode dives into the evolving landscape of online survey focus groups, offering a wider audience perspective on damages, and the critical importance of honing case themes early. We tackle the nuts and bolts of running virtual focus groups, emphasizing effective recruitment and fraud prevention. If you’re looking to refine your approach or start fresh with focus groups, we provide practical tips and strategies to streamline the implementation process. 

In this episode, you will hear:

• The logistics and benefits of implementing focus groups regularly
• Evaluating witness credibility and shaping case development
• The advantages of using focus groups to test deposition clips
• Virtual focus group recruitment strategies
• The differences between virtual and in-person recruitment

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Would you like to talk to Keif about his focus group experience? Have a case in Montana?

You can contact Keif by email: keif@lawyerinmontana.com 

Website: https://lawyerinmontana.com/keif-storrar/ 

Are you interested in taking my online course: Virtual Focus Group Foundations Workshop?

Please register for my email list and you will receive the announcement when the course is offered again.

Register here: https://larricklawfirm.com/connect/

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Can you really trust your instincts when it comes to trial preparation? In this episode, we uncover the hidden pitfalls of overestimating evidence clarity and the transformative power of focus groups. Drawing from extensive experience with over a thousand focus groups, we reveal why lawyer assumptions often miss the mark and how understanding the jury’s perspective can be a game-changer in the courtroom.

Learn practical examples of cases where the evidence seemed crystal clear but proved to be surprisingly ambiguous. We’ll also discuss the importance of not relying solely on recent jury verdicts or seasoned instincts and explore how focus groups can offer invaluable insights into how jurors interpret evidence. Don’t miss this essential guide for trial lawyers aiming to refine their courtroom strategy and build stronger connections with juries.

In this episode, you will hear:

• Why you shouldn’t base your assumptions solely on experience or recent jury verdicts
• Video evidence revealing driver’s responsibility
• Challenges with video evidence in court
• Avoiding communication mistakes in legal strategy

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Want to learn more inside tips and tricks for jury research and focus groups?

Sign up for Elizabeth’s monthly email list by visiting: www.larricklawfirm.com/connect

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Can a one-hour virtual focus group transform your trial preparation? In this episode of Trial Lawyer Prep, we uncover the groundbreaking benefits of incorporating virtual focus groups into your litigation strategy. By pinpointing what juries truly want to know from the outset, you can streamline your discovery and deposition processes, ultimately saving time and resources. Whether you’re navigating personal injury, employment law, or criminal defense, learn how this innovative approach to case preparation can align your strategy with jury expectations, enhancing your courtroom success.

Join us as we break down the strategic advantages for different types of cases, from car crashes to medical malpractice. We also dive into the intricacies of using virtual focus groups to identify key testimony areas, sift through complex violations, and prioritize the most impactful issues. Plus, learn follow-up instructions to ensure you maximize the effectiveness of these sessions and be ready to revolutionize your litigation practice. 

In this episode, you will hear:

• The benefits of using virtual focus groups to refine case strategies
• Understanding key issues in car crash, trucking, and medical malpractice cases
• Efficient case preparation through third-party opinions

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Want to learn more inside tips and tricks for jury research and focus groups?

Sign up for Elizabeth’s monthly email list by visiting: www.larricklawfirm.com/connect 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Have you ever stepped into a focus group with the battle-ready mindset of a courtroom lawyer, only to realize it’s like bringing a sword to a tea party? Joins us to untangle the art of moderation, guiding attorneys through the key mindset shifts that can transform focus group feedback into pure gold for trial prep. 

Understand the nuanced dance between asking questions and listening intently – emphasizing the power of neutrality and curiosity to coax out the raw, genuine insights that are so crucial to understanding how a jury might think. From a checklist that strips away legal jargon and biases, to the delicate skill of presenting cases in everyday language, this episode is a masterclass in the subtleties of legal research. 

Whether you’re seasoned in the world of focus groups or stepping into this space for the first time, this conversation is a vital tool for any attorney looking to connect more deeply with clients and juries. Tune in and learn how to steer clear of confrontational instincts that can muddy the waters of valuable feedback, and how to lay the groundwork for focus groups that truly inform and enhance your trial strategies.

In this episode, you will hear:

• The need for lawyers to shift mindset to a neutral focus group moderator
• Techniques for bias-free legal focus group research
• Mock juries vs. focus groups in trial prep
• Using neutral language and open-ended questions for authentic feedback
• A detailed checklist for attorneys to organize and guide focus groups
• The value of focus groups in enhancing cases by understanding jury perspectives

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Want to learn more inside tips and tricks for jury research and focus groups?

Sign up for Elizabeth’s monthly email list by visiting: www.larricklawfirm.com/connect

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.