Trial Lawyer Prep

For an effective discovery, case framing should start as early as possible. But be ready to pivot! Don't let the other side get the jump on you in framing a case, and put you in catch-up mode from the start. You need to start framing a case at intake, especially for higher-value cases. But, as our guest points out today, you also need to be ready and willing to pivot, should new facts arise, or if a new framing will in fact strengthen your case. Tony Edwards is a personal injury lawyer in Oklahoma, and shares stories and wisdom from his decades of experience. We talk about a trucking case where digging into personnel records uncovered that the driver had previously been fired for on-the-job drug use, convincing Tony and his team to pivot to a stronger employer-focused theory, and a settlement at trial for the prior demand. Focus groups are a great help for this kind of shift, since you'll instantly receive feedback on what works and what doesn't, and particularly what may go against your own assumptions and expectations. You then just need to be willing to adjust! Early focus groups change how you build a case, and build a case frame. Book a free call with me and learn more about my online focus groups for plaintiff personal injury lawyers: https://www.calendly.com/elizabethlarrick In this episode, we cover: How discovery can significantly change the framing of a case. That strategic questioning in discovery is key to uncovering information. Pulling from real-world examples to illustrate the impact of effective case framing. How focus groups can reveal unexpected insights about case issues. That AI can assist but should not replace human review. Why attorneys should not hesitate to seek help from peers. Learn more about my guest Tony Edwards: www.edwardspattersonlaw.com [email protected] Tony Edwards was born and raised in McAlester, Oklahoma and has devoted himself to serving the legal needs of the people in his home area. He received his undergraduate degree in sociology and psychology from East Central University in Ada and then went to Oklahoma University College of Law, receiving his J.D. in 1982. In 2006, Tony decided to that he wanted to create a smaller firm that would give him an opportunity to provide more personal service. The Edwards firm was born that year, and he has continued to concentrate on plaintiff's civil litigation. His practice today encompasses cases involving motor vehicles, nursing homes, defective products, and oil-field injuries. He has been involved in numerous mass-tort cases involving defective products. Edwards and Patterson began in 2015 when he became partners with Matt Patterson. His efforts have resulted in numerous significant verdicts and settlements for his clients. 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. Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

There is a crucial difference between timelines and sequences, and if you want jurors to see your case as plainly as you see it, you need to pay close attention. Today we explore not just how timelines help jurors understand the case quickly, but why that is: the psychology and brain science behind retaining information. Timelines are a curated visual picture of the case, sequencing is about the order of presenting evidence. Similar, yet each with their own distinct psychologies. I know, not all lawyers use timelines, but they can be very effective, and focus groups help you recognize and fine tune what is most likely to register with juries. We want to make things as clear as possible for the jury, so don't lose your jury because you're jumping around the timeline. Logic, clarity and chronology that are structured and presented well can make all the difference. If you want to test your timeline and sequencing presentation on a focus group, book a free call with me and let's get set up: https://www.calendly.com/elizabethlarrick In this episode, we cover: How cognitive science shows that the first information is often assumed to be the first event. Why sequencing is essential for guiding jurors to a conclusion. How focus groups can help identify key events for timelines. Why overloading jurors with information can lead to confusion and undermine your case. Both timelines and sequencing are necessary for effective persuasion. Further links and references from this episode: Episode 158: Trial Strategy v. Trial Tactics New Blog post: Which Virtual Focus Group does Your Case Need? You can also watch today's episode on my YouTube Channel: Trial Strategy in Action: Timelines, Sequencing, and What Wins [Ep 167] 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. Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

Five days before trial, a team chose to play defense witness deposition clips, instead of calling the witnesses live. Instinct tells us, training tells us: do it live. Live is better. Live is more persuasive. Live is much more catchy for cross exam. Video puts people to sleep. However, what I walk you through today really boils this down to a primacy question, or in other words, first impressions. In the case above, focus group data showed that clips were having far more impact in setting the stage, and locking in that first impression. So the team pivoted, and the trial took on an entirely new phase. Playing short clips produced visible juror annoyance, and later live testimony only confirmed the negative impression, contributing to a verdict of over $7 million. The choice between clips and live testimony should be data-driven. It could mean using either clips or live witnesses, but the principle is this: don't just assume that live is better. If you've got a trial coming up and a decision you're wrestling with, and you want to test it out to find the first impression, book a free call with me: https://www.calendly.com/elizabethlarrick In this episode, we cover: How primacy affects jurors' first impressions significantly. Why live witnesses are traditionally seen as more persuasive. Understanding juror perception is key to trial success, and focus groups help guide that understanding. Testing witness credibility through focus groups is essential. Why the first impression of a witness is hard to change once set. You can also watch today's episode on my YouTube Channel: Depo Clips or Live Witness: The Call That Won the Case [Ep 166] 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. Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

AI has hit the mainstream, and not just in everyday life, but in trial law and legal prep. The days of startups and experimental software have quickly evolved to comprehensive, through and reliable AI-based programs, used by countless law firms and lawyers every day. As a result, it feels like we are racing to keep up. To jump on the bandwagon before it's too late, yet making sure you're using AI in accurate, and ethical, ways. Matthew Fornero is a South Florida business litigator, with over 20 years of courtroom experience and a long track record of representing small businesses, entrepreneurs and startups in commercial litigation, contract disputes and arbitration. But what brings him to Trial Lawyer Prep today is his insight on using AI in trial prep and the courtroom. Matthew has dedicated his time to learning different AI programs, applying them to different types of cases, and analysing the results. He is thus well-placed to detail with us specific platforms and strategies for using AI, that enhance trial outcomes. AI serves as a collaborative tool, not a replacement for human judgment. But knowing how to integrate it into your practice can pay huge dividends in time, accuracy, the effectiveness of response and rebuttal, and ultimately: better results for you and your clients. In this episode, we cover: The various aspects of AI application, including document review, jury instructions, and cross-examination AI helps lawyers distil complex cases into understandable narratives Using AI responsibly requires fact-checking and ethical considerations How to make sure you are choosing software that is conceptually proven, not just theoretical (looks good on paper) How AI can democratize access to legal resources for smaller firms. Learn more about my guest Matthew Fornaro: https://fornarolegal.com/ [email protected] 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. Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

Running a good focus group is really a lot like conducting a good trial: Fundamentally, it's about understanding people. And you don't need a psychology degree to do so. If you have an innate understanding for human behavior, relationships, biases and different means of communication, then you already have the instinct to make the most of your focus groups. Today's episode breaks down three key steps to be organized and prepared for your next group. Armed with these tools, you can then hit the ground running and really connect with juries and clients. We cover: Setting clear goals for focus group sessions Developing a structured plan to ensure effective listening Overcoming personal biases in focus group settings Avoiding common pitfalls like overloading information and lack of organization Conducting test runs to improve the quality of focus group feedback Don't assume that you're a natural presenter; preparation is key Make sure you're listening more than speaking Seeking help if you're too biased to run a focus group Set up a free consultation today: https://www.calendly.com/elizabethlarrick You can also watch today's episode on my YouTube Channel: 3 Steps to Get Reliable Juror Feedback [Ep 164] Additional resources: How to Do Your Own Virtual Focus Groups Part 2: Planning and Moderating 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. Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect