In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Sean Claggett of Claggett &amp; Sykes for a conversation that starts with focus groups and quickly expands into something much bigger. Sean shares how collecting and analyzing juror feedback has shaped the way he prepares cases, develops themes, and approaches trial strategy. But the discussion goes beyond focus groups. It explores how trial lawyers can build systems, teams, and processes that turn information into better decisions and better outcomes for clients. From early case evaluation to trial preparation, Sean explains how he uses data to identify risks, test ideas, and refine the story before ever stepping into the courtroom. He also discusses the people, structure, and discipline required to make that approach work at a high level. This episode is a practical look at building a trial practice that learns, adapts, and improves with every case. In this episode, they discuss: • Using focus groups to identify case weaknesses early • Turning juror feedback into actionable trial strategy • Building systems that help trial lawyers make better decisions • Structuring teams to maximize the value of focus group data • Creating a repeatable process for trial preparation and case development

<description>&lt;p&gt;In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Sean Claggett of Claggett &amp;amp; Sykes for a conversation that starts with focus groups and quickly expands into something much bigger.&lt;br/&gt;&lt;br/&gt;Sean shares how collecting and analyzing juror feedback has shaped the way he prepares cases, develops themes, and approaches trial strategy. But the discussion goes beyond focus groups. It explores how trial lawyers can build systems, teams, and processes that turn information into better decisions and better outcomes for clients.&lt;br/&gt;&lt;br/&gt;From early case evaluation to trial preparation, Sean explains how he uses data to identify risks, test ideas, and refine the story before ever stepping into the courtroom. He also discusses the people, structure, and discipline required to make that approach work at a high level.&lt;br/&gt;&lt;br/&gt;This episode is a practical look at building a trial practice that learns, adapts, and improves with every case.&lt;br/&gt;&lt;br/&gt;In this episode, they discuss:&lt;br/&gt;&lt;br/&gt;• Using focus groups to identify case weaknesses early&lt;br/&gt;• Turning juror feedback into actionable trial strategy&lt;br/&gt;• Building systems that help trial lawyers make better decisions&lt;br/&gt;• Structuring teams to maximize the value of focus group data&lt;br/&gt;• Creating a repeatable process for trial preparation and case development&lt;/p&gt;&lt;p&gt;&lt;br/&gt;&lt;/p&gt;</description>

In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Sean Claggett of Claggett &amp; Sykes for a conversation that starts with focus groups and quickly expands into something much bigger.  Sean shares how collecting and analyzing juror feedback has shaped the way he prepares cases, develops themes, and approaches trial strategy. But the discussion goes beyond focus groups. It explores how trial lawyers can build systems, teams, and processes that turn informa...

Building a Trial System That Wins | Attorney Sean Claggett | S6 Ep. 9

In this episode of Best Practices with Kenny Berger, Kenny sits down with Matt Nakajima of Rittgers Rittgers &amp; Nakajima for a conversation about using settlement negotiations to create change beyond a single case.Drawing from his experience handling serious injury cases, Matt shares how settlements can become an opportunity to improve safety practices, influence company policies, and help prevent similar harm from happening again. The conversation explores the balance between obtaining meaningful results for a client while also thinking about the broader impact a case can have on a community.This episode is a practical look at how plaintiff lawyers can approach settlement strategy with both accountability and long-term safety in mind.In this episode, you&apos;ll hear:• How to negotiate non-monetary settlement terms tied to safety changes • Ways plaintiff lawyers can use leverage to influence corporate behavior • Structuring settlements to create accountability beyond compensation • Practical examples of safety-focused terms included in real cases • Why certain cases present opportunities to create long-term community impact

<description>&lt;p&gt;In this episode of Best Practices with Kenny Berger, Kenny sits down with Matt Nakajima of Rittgers Rittgers &amp;amp; Nakajima for a conversation about using settlement negotiations to create change beyond a single case.&lt;/p&gt;&lt;p&gt;Drawing from his experience handling serious injury cases, Matt shares how settlements can become an opportunity to improve safety practices, influence company policies, and help prevent similar harm from happening again. The conversation explores the balance between obtaining meaningful results for a client while also thinking about the broader impact a case can have on a community.&lt;/p&gt;&lt;p&gt;This episode is a practical look at how plaintiff lawyers can approach settlement strategy with both accountability and long-term safety in mind.&lt;/p&gt;&lt;p&gt;In this episode, you&amp;apos;ll hear:&lt;/p&gt;&lt;p&gt;• How to negotiate non-monetary settlement terms tied to safety changes&lt;br/&gt;• Ways plaintiff lawyers can use leverage to influence corporate behavior&lt;br/&gt;• Structuring settlements to create accountability beyond compensation&lt;br/&gt;• Practical examples of safety-focused terms included in real cases&lt;br/&gt;• Why certain cases present opportunities to create long-term community impact&lt;/p&gt;</description>

In this episode of Best Practices with Kenny Berger, Kenny sits down with Matt Nakajima of Rittgers Rittgers &amp; Nakajima for a conversation about using settlement negotiations to create change beyond a single case. Drawing from his experience handling serious injury cases, Matt shares how settlements can become an opportunity to improve safety practices, influence company policies, and help prevent similar harm from happening again. The conversation explores the balance between obtaining m...

Negotiating Safety Into Settlement | Attorney Matt Nakajima | S6 Ep. 8

In this episode of Best Practices with Kenny Berger, Kenny sits down with Maine trial lawyer Meryl Poulin of Gideon Asen to break down a medical malpractice case that resulted in a $25 million verdict.Meryl shares her journey into medical malpractice law and the responsibility that comes with handling these cases. She recounts the story of Jazzy, a 15-year-old girl whose life was cut short after a missed diagnosis, and how that loss shaped the way the case was presented at trial.What could have been a highly technical case was approached with clarity and discipline. Meryl explains how she kept the focus on what mattered, helping the jury understand the failures in care without getting lost in medical complexity. She also discusses the role of expert testimony, the importance of preparation, and how to present a case involving a child in a way that builds connection while maintaining credibility.This episode offers a practical look at how thoughtful strategy and clear storytelling can shape the way a jury understands a case.In this episode, they discuss:• Simplifying a complex medical malpractice case for a jury • Presenting the story of a child without overcomplicating or overstating the case • The role of expert witnesses in establishing standard of care • Trial preparation in high-stakes medical malpractice cases • Keeping the jury focused on what matters most

<description>&lt;p&gt;In this episode of &lt;em&gt;Best Practices with Kenny Berger&lt;/em&gt;, Kenny sits down with Maine trial lawyer Meryl Poulin of Gideon Asen to break down a medical malpractice case that resulted in a $25 million verdict.&lt;/p&gt;&lt;p&gt;Meryl shares her journey into medical malpractice law and the responsibility that comes with handling these cases. She recounts the story of Jazzy, a 15-year-old girl whose life was cut short after a missed diagnosis, and how that loss shaped the way the case was presented at trial.&lt;/p&gt;&lt;p&gt;What could have been a highly technical case was approached with clarity and discipline. Meryl explains how she kept the focus on what mattered, helping the jury understand the failures in care without getting lost in medical complexity. She also discusses the role of expert testimony, the importance of preparation, and how to present a case involving a child in a way that builds connection while maintaining credibility.&lt;/p&gt;&lt;p&gt;This episode offers a practical look at how thoughtful strategy and clear storytelling can shape the way a jury understands a case.&lt;/p&gt;&lt;p&gt;In this episode, they discuss:&lt;/p&gt;&lt;p&gt;• Simplifying a complex medical malpractice case for a jury&lt;br/&gt;• Presenting the story of a child without overcomplicating or overstating the case&lt;br/&gt;• The role of expert witnesses in establishing standard of care&lt;br/&gt;• Trial preparation in high-stakes medical malpractice cases&lt;br/&gt;• Keeping the jury focused on what matters most&lt;/p&gt;</description>

In this episode of Best Practices with Kenny Berger, Kenny sits down with Maine trial lawyer Meryl Poulin of Gideon Asen to break down a medical malpractice case that resulted in a $25 million verdict. Meryl shares her journey into medical malpractice law and the responsibility that comes with handling these cases. She recounts the story of Jazzy, a 15-year-old girl whose life was cut short after a missed diagnosis, and how that loss shaped the way the case was presented at trial. What could ...

Simplifying a $25M Medical Malpractice Verdict | Attorney Meryl Poulin | S6 Ep. 7

Large verdicts rarely come from the injury alone.In this episode of Best Practices with Kenny Berger, Kenny sits down with Indiana trial lawyer Brandon Yosha to break down a case that resulted in a $10 million verdict after a $5,000 offer at mediation.At first glance, this was not a high-value case:<ul><li>Limited medical bills</li><li>Liability eventually admitted</li><li>Defense focused on minimizing the injury</li></ul>But the result tells a different story.This is a conversation about what actually moved the jury and what did not. About where the value in a case really comes from. And about the work it takes to build a case that a jury can fully understand.

<description>&lt;p&gt;Large verdicts rarely come from the injury alone.&lt;/p&gt;&lt;p&gt;In this episode of &lt;em&gt;Best Practices with Kenny Berger&lt;/em&gt;, Kenny sits down with Indiana trial lawyer Brandon Yosha to break down a case that resulted in a $10 million verdict after a $5,000 offer at mediation.&lt;/p&gt;&lt;p&gt;At first glance, this was not a high-value case:&lt;/p&gt;&lt;ul&gt;&lt;li&gt;Limited medical bills&lt;/li&gt;&lt;li&gt;Liability eventually admitted&lt;/li&gt;&lt;li&gt;Defense focused on minimizing the injury&lt;/li&gt;&lt;/ul&gt;&lt;p&gt;But the result tells a different story.&lt;/p&gt;&lt;p&gt;This is a conversation about what actually moved the jury and what did not. About where the value in a case really comes from. And about the work it takes to build a case that a jury can fully understand.&lt;/p&gt;</description>

Large verdicts rarely come from the injury alone. In this episode of Best Practices with Kenny Berger, Kenny sits down with Indiana trial lawyer Brandon Yosha to break down a case that resulted in a $10 million verdict after a $5,000 offer at mediation. At first glance, this was not a high-value case: Limited medical billsLiability eventually admittedDefense focused on minimizing the injuryBut the result tells a different story. This is a conversation about what actually moved the jury and wh...

From $5,000 Offer to $10 Million Verdict: Proving Human Loss at Trial | Attorney Brandon Yosha | S6 Ep. 6

In this episode of Best Practices, Kenny Berger is joined by Wisconsin trial lawyer Michael Karp to discuss how focus groups are shaping the way he builds and tries cases. Michael shares how he went shifted his practice to a focused trial model built around understanding juror perspective. He breaks down how running focus groups early and often helps identify risk, refine case framing, and ultimately control the arguments that matter most at trial. The conversation also explores trial presentation, the importance of community, and how to build a sustainable practice without losing sight of what matters outside the courtroom. This episode offers a practical look at how to think like a juror and why that shift can change everything. In this episode, they discuss: • Running focus groups early to evaluate and shape cases • Identifying how you lose before deciding how to win • Using juror feedback to refine case framing and strategy • Structuring a practice around trial work instead of volume • Turning trial presentation into a conversation, not a performance • Building a sustainable practice while staying connected to family and purpose

<description>&lt;p&gt;In this episode of Best Practices, Kenny Berger is joined by Wisconsin trial lawyer Michael Karp to discuss how focus groups are shaping the way he builds and tries cases.&lt;br/&gt;&lt;br/&gt;Michael shares how he went shifted his practice to a focused trial model built around understanding juror perspective. He breaks down how running focus groups early and often helps identify risk, refine case framing, and ultimately control the arguments that matter most at trial. The conversation also explores trial presentation, the importance of community, and how to build a sustainable practice without losing sight of what matters outside the courtroom.&lt;br/&gt;&lt;br/&gt;This episode offers a practical look at how to think like a juror and why that shift can change everything.&lt;br/&gt;&lt;br/&gt;In this episode, they discuss:&lt;br/&gt;&lt;br/&gt;• Running focus groups early to evaluate and shape cases&lt;br/&gt;• Identifying how you lose before deciding how to win&lt;br/&gt;• Using juror feedback to refine case framing and strategy&lt;br/&gt;• Structuring a practice around trial work instead of volume&lt;br/&gt;• Turning trial presentation into a conversation, not a performance&lt;br/&gt;• Building a sustainable practice while staying connected to family and purpose&lt;/p&gt;&lt;p&gt;&lt;br/&gt;&lt;/p&gt;</description>

In this episode of Best Practices, Kenny Berger is joined by Wisconsin trial lawyer Michael Karp to discuss how focus groups are shaping the way he builds and tries cases.  Michael shares how he went shifted his practice to a focused trial model built around understanding juror perspective. He breaks down how running focus groups early and often helps identify risk, refine case framing, and ultimately control the arguments that matter most at trial. The conversation also explores trial presen...

Using Focus Groups to Shape Trial Strategy | Attorney Michael Karp | S6 Ep. 5

Best Practices is a legal podcast where South Carolina attorney, Kenneth Berger, interviews trial lawyers from around the country with regard to aspects of their practice that have helped them reach the top of the field. Tune in every other week for interviews covering everything from case selection to closing argument.

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