Author: elarrickbrand

Are you using objections as a band-aid for a lack of preparation? 

You may be sitting in a deposition where you’re taking the deposition of the defendant. Then as you’re asking tough questions or questions that get to the heart of the case, the defense lawyer would suddenly pop up and say, “Objection Form.” Defense lawyers use this as a tactic to send a message to the witness. The defendant would then respond by saying they don’t recall. 

This is a cycle that we see pretty often in depositions and it can get frustrating as a lawyer. But what happens when you’re using the objection form as a band-aid for preparation? 

In today’s episode, we are going to look at this very mechanical piece of depositions: objections. Specifically, we’re going to be looking at the objection form used during a client deposition. In Texas practice, for example, this is the only permissible objection under our civil procedural rules, and this is the same way in most jurisdictions. 

And so, you want to make sure that the client gets the questions that they can answer, or at least neutralize them. But you don’t have to jump in and hit the Objection Form button. That’s why it’s very important to have a checklist of things so you come to depositions confident and prepared.

In this episode, you will hear:

• What happens if you don’t have enough depositions
• When you’re raising the red flag, everybody sees it
• The importance of creating a checklist for deposition
• How to create a checklist to prepare for deposition

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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:

If you have questions or a suggestion for an episode, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

People say that a picture says a thousand words, and this holds true when you have illustrations during the trial. That’s the power of visuals – they tell a story, simplify complex concepts, and educate the audience in the easiest and best way possible.

In today’s episode, Annie Gough, an independent Certified Medical Illustrator, talks about how medical illustrators work and what it means to you in your practice. With over 20 years of experience in traumatic injury, medical malpractice, wrongful death, and product defect cases, Annie provides anatomical and surgical illustrations along with visual exhibit consultation on demand letters, expert depositions, mediation, and courtroom presentations. 

As trial lawyers, we want to be able to let the jury go into the story of the client. They may not have personally experienced going to the emergency room or having neck surgery. But being able to educate them with visual aids will help bring them into the experience your clients have had. Even just a single illustration can set the stage and turn it into a story or a movie so the jury can truly visualize it.​​

In this episode, you will hear:

• Annie’s path to medical illustration
• The most difficult things to educate people on
• The best way to show an injury
• The importance of animation in medical malpractice cases
• What it’s like to work with a lawyer
• How lawyers can benefit from reading her book

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

You can buy Annie’s book here.

Visit her website: www.agillustrations.com 

Want to work with Annie? Send her an email at: anniegcmi@gmail.com

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their businesses and impact the world.

Find out more at https://emeraldcitypro.com

If you haven’t ever tried running an adversarial focus group, or any focus group for that matter, then you better start considering doing it to get the most out of deposition or trial.

We’ve pretty much covered a lot of topics on focus groups in our previous episodes. Today, we specifically delve into Adversarial Focus Groups. They are similar to mock trials. The difference is that an adversarial focus group requires continual constant voting. That way, you have the ability to watch the needle move in between different pieces of evidence and in different witnesses.  

An adversarial focus group is probably the most in-depth thing that you could possibly do to get feedback. You’re giving the participants the best of everything – from the plaintiff and defense, to everything you need to fine tune your case.

Joining us today is Courtney Wilson who runs a practice on the Gulf Coast in Mississippi, doing plaintiff’s personal injury lawsuits exclusively. In the last couple of years, their practice has narrowed down to doing mostly medical malpractice and products liability. Courtney works extremely hard with motions and briefing. She first came across focus groups back in 2016, and seeing the benefits of running them, she has been doing it since. 

In this episode, you will hear:

• Adversarial focus groups vs. mock trials
• What you get out of an adversarial focus group
• How to mesh all the information together
• An example of running a focus group and taking the case through trial

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

Courtney Wilson

Courtney@tyneslawfirm.com 

Tynes Law Firm

Pascagoula, Mississippi

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Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

The client deposition has a significant amount of weight when it comes to deciding case value. However, one of the most common problems trials lawyers have is dealing with clients who resist preparing for deposition. 

These are clients who actively avoid giving time for preparation. Whether it’s because of their work schedule, family commitments, or they’re just too busy to dedicate more than 30 minutes with you. They just don’t seem to have any time other than the day of the deposition. 

There are also clients who subconsciously resist. They either show up with the kids for deposition prep, or they tell you they’ve had an emergency so they have to leave early. These are little subconscious things telling you that they’re not going to give you their full attention. But why? 

In this episode, we delve into why clients resist deposition preparation and how to tackle this resistance. This is a big deal because failing to prepare for deposition can potentially hurt or damage the case. Therefore, this is the way to the end. This is the necessary step we have to take right now because if we don’t take that step, the case value significantly plummets. 

In this episode, you will hear:

• Why clients resist and why this is damaging to the case
• Asking for time commitment
• Some examples of disasters that happened due to client’s resistance
• Resolving resistance in a call
• Educating clients why they have to put effort in a case

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

Do you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

There are a lot of emotional landmines when it comes to premises liability cases. For instance, summary judgment is an issue in just about every premises liability case. A lot of lawyers have this mental shortcut that if they beat the summary judgment, then the case is going to settle. 

But in premises liability cases, damages are not enough. You’re going to need to navigate through that, especially because insurance companies will always try to look for opportunities where they can take advantage of them. 

Now, we can’t stress enough that the preparation of the clients for deposition is key in these cases. The client has to be prepared to tell his or her story clearly so there’s no ambiguity, no landmines, and no rabbit holes. There are no missing pieces to it. 

In this episode, Michael Neff joins us to talk about premises liability cases, which he has been doing for 15 years out of 30 years that he has been in practice. Michael emphasizes the lawyer’s responsibility to eliminate the legal risks where they can, and that means anticipating where problems may arise. Remember, the trial is not about the trial lawyer, but about what the jury wants to do for these parties.

In this episode, you will hear:

• The importance of client preparation in premises cases
• Factors that can derail premises liability cases
• Minimizing additional harm to your client
• Why damages are not enough in premises cases
• The importance of working with a consultant
• Being efficient in how you present your case

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

https://www.premisesliability.org/

Email Beth@premisesliability.org  for a 1-year free membership to the National Association of Premises Liability Attorneys. 

Premises Liability: https://www.trialguides.com/products/premises-liability 

Advanced Premises Liability:  https://www.trialguides.com/products/advanced-premises-liability

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

Losing points with the jury is the last thing you want in your trial. At the end of the day, the jury will scrutinize your client more than anybody else in the room. So you want to bulletproof your client before they even get up on the stand. 

Compassion fatigue is not unusual in a world where we are constantly bombarded by horrific news. You should not repeat the same testimony over and over again. You risk wasting their time and losing their patience. 

Therefore, make sure you’re keeping things as organized as possible. Organize your topics, have bulletproof questions and be able to shift and pivot after the defense opening or other witness testimony. 

In this episode, learn how to organize the direct exam of the client. One of the first steps is to create a topic list. Your questions are more likely going to be based on this. It will navigate you through the process of preparing your client for when you put them on the stand. Also, this is a process that you can start very early and take care of the other more important things you need to do for the trial.

In this episode, you will hear:

• Why you need to come up with a topic list
• The point of view of the jury
• Topics of liability and damages
• Other witnesses and order of proof
• Considering the possibility of compassion fatigue
• Time management strategies
• Preparing your exhibits

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

Did I miss something for client direct exam? Do you have further questions? Send me an email: elizabeth@larricklawfirm.com. 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

Sometimes, we live with our cases for years, before we can find any kind of resolution either through settlement or trial. Now, this creates a tunnel vision where we can put these blinders on. There are blind spots everywhere that we just can’t see. And it gets worse when we block out any other theory or possibility. When we do this, we take on a whole new risk because we are holding the case back. 

A focus group is a laboratory. It’s to gather research. Sometimes, you’re going to hear good things, but you’re also digging in to hear the bad things about your case. Focus groups are going to give you fresh eyes in terms of approaching your case and getting you to a whole new emotional movement in your case. 

In this episode, I’m going to talk about some reasons lawyers would hold back a case and why you should start considering focus groups to help get you to the next level in solving problems. Ultimately, you have two options here – either stay in the blind spot or be open to learning and eliminate a huge risk of getting a zero on the case.

In this episode, you will hear:

• How people make decisions based on emotions
• What shapes the filter system of jurors
• Finding the problems you can see and you can’t see
• Creating multiple ways to solve the problem

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

Have questions? Send me an email: elizabeth@larricklawfirm.com 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

As trial lawyers, we live in our trial lawyer space for several hours each day. It even follows us sometimes at night and wakes us up because our brains have been rewired in law school and even further into practice. Along the way, we’ve picked up legalese and legal jargon that we use when we get together with other lawyers or we talk to the court. That’s all fine when we’re in the lawyer world. 

But once we move into dealing with our clients, especially in litigation cases where we prepare them for deposition, mediation, or trial, we need to make sure we’re not using legalese. Otherwise, it leaves our clients confused and it eventually leads to mistakes in their depositions, or even at mediations when they’re asked to talk – when all that could have been prevented. Therefore, communication is key with our clients. 

In this episode, I’m going to share some common phrases that don’t really work well with our clients, as well as some alternative ways to better explain things to them. That way, they understand what we’re saying and they can move forward and follow advice. It does help to put in enough time and effort teaching people about depositions and organizing their stories in the most effective way possible.

In this episode, you will hear:

• Common phrases lawyers use that confuse clients
• Visualizing things for people
• Alternative statements you can use with your clients
• The fine line between explaining vs. oversharing

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

If you have a question or comment please let me know: elizabeth@larricklawfirm.com. 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

Find out more at https://emeraldcitypro.com

Once you’ve worked through mindset and organized things, the last piece of the puzzle in preparing for client deposition and trial preparation is role-playing.

As trial lawyers, we can do a better job at getting better results for the client. Most people haven’t experienced being in a deposition or trial before. And so, role-playing will give them a realistic experience before they step into the room or turn on that zoom to be asked questions under the spotlight. It helps remove first-time nerves, testing what is going to happen and what the reaction is going to be. 

Role-playing is definitely an important aspect that may dictate the trajectory of your case. In this episode, I’m laying out the keys to effective role-playing so that both you and the client can get the most out of it. Learn how to compact roleplay into a digestible, easy exercise for everyone involved as well as some tips or tricks to supercharge it.

In this episode, you will hear:

• Another person to play as the opposing counsel
• Using roleplay to tackle the difficult and challenging questions
• Sticking with the exercise
• Roleplaying with different lawyers on different days
• Doing multiple rounds and checking in with the client in-between the rounds
• Ways to supercharge the roleplay

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

Need help crafting role play questions? Have a question about client testimony prep? Feel free to email me: elizabeth@larricklawfirm.com 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

We’re joined by Ryan Squires, a partner at Scott, Douglass & McConnico. He is an experienced trial lawyer with many trials under his belt. In this episode, he talks about one specific trial he did in Austin in July 2021. 

It was a record-setting verdict in that the jury awarded them worth $40 million in damages and money, something they haven’t seen in the last 20 years in terms of a private plaintiff in Austin. It also answered certain questions in a manner that allowed the judge to also give them a constructive trust that included real estate and Bitcoin. 

To give you a brief overview, this was a father versus son case concerning cryptocurrency and some real estate controlled by the son, but those have been traced back to the seed money provided by the father. 

Today, Ryan shares what went behind the scenes in preparing for this trial from how they’ve set up the focus groups to gathering evidence and witness preparation.

In this episode, you will hear:

• How they’ve set up focus groups for trial preparation
• Using deposition testimony in court as evidence
• The cross-examination preparation
• COVID protocols observed in the courtroom
• The importance of having time limitations for the witnesses
• The benefits of focus groups in this case
• The challenges in gathering evidence

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

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:

To learn more about Ryan Squires and his practice please visit: https://www.scottdoug.com/attorneys/ryan-squires/ 

If you’d like to learn more about the jury verdict we discussed in this episode, you can go here: https://www.scottdoug.com/sdm-obtains-record-setting-verdict-in-bitcoin-case/

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 we sent you.