In this monumental episode join Brian, Dr.Chris, and the real-life Moneyball stars as they discuss how the advanced strategy used in professional sports can also be applied in the courtroom. Learn how to optimize your case for maximum value by using analytics to identify the strongest arguments, evidence, and even team members.   So if you’re looking to take your courtroom strategy to the next level, don’t miss this episode! Tune in now to get an inside look at how the "teams" use data-driven litigation strategies. Hear stories of success and failures, tips and tricks to help you succeed, and gain insight into how analytics are critical tools for today's practitioners. 

Brian Beckcom is a trial lawyer with years of experience under his belt. Specializing in Maritime law,  he made headlines for representing the interests of Richard Phillips in  Abdiwali Abdiqadir Muse  - the trial made famous by Tom Hanks' portrayal of 'Captain Phillips'. As a result, companies began to employ independent security contractors to protect their vessels and crews and saw their safety & profit margins improve. In our exclusive interview, trial lawyer Brian Beckcom will share his insights into Maritime law and discuss the implications of applying data science to trial preparation.

When it comes to trials, the stories you tell can make or break your case. Whether it's the story of a BP/Deepwater Horizon explosion, a George Floyd Civil Rights Case, or even two back-to-back Bakersfield record verdicts, we've seen the power of storytelling in courtrooms time and time again.

It's not just about what you say—it's about how you say it. When you're crafting your argument during trial, you need to think about more than just facts: You need to consider how those facts will affect jurors' opinions and judgments of your client. In order to do this effectively, you need to be able to craft compelling narratives that connect with people on an emotional level—and that's where our team comes in to measure that impact before your actual delivery!

Panel:Jeffery Breit @  Breit Biniazan Daniel Rodriguez @ Rodriguez & AssociatesAntonio Romanucci @ Romanucci & Blandin

Bonus Track - [Office Hours] Russell Nicolet and I take a look at what makes a good case summary and how this fits into an overall strategy for a mock jury or big data research focus groups.

 About the speakers here:

Russell Nicolet is the founder and managing partner at his family's law practice with over a dozen offices throughout MN & WI dedicated to helping his clients and other plaintiff lawyers through innovative industry collaborations.

Dr. Christopher Brydges is an accomplished Behavioral Scientist at Jury Analyst with experience in market research, data analytics, and survey design.

Christopher holds a Ph.D. in psychology from the University of Western Australia and is an internationally recognized expert in the field of behavioral statistics and research design.

With over ten years of experience in academia and working as a statistician internationally, he has published 39 peer-reviewed papers to date.

Kenneth Foard McCallion a Former DOJ/NY State Prosecutor and still top civil litigation attorney discusses his newest book with another world-class attorney John Uustal, our show host. Listen to some of the behind-the-scenes landmark legal cases of our time.  John and Ken compare their sovereign immunity breakdowns. 

We caught up with our “superhero” as his colleagues refer to him in a rural venue, where any high verdicts chances are slim but we all did the proper math on a premises liability case and Jason didn't back down! (prediction was ~8% diff)

A self-reported old dog with “new tricks” finds some buried treasure. Jason is Morgan & Morgan’s go-to last-minute specialist talks tech and his role in the giant.

What does improv have to do with trial advocacy? Everything. In fact, you could argue that the two are one in the same. They both rely on stories and how you tell those stories.Brian Breiter & Joseph Limbaugh sit down with this week's host Moze Cowper 

Punitive damages are awarded to a plaintiff in addition to compensatory damages. 

Punitive damages are awarded when the defendant's conduct is especially egregious. In addition to compensatory damages, punitive damages are intended to punish the defendant for his or her actions and discourage similar conduct in the future. Punitive damages may be available when the defendant is particularly malicious or when the defendant’s actions are intentional.

Punitive damages are awarded at the discretion of the jury and are based on their opinion of what amount is necessary to deter similar conduct in the future. In some states, punitive damages are limited by statute or case law.

The amount awarded by the jury is usually based on several factors:

the maliciousness or willfulness of the defendant's acts

the degree of aggravation or harm caused by those acts

the financial resources of the defendant

In most cases, punitive damages are only available in civil cases where compensatory damages are available.

The Anti-Asian sentiment has been steadily increasing for a few years now, and with it so have hate crimes against Asians.The alarming trend has reached an unprecedented level this year as there have been more than 20 reported anti-Asian incidents this year alone.Join us for this podcast and learn how implicit and explicit bias affects jury selection with the SJQ process. 

Two Brian's better than one!  Brian Dunn (Civil Rights Atty & OJ Simpson trial team)  joins Brian Panish for a civil justice discussion around the George Floyd jury selection starting with the question, 'what do you think about the justice system today' Find out more. 

From the DA's office to Insurance to finally a Plaintiff’s career path, Mr. Paboojian has litigated over 55 jury trials to verdict and continues to advocate the best for his clients. He also encourages all lawyers to get in the game, no matter how scary it seems at times. Plus, we'll discuss what we’ve learned from employment litigation in conservative areas.  

Trial Lawyers join the science group discussion and the post podcast results speak for themselves.  As Brendan's case here resolved at $4.7m out of our predicted max of $4.3m!

That’s right ladies and gentlemen we’re turning the corner into a new age. This space requires a whole different approach. Are you ready to take on this challenge? I think you might feel the pain, as I have, stretching beyond my normal routines but I gotta tell you once you reach the other side you’ll see things much clearer and wake up with a refreshed view of your profession. And who knows, maybe it’s the positive silver lining you've been waiting for!

New Show Sponsors, New Opportunities

We’re also allowing some sponsors this year that may align with our plans to keep you all on “in the game” and one of those is Priority Responsible Funding, LLC. You can learn more about these non-recourse funding companies and how they can assist you on the cash flow challenges until you get that verdict or settlement. It appears super easy to get into the approval process so you can get access to those experts, focus groups, investigators, or other expenses handled.

This set up a model of experience, critique, and post-critique to help student lawyers become better. With video (streaming), Guy states "a two-week trial could be done in 3 days!".In this episode you’ll learn:

• The obstacles faced when he wanted to use video and audio evidence.
• About a Judge in Sandusky Ohio using Pre-recorded Video Tape Trials.
• How past obstacles apply today with a virtual trial.
• The one HUGE advantage to video transmission.
• The most important features of a mock trial to replicate.
• His technique he uses in appellate court arguments.

1. Use multiple, representative samples of screened participants
2. Multiple groups allow generalization and greater confidence in patterns
3. Objective, behavioral scientist moderates focus group
4. Conducted in from the comfort of participant’s home
5. Simulates live discussion among participants
   1. Examine how individuals affect others’ expression of emotions and verbal responses
6. Records each participant’s facial expressions for offline analysis
7. Records text of each participant’s speech for offline analysis
8. Multiple channels of data
   1. Survey responses
   2. Facial expressions of emotion
   3. Linguistic analysis of speech to reveal more dimensions of personality

Learn more about live focus groups. 

Rex discusses his legal team including Robert Kennedy,Jr, John Morgan, and Brian Panish for the amazing challenges and corruptive affairs of Oil & Gas or other similar mass torts targeted industries.  "I have never seen anything this scandalous".

For lawyers that are gonna get involved with the oil industry, you have to be prepared when there are "no rules." You look no further than Exxon whose own reports 50 years ago said climate change is caused by what we're doing, let's keep it a secret and let's get ready to drill when the ice melts on the North Pole!

Further Inspirations:https://www.imdb.com/title/tt1787816/

https://www.imdb.com/title/tt1294164/

https://www.imdb.com/title/tt9071322/

Mr. Parris takes another deep dive science approach to his voir dire and lets you know what's about to happen in the future.Now is a good time to learn from someone who has invested years of cutting-edge research into his practice as well as other plaintiff trial law firms.

To kick-start the new year and decade, the team at Jury Analyst sat down with Brian Panish to answer some listener questions. Brian is one of the country’s leading trial attorneys, so we’re grateful for his time and hope you find his tips as interesting as we do.

• He shares his insight into what it’s like as a lawyer to write books.
• How he approaches trials as a story or play to show people the truth that is emotionally engaging.
• The most important thing to provide jurors in the opening statement.
• Unique strategies he uses in jury selection to unearth as much information possible.
• The challenges of Tobacco litigation.

• The experienced gained working for an insurance defense firm.
• His advice to young lawyers aspiring to open their own firm.
• The strategy he uses to uncover bias jurors during voir dire.
• The challenges of employment law and how to navigate them.
• Insights into wrongful death and personal injury.

• Chris Dolan’s journey from leaving high school in the bottom fifth of his class to graduating Georgetown Law with high honors after the school rejected him TWICE!!
• His tongue lashing of a Georgetown Law professor who demeaned the value of plaintiff’s lawyers in society
• Tips on developing a healthy mindset for starting your own firm—Chris accomplished this goal with only $5K, 2 PCs, and a coaxial cable!
• How he utilized the mindset of ‘going all in’ with everything you set out to achieve in order to help craft new laws for patients’ rights, litigate the 1st wrongful death case against Uber by suing for product liability, and receiving multiple multi-million dollar judgments in a post 9/11 employment discrimination case
• Learn the importance of getting involved in trial organizations for younger lawyers

• Why it’s important for plaintiff lawyers to be involved in justice associations.
• How attending the Gerry Spence college and learning the methods was a watershed moment in his life.
• How he developed the “Secret Sauce” from some of the greatest minds using different methods.
• How he got two of the top 100 verdicts in 2018.
• How to get a massive judgment in a comparative fault case.

• An eye-opener that happened in 1999 that yielded a verdict of $4.9 billion dollars.
• Insights into his largest case verdict where a vicious beating by security personnel caused traumatic brain injury.
• His strategy of using mini-opening statements and why it’s important.
• How he uses polarizing as a tool in his cases.
• California fires and interesting facts we are learning.. 

• The procedural history of back and forth he experienced with the Sandy Hook case against the gun industry.
• What it’s like to grow up in a family and in a law firm with three-generations of lawyers.
• How he got a 22.5 Million verdict on a retrial. 
• How he got involved in taking on the gun industry and the challenges he faced.
• The claims he filed under in order to keep the case in state court.

• Sexual harassment, sexual assault, and sexual abuse cases.
• The changes in how people view sexual harassment cases.
• The effects of the Cavanaugh hearings have had on these types of cases.
• Why it’s important for young attorneys to get involved in associations.
• Advantages/disadvantages of being a woman lawyer.

• How to use opening statements to come out of the blocks ahead.
• Aspects of how jurors make up their minds at the opening statement.
• How to nail the opening statement.
• Methods he uses to prepare his opening statement.
• The technology he uses in his opening statement.

• What motivated Robert to become a plaintiff attorney.
• His secret to growing his firm and support staff.
• What kinds of cases he specializes in and how many lawyers he dedicates to each case to be sure they are covered properly.
• His criteria for delegating expert depositions, motions, and summary judgments to the proper team.
• How he chooses the right lawyers for each trial and how he determines who goes where/i.e. the most important criteria.
• What crucial elements to preparing a spine injury case and getting them in your favor verdict out of the jury.
• His view on the landscape of the legal industry and how he has started using data analysis to help him win.
• His take on supplemental juror questionnaires (SJQs) and the hurdles to get them approved.

• The companies Reuven’s started and how technology is helping the law industry streamline operations and marketing.
• How to market your law firm using mobile technology.
• How he built the most high-tech, high-performing law firm.
• The driving force of thinking about what consumers want today.
• How he is using technology to deal with over 3 million inquiries per month for Morgan & Morgan, the country's largest firm.

• What he learned as a defense lawyer earlier in his career to help him be successful as a plaintiff lawyer.
• How he goes about getting more cases.
• Why he is a member of American Board of Trial Advocates (ABOTA) and how it’s helped his career.
• His experience with unreasonable conduct in court and what a jurors perception of it is.
• Some of his favorite record verdicts.
• How he confronts and deals with conservative jurors.

In this episode we cover:

• The most important skills for young lawyers to develop and ways to help them become successful trial lawyers representing people.
• The 100 Million Dollar fuel tank case that ended up getting the Governor of Illinois indicted.
• The key things in the Double Amputation case that lead to a $96 Million dollar verdict.
• How Joe likes to use animations and demonstrative evidence when he tries a case.
• The largest medical malpractice case verdict in the history of Illinois.

In this episode we cover:

• How Sean deals with managing a firm of 42 lawyers and over 140 personnel.
• The role discipline plays in his success and the firm’s success.
• Dealing with voir dire and the concept being new in Massachusetts.
• The challenge faced with getting the legislature and judicial body to buy into allowing voir dire in the state.
• The roles he pushes his trial lawyers to play to help their client’s outside of the court.
• The action he takes to help his firm get new cases.

In this episode we cover:

• Open policy scenarios & how to recover monies from them.
• Tortious breach of contract.
• Consequential economic damages.
• Punitive damages.
• Delaying/not approving medical treatment.
• And more...

In this episode we cover:

• The great Plymouth Mail robbery case.
• The Boston Strangler case.
• One of his greatest tort cases which settled for $38 million.
• His experiences with the polygraph and the George Edgerly case.
• His involvement in high profile court martial as a civilian lawyer.
• Insights about the Patty Hearst trial.
• The cross-examination of Detective Mark Fuhrman during the O.J. Simpson trial.
• His advice for young people who want to be trial lawyers.

In this episode we cover:

• The fields of study that have given Rex an unfair advantage in the courtroom.
• The best type of books all lawyers should read.
• What is NLP (Neuro-Linguistic Programming) and how to use it.
• Using mirroring in the courtroom.
• Preparing cases using Mind Mapping.
• The nonverbal cues and the six facial expressions he looks out for.
• How Facial Coding can help your verdict.

In this episode we cover:

• How to get started as a plaintiff lawyer.
• How he uses data-driven jury selection and why it works with unbelievable precision.
• The process of using online focus groups to collect statistically significant data.
• Using psychographics to get a good profile of any potential juror 
• How small firms can cost-effectively use analytics and data for their cases.

In this episode we cover:

• What to look for if someone has a meritorious insurance bad faith claim.
• Why punitive damages are important in an insurance bad faith claim case and his strategy to obtain them.
• Cases that were exempt from the excessive damages law.
• How punitive damages deter insurance companies from denying claims.
• Historically the only facts that come into the second phase of an argument.
• The tension between the financial condition and the egregiousness of the conduct.

Dale Galipo covers the following: 

• How he started getting civil rights cases from previously practicing criminal defense law
• The procedural challenges he faces in federal court and how to overcome them
• How to convince a federal judge to allow you voir dire
• The strategy to use when you only have 15 minutes for voir dire
• 2 things to explain to a jury to show inconsistencies
• How to break down your argument when the judge only gives you 8 hours

John Gomez covers the following 

• The characteristics he looks for in new lawyers to bring aboard his firm.
• The favorite part of a trial that he succeeds
• How his experience with the trial lawyers college has helped his practice.
• Why speaking and seminars are a must for success.
• How to combat “the sudden or medical emergency defense”.(California)

-How to manage over 400 lawyers. -Using the "Send/Delete Test" to filter employees. -Grading employees to identify weaknesses. -Using software in the practice of a personal injury lawyer. -Tips about marketing your law firm. -Using wine to get referrals.

-How Arash uses a lot of technology, what he likes to use and what works. -How to take a premise that occurred and shows it visually to the jury. -Creative ways to use animations in a trial. -How focus groups help you identify the wacky, unpredictable, important or prejudicial issues that jurors hold on to. -Using questionnaires to get the jurors’ process of negative thoughts, opinions, and issues out so you can get through a quicker jury selection.

I interview Mayor Rex Parris from Lancaster, CA who is recognized as one of the most successful and innovative trial lawyers alive today. Rex handles a wide variety of cases, ranging from severe personal injury to class actions, products liability, and business torts.

Rex has obtained numerous multi-million dollar verdicts, settlements, and judgments on his clients’ behalf, including 2009’s highest jury verdict in the United States ($370 million).  In 2013, PARRIS law firm reached the impressive milestone of over $1 billion in verdicts and settlements.

• How starting as a defense lawyer shaped his abilities to be a great plaintiff lawyer.
• How lawyers can use cognitive science to help improve their persuasion and structure their argument.
• Actions to improve your ability in front of a jury using horizontal segmentation.
• How data and cognitive research will make the current trial system unsustainable in the future.
• His take on facial micro-expression software used in jury trials allowing him to slice up which emotional elements was most amiable to certain parts of the case.
• How anchoring works and keeping the verdict from being “pulled down.”
• The right body postures, eye contact and the critical difference that they can make on the verdict.
• How to counteract the conformity bias.

3 top questions to ask a jury during voir dire.

How to identify a "strong juror".

How to identify if a potential juror has had the life experiences necessary to make a decision in your favor.

How to match stereotypes case.

What do you do when someone from the insurance industry is a potential juror?

Mr. Giradi our nation's top legendary trial lawyer was formerly the President of the International Academy of Trial Lawyers, the President of the American Board of Trial Advocates, and has been a stellar trial attorney for the last 50 years.

In this episode we cover:

Why are trial lawyers important?

The number 1 thing to being a successful plaintiff lawyer.

What are the key aspects of voir dire to help a plaintiff lawyer be successful?

Questions to ask jurors to get insight into their philosophical views.

How to ask questions that elicit an essay response versus a yes or no response.

Whether or not to use a jury consultant.Defining the components of your opening statement and what to present

Danny Abir -

-How he grew the firm from 1 lawyer to 17 lawyers and over 350 cases. -The rules you must follow when starting your own contingency practice. -3 key areas to starting a firm and growing it into a successful plaintiff personal injury practice. -How to decide what risky cases to take and the factors weighted in making the decision to move forward. -Procedures for setting the budgets for cases. -The least expensive most effective way to market your firm.

In this episode with Chris Spagnoli we cover:

• How she represents victims for catastrophic cases mostly involving automotive injuries.
• The common defenses the defendants use as an argument.
• How she attacks the liability of these cases.
• How she picked a jury and got them thrown out for cause.
• And how she used the defenses biggest theory to turn it around on them.

If your goal is to be successful in personal injury then this podcast could change the trajectory of your practice.

My guest speaker and renowned trial lawyer, John Romano of the Romano Law Group in West Palm Beach FL, shares insights from over 40 years of practicing law and his approach to becoming a great trial lawyer.

On the podcast John reveals...

• The single most import thing a lawyer should do who wants to be successful in personal injury law.
• The steps he uses to figure out whether or not a case has merit to go to trial.
• 3 Things young lawyers that want to be trial lawyers must do.
• How he uncovers if there is a given problem or a series of problems in the case and how to deal with the obstacles of a case

Ben fights for the everyday people who are often marginalized and disenfranchised in America. Some of his high profile cases include representing: Trayvon Martin’s family in FL, Michael Brown’s family in MO, and currently Stephon Clark’s family in CA.

Ben shares how he identifies and combats racism not only in pre-trial but also in trial matters with jurors that have preconceived notions or bias against a man or woman of color.

In the interview he explains:

• What to do before voir dire to learn about the jurors.
• How to question jurors to uncover biased convictions they hold close to their heart.
• The biggest threat to our justice system and how to make people see things differently to win verdicts.
• How to establish trust in a case with a diverse clientele and bridge the divide between jurors from different backgrounds.

Brian Panish, award-winning Trial Lawyer, interviews another top plaintiff lawyer Ben Cloward in this invaluable podcast about trial strategies. Cloward will discuss how the smallest perceived cases can actually be quite large after this process. Also a keen focus on local virtual and live focus groups. 

Brian Panish, an award-winning Trial Lawyer, interviews another top plaintiff lawyer John C. Taylor who is one of the most respected personal injury trial lawyers in California. With more than 100 jury trials in diverse fields, his success in the courtroom is underscored by his multi-million dollar verdicts. Discussing novice to pro trial law experience including supplement jury questionnaires.  Clergy Abuse Crisis Has Cost The Catholic Church $3 Billion.

Brian Panish, award-winning Trial Lawyer, interviews another top plaintiff lawyer Keith Mitnik in this invaluable podcast about trial strategies. Mitnik explains how your Voir Dire questions are the most important part of a trial. Equally, you must make sure the jury understand the power of bias. “Even subtle bias can have a profound impact on your case,” says Mitnik.