Shows
The Jury Is OutEP 507- Office Dynamics Part One: CommunicationBig trials are keeping our TJIO team away from the mic, so the support staff hijacked the podcast to share their insights on office dynamics. Learn how to improve your own office with candid comments from our paralegals and IT team members, and find out how you can help them help you.
2024-05-0126 min
The Jury Is OutEncore Presentation: EP102 - Opening StatementsYour opening statement gets the jury interested in your client’s story. Many attorneys overpromise in their opening and risk losing the jury’s trust. John and Erich discuss effective strategies to make your opening statement a short, sincere conversation that defines your theme and convinces the jury that correcting this important issue is the right thing to do.
2022-06-0823 min
The Jury Is OutEP321 - Whistleblower Cases with Tony SimonA potential client believes their company or institution is defrauding the federal government. What should you know before you take the case? Business litigation attorney Tony Simon offers strategic insight into whistleblower cases including the extent of the relayer’s personal knowledge of fraud, considerations for filing the case, how the government’s involvement will impact the litigation, and to what extent your potential client may or may not be protected, and what you and your client may receive as compensation. Government fraud impacts us all, so tune in and get a few tips on this important area of litig...
2022-06-0132 min
The Jury Is OutEP320 - Tips for Depositions Part ThreeOur final episode on Tips for Deposition covers issues that may arise during the depo such as evasive witnesses, speaking objections, and preserving the record. We also discuss strategies for forming more effective questions, boxing in the witness, and reinforcing statements that support your case. Keeping these tips in mind will help you find the facts you need to paint a clear picture for the jury and create a rock-solid record for the judge.
2022-05-2529 min
The Jury Is OutEP319 - Tips for Depositions Part TwoPart Two of our depo discussion offers 15 additional tips on strategy and goal-setting during prep, including opening the door to admit evidence, preparing exhibits, and doing your homework on your witness. We also discuss how to improve your depo outline (yes, you should have one!) and what you should add to keep your focus on the witness and not on your legal pad.
2022-05-1827 min
The Jury Is OutEP318 - Tips for Depositions Part OneWhether you’ve taken hundreds of depos or just a handful, you can always use a few tips to save time, better prepare your deponent, or clarify your argument for the jury. Part One of our three-part series on deposition tips addresses 13 specific suggestions for depo preparation and planning, when to take a depo and how to frame your questions more effectively.
2022-05-1124 min
The Jury Is OutEP317 - Things They Don’t Teach You In Law School Part TwoDon’t let inexperience hinder you. Use it as an excuse to ask, learn and be creative. Part Two covers considerations on hiring experts, creative ways to get “experience”, the power behind creating social capital, and an eye-opening exercise you probably didn’t learn in class; prepare an opening argument for your opposition before you go to court to illuminate key issues and figure out how you will respond. Today’s discussion also offers a handy checklist for preparing for trial that could save you hours of angst.
2022-05-0429 min
The Jury Is OutEP316 - Things They Don’t Teach You In Law School Part OneSo you passed the bar and got your first job at a great firm. Excellent! But are you really ready to be a lawyer? Part One of our discussion focuses on how to be a stronger part of the team, pro tips for scheduling and delegating more effectively, and advice on keeping your head in the game of life while you learn the rules of law.
2022-04-2728 min
The Jury Is OutEP315 - Improvisational Skills Can Help Improve Your PracticeMany lawyers have difficulty staying mindfully present during depositions, cross-examinations, and client consultations because of stress, the fear of making a mistake, and worrying about what to say next. Learn the 3 rules for constructive cross-examination and improv techniques like looping from improvisational acting experts Steve Hohman and Olivia Espinoza to help steer the narrative and improve communication in every aspect of your practice.
2022-04-2041 min
The Jury Is OutEncore Presentation: EP213 - Losing SucksEverybody hates to lose. If you avoid tough cases just because you might not win, you are doing a disservice to your client and yourself, and you are missing an opportunity to learn important lessons and build your character. Join John and Erich in this candid encore discussion on how to handle a loss with less pain and more gain. Reset your attitude and you’ll discover it’s not win or lose. It’s win or learn.
2022-04-1333 min
The Jury Is OutEP314 - Theater in the Courtroom Part TwoConsider the courtroom as a live drama unfolding before you. How can you direct the characters to tell their most authentic story and utilize breathing, dramatic structure, voice control, and more to make that story as persuasive as possible? The conclusion of our fascinating two-part discussion with Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION will change the way you prep and practice and leave you laughing with two instructive stories about termites and the best witness in the world. Don’t miss this episode.
2022-04-0625 min
The Jury Is OutEP313 - Theater in the Courtroom Part OneA trial is a contest of competing stories and the jury is your audience. Prepare your witness for their best performance with tenets from acting and theater explained by Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION, a unique litigation consulting group. Their powerful and highly effective communication techniques, such as identifying non-verbal micro-expressions, harnessing the power of metaphor, and strengthening sensitivity and listening skills, will help your witnesses tell the essence of their story more effectively and help you command center stage in the courtroom.
2022-03-3038 min
The Jury Is OutEncore Presentation: EP223 - Mentorship with Charla Aldous“What matters most to us is effecting change.” That’s the philosophy of renowned trial attorney Charla Aldous and her firm Aldous\Walker. Charla Aldous is a trailblazer who also founded Athea Trial Attorneys, an innovative all-female virtual law firm. Join the spirited and inspiring encore conversation with guest host Amy Gunn of the Simon Law Firm as Charla reveals how she affects change in and out of the courtroom with kindness, commitment, and a passion for justice.
2022-03-2332 min
The Jury Is OutEncore Presentation: EP212 - Framing Your Case with Charla AldousIf it’s a cause worth fighting for, Texas trial attorney Charla Aldous is ready. Ranked as one of the top attorneys in America for over two decades, Charla’s authentic, no-nonsense strategy for case framing continues to convince juries, even in cases no one expects her firm to win. Tune in to this encore podcast with guest host Amy Gunn to hear the creative narratives from some of Charla’s biggest cases, and why taking a case she knows she won’t win has provided some of the most satisfying results in her prestigious career.
2022-03-1645 min
The Jury Is OutEP312 - Legal Services Part TwoCitizens are guaranteed legal representation in criminal cases which may impact their freedom but are not guaranteed representation on issues regarding their physical and mental health, personal safety, government benefits, or housing, which may be life-threatening situations. In Part Two of our discussion, Dan Glazier and Karen Warren detail the assistance Legal Services offers to level the playing field for vulnerable citizens. Learn more about their services how you can help this vital organization remove barriers for low-income, low-opportunity citizens in your community.
2022-03-0934 min
The Jury Is OutEP311 - Legal Services Part OneThe justice gap is real. Thousands of Americans face legal situations such as wrongful eviction, denied access to health and other public benefits, or domestic violence with no money for legal representation. Legal Services organizations are the poverty law experts…providing free legal aid and education to our most vulnerable citizens. Dan Glazier and Karren Warren of Legal Services of Eastern Missouri share their organization’s focus and goals. No matter what your legal area of expertise, consider stepping up to help someone in need by volunteering at a Legal Services agency near you.
2022-03-0234 min
The Jury Is OutEP310 - Appellate Law Part Two with Joan Lockwood and Rich FinneranIntimidated by oral arguments? Appellate law experts Joan Lockwood and Rich Finneran suggest reframing your mindset to create a teaching conversation with the judges rather than simply extending your argument with opposing counsel. Today’s episode also includes tips for preparing more effective oral arguments, how to handle questions from the bench, and a few good reasons to show up to court early no matter where you are on the docket.
2022-02-2336 min
The Jury Is OutEP309 - Appellate Law Part One with Joan Lockwood and Rich FinneranDon’t wait for the request for appeal to hit your desk to start thinking about appealable issues. Many top firms pay close attention to appeal potential every minute of litigation. Appellate law experts Joan Lockwood and Rich Finneran discuss appellate brief basics, which issues have a greater chance of reversal, and how to prioritize key points. Tune in for tried-and-true tips which could improve your chances of winning your next appeal.
2022-02-1639 min
The Jury Is OutEncore Presentation: EP104 - Mediation with Glenn NortonTrying to settle through mediation? Learn what works and what doesn’t from Hon. Glenn Norton, a former judge on the Missouri Court of Appeals who is now one of the most sought-after mediators in the Midwest. This encore conversation about the legal and psychological nuances of negotiation could make your next mediation more successful.
2022-02-0936 min
The Jury Is OutEncore Presentation: EP202 - Re-examine Your Cross-Examination with Patrick Malone Part TwoAre you stuck in a cross-examination rut? In part two of our encore presentation with attorney and author Patrick Malone, you’ll hear thought-provoking techniques to discredit dishonest witnesses, counter common issues and reduce tensions in the courtroom. Attack your next cross-examination with sharper skills and a new attitude based on this lively discussion about Patrick’s new book, The Fearless Cross-Examiner.
2022-02-0237 min
The Jury Is OutEncore Presentation: EP201 - More Confident Cross-Examination with Patrick Malone Part OneWant to take your cross-examination skills to the next level. In this encore episode, renowned attorney and author Patrick Malone challenges tired cross-examination practices and offers fresh insights on how, when, and where to research witnesses, outlines traps to catch the cherry-pickers and details his “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, The Fearless Cross-Examiner, and walk away with at least one tip that will improve your next cross-examination.
2022-01-2638 min
The Jury Is OutEP308 - Deposing the Opponent’s ExpertYou make your case with your experts, but you win your case with theirs. This episode of The Jury Is Out focuses on how to undermine credibility and reveal bias, what to look for in the expert’s prior publications and depositions, how to use industry regulations, and much more. Tune in and take notes… you’ll hear over a dozen specific questions and tactics you can use to get powerful admissions and possibly turn the tables in your next expert deposition.
2022-01-1935 min
The Jury Is OutEncore Presentation: EP119 - Preparing Your Expert Witness for Deposition with Erica SlaterYour expert may know the case file forwards and backward, but are they ready for the opposing council’s cross? Have you provided all materials needed to secure their opinion? And did you prep them on key semantics like the difference between “probable” and “possible”? Erica Slater of the Simon Law Firm joins John and Erich to share tips on how to prepare your expert for depo to help them communicate and defend their opinion in a clear and convincing manner.
2022-01-1228 min
The Jury Is OutEncore Presentation: EP108 - Selecting Expert Witnesses with Erica SlaterExpert witnesses can make or break your case. Not only do they need to understand the facts of the case and the subject matter, but they must also clearly communicate their position to the jury. But you can’t always count on credentials alone. In this encore presentation, Trial attorney Erica Slater of The Simon Law Firm joins John and Erich to discuss expert evaluation strategies that can help avoid surprises in the depo, trial, and invoice.
2022-01-0531 min
The Jury Is OutEP307 - How To Take A Deposition Part TwoPart Two of our discussion on how to take a deposition dives into deeper issues, such as asking the ultimate issue in a case, tips for handling evasive witnesses, and how to get the information you want when the request is deemed overly broad or burdensome. John wraps up our discussion with his most important depo-taking tip; how to remember key points from any deposition and have them at your fingertips for future analysis.
2021-12-2932 min
The Jury Is OutEP306 - How To Take A Deposition Part OneAccording to John Simon, the three most important things to do when taking a deposition are to listen, listen and listen. But after that, what makes the difference between a depo that covers the facts and a depo that closes the case? Attorneys John Simon, Tim Cronin and Erich Vieth discuss when to deviate from your outline, what to do if opposing counsel tries to intimidate you, and why it’s important to get non-verbal responses into the record.
2021-12-2229 min
The Jury Is OutEP305 - How to Prepare for a DepositionOf course you know you need to prepare for a depo, but can you improve your preparation? Tim Cronin, John Simon, and Erich Vieth examine research techniques, exhibit organization, and technical considerations that can help you better understand the issues, and your deponent. Tune in for timely tips that will help you feel more confident and better prepared for your next deposition.
2021-12-1537 min
The Jury Is OutEP304 - Defining your Deposition GoalA deposition is not a casual conversation. It’s a well-planned, goal-oriented investigation to uncover facts and opinions that will help you establish key points in your case. Do you know what you need from this deponent? Should you stick to a prepared list of questions or go with the flow? And how can you get clues to the opposing side’s strategy and reinforce the strength of your position during a depo? John, Erich, and plaintiff attorney Tim Cronin share tips on how to define your deposition goal and get the answers you need.
2021-12-0825 min
The Jury Is OutTo Take Or Not To Take The DepositionThe purpose of every deposition should be to advance your case. How do you decide which depos are crucial to your case, and which ones you can or should avoid? In the first of several episodes on deposition strategy, Plaintiff attorney Tim Cronin joins John and Erich discuss key considerations regarding the first decision you make when planning your deposition strategy…will this depo hurt me or help me?
2021-12-0124 min
The Jury Is OutEP302 - Starting Your Own Firm Part TwoPart Two includes practical considerations and ideological drivers. Why are you doing this in the first place? What is the mission of your new firm? Who are your working partners outside your office? And how important is it to exit gracefully when you do decide to leave your current position? Tune in as John and Erich offer more great advice to help you start your new firm with a better chance of success.
2021-11-2427 min
The Jury Is OutEP301 - Starting Your Own Firm Part OneThe thought of starting your own firm appeals to many attorneys at some point in their careers. But there are several things you should consider before you quit your current firm or try to hang up your shingle straight out of law school. As the founder of a large firm and a solo practitioner, John and Erich discuss the pros and cons from two different perspectives and offer insights about software solutions, developing a virtual team of co-counselors, and other logistical issues you should consider before starting your own firm.
2021-11-1727 min
The Jury Is OutEncore Presentation: EP109 - Twelve Tips for Opening StatementsIn an encore presentation of one of our most popular episodes (EP109), John Simon presents twelve specific tips for creating a highly persuasive opening statement. Take a listen and learn what all the other attorneys who downloaded this podcast already know about making their case stronger from the start. You’ll be glad you did when you step in front of your next jury.
2021-11-1029 min
The Jury Is OutEP234 - Surviving your First Years in Practice Part TwoDid opposing counsel push you around in your last depo? Are you at the office until midnight 4 nights a week? Have you joined 17 organizations with the hopes of expanding your network but it’s stressing you out instead? In part two of our discussion, you’ll learn how to avoid these common young-attorney pitfalls with real-life advice from John Simon and three of the newest attorneys at the firm. Tune in and discover successful strategies that can help any attorney become a better lawyer and a happier human.
2021-11-0331 min
The Jury Is OutEP233 - Surviving your First Years in Practice Part OneEver feel like your law degree gave you the keys to a shiny new sports car, but you don’t know how to drive? John Simon and three young attorneys from his firm offer reassuring hands-on-the-wheel advice about trying their first cases, taking criticism and learning to trust your instincts. Consider this episode a driving lesson from a trusted mentor who will help you navigate the stress and insecurity of life in the fast lane as a young trial attorney.
2021-10-2739 min
The Jury Is OutEP232 - Marketing Without Going Out of Your WayMarketing isn’t just billboards and blogs. Your most effective marketing tool is your own genuine interest in the people you interact with every day. John and Erich discuss simple ways to turn clients, contacts, and opposing counsel into marketing ambassadors for you and your firm. So, take a few minutes to re-think your preconceptions about how expensive and time-consuming marketing might be. These no-cost, no-brainer ideas can bring cases to your firm and enrich your life in the process.
2021-10-2038 min
The Jury Is OutEP231 - Decision Science with Mark MandellIdentifying the “I can’t get over it” issues in your case is the first step to successful case framing. But making your frame clear to the jury is key. When do you introduce your case frame? How often do you repeat it? And what is the defense going to do about it? In this second episode on case framing, legendary trial lawyer Mark Mandell drills down on how to select your most important issues, anticipate the attack and apply decision science in your courtroom strategy. The techniques you’ll learn in these two episodes may transform the way you analy...
2021-10-1340 min
The Jury Is OutEP230 - Case Framing with Mark MandellBetrayal. Do your job. The value of a handshake. Case frames like these help summarize the “I can’t get over it” issues of your argument in simple terms the jury can understand. But how do you know which frame fits? And what are the dangers of incorrect framing? Acclaimed author and attorney Mark Mandell joins Eric Vieth and Johnny Simon for an eye-opening discussion of his innovative method from his must-read books Case Framing and Advanced Case Framing. It’s more than a model, it’s a mindset for success.
2021-10-0638 min
The Jury Is OutEP229 - Intellectual Property Litigation with Tony SimonPatents. Copyrights. Trademarks, wordmarks, and trade secrets. What’s the difference and why should you or your business care? Business litigation expert Tony Simon of The Simon Law Firm discusses the right way to protect your intellectual property and gives a few tips on avoiding copyright infringements to anyone who hires another firm to create their website, uses images off the internet, or modifies an existing product for intended sale…..could that be you? Tune in and find out.
2021-09-2933 min
The Jury Is OutEP228 - Cognitive Science in the CourtroomHow we think influences how we persuade and how we respond to what we see and hear. Learn the science behind effective metaphors, the power of familiarity heuristics and the importance of emotion in decision-making and discover how cognitive science can help you craft more effective arguments in the courtroom.
2021-09-2231 min
The Jury Is OutEP227 - Fighting Among Friends with Defense Attorney Tim GearinYou throw down the gloves in the courtroom. But when the trial is over, should you still maintain an adversarial relationship with opposing counsel? Defense attorney Tim Gearin sits down with Erich Vieth and Plaintiff Attorney Tim Cronin of the Simon Law Firm to discuss why keeping cordial relationships across the aisle is not only the polite thing to do but can actually help your client, your case, and your career.
2021-09-1528 min
The Jury Is OutEP226 - Anti-Trust Litigation with Tony SimonAs corporations become more powerful and pervasive, individuals are finding it harder to protect their products and intellectual properties. Tony Simon shares anti-trust insights from his 30 years of business litigation experience with The Simon Law Firm and discusses tactics, pitfalls, and some of the more secretive practices of major corporations that impact us all.
2021-09-0829 min
The Jury Is OutEP225 - Alvin Wolff’s 40 Tips from 40 Years Part TwoShortcuts never work out. Make a list of 20 ways you can lose your case. And It's okay to trust opposing counsel until you catch them lying, then never trust them again. These are just a few of Alvin Wolff’s tried and true rules from real life courtroom experiences. Tune in for Rules 21 through 40 and we guarantee you’ll find at least one idea that will significantly improve your practice.
2021-09-0132 minThe Jury Is OutEP224 - Alvin Wolff’s 40 Tips from 40 Years Part OneWith over four decades in the courtroom, St. Louis plaintiff Attorney Alvin Wolff has seen it all, and he took notes. Like “A client who has been through several lawyers is probably a client you wish you didn’t have.” And “If you act like you know what you are doing, the Court will probably let you get away with it.” This entertaining segment featuring Alvin’s first 20 tips is filled with real-life anecdotes, wisdom and lessons learned in the school of hard knocks will benefit attorneys of all ages.
2021-08-2533 minThe Jury Is OutEP223 - Mentorship with Charla Aldous“What matters most to us is effecting change.” That’s the philosophy of trial attorney Charla Aldous and her firm Aldous \ Walker. Ranked as one of the top attorneys in America for over two decades, Charla Aldous is a trailblazer who also founded Athea Trial Attorneys, an innovative all-female virtual law firm. Join the spirited and inspiring conversation with guest host Amy Gunn of the Simon Law Firm and Erich Vieth as Charla reveals how she affects change in and out of the courtroom with kindness, commitment, and a passion for justice.
2021-08-1832 minThe Jury Is OutEP222 - Persuasion: Your Case is Where Your Heart IsAs attorneys, it’s our job to persuade. Effective arguments are built upon logic, emotion, and trust, and you won’t win the jury without all three. But how do you build trust? Where should logic end and emotion begin? And how does case selection fit in? Join John and Erich for an insightful intellectual discussion about how your passion is the driving force behind every persuasive argument.
2021-08-1128 minThe Jury Is OutEP221 - The Introspective Lawyer: A Conversation with Rick FriedmanWe spend a lot of time focused on how we practice law, but when do we take the time to wonder why? In his new book, The Way of the Trial Lawyer-Beyond Technique, best-selling author Rick Friedman examines the journey to find justice, the balance between intellect and heart, and how recognizing moral truth makes all the difference. Take the time to realign your internal compass with this essential episode.
2021-08-0439 minThe Jury Is OutEP220 - Ideas that Inspire Part TwoInspiration drives positive action, and the best attorneys are driven to succeed. Perseverance and determination is reflected in how we handle everyday challenges, make first impressions, and create new connections. John and Erich discuss how they rely upon inspiration in the courtroom and in everyday life and share their favorite words to live by. Turns out the biggest truths are pretty simple.
2021-07-2831 minThe Jury Is OutEP219 - Ideas that Inspire Part OneWisdom from parents, coaches and co-workers may have built your ethical foundation, but where do you turn now to keep motivated? John and Erich point out the inspirational insights that are all around us, from strangers in the courtroom to our familiar yet sometimes forgotten oath. Reconnect with a refreshing and insightful discussion that will get you grounded again.
2021-07-2129 minThe Jury Is OutEP218 - If It Pleases the Court with Judge Lisa VanAmburgThe Honorable Lisa VanAmburg is a founding member of the Women Lawyers Association and a retired judge, having served at both the trial court and appellate court levels. A legal pioneer in Missouri, she discusses the challenges and opportunities for women trial attorneys handling civil rights cases beginning in the mid-1970s. She also offers tips for trial attorneys: what judges like and don't like to see in court.
2021-07-1441 minThe Jury Is OutEP217 - What makes a Successful Lawyer?Do you measure your success with dollars and wins? Guest host Amy Gunn, who has worked with John at The Simon Law Firm for over two decades, talks with John about how the power of a positive upbringing, the wisdom of hard work and the joy of a generous heart helped him become one of the top attorneys in America and a very happy and successful family man and friend.
2021-07-0738 minThe Jury Is OutEP216 - Mental Health MattersSome of the toughest battles are not in court. Substance abuse, depression and anxiety impact many attorneys. Take a few minutes for positive self-care with our guests Anne Chambers and Roger Whittler of the Missouri Lawyers Assistance Program (MOLAP). And if you want to talk, call MOLAP anytime at 1-800-688-7859 for free and confidential support services available to any Missouri attorney.
2021-06-3040 minThe Jury Is OutEP215 - A Conversation with Tom Strong Part TwoHave you ever won a $6.7 billion dollar settlement? Missouri plaintiff attorney Tom Strong did when he represented the State of Missouri in the landmark case against the tobacco industry. The ruling also provided equitable relief mandates that still save lives today. Tom discusses some of the pitfalls in the case and reveals his down-home way to earn the jury’s trust in part two of our conversation with Tom Strong.
2021-06-2328 minThe Jury Is OutEP214 - A Conversation with Tom Strong Part OneTom Strong is a legendary Missouri lawyer who began his career in 1957 and pioneered innovative courtroom techniques like accident reconstruction. He is recognized as one of the most successful, ethical and influential attorneys in America. He’s also well known as an engaging storyteller and he shares some of his favorites from his recent book, Strong Advocate, which he wrote at age 80. Tune in and be inspired by a conversation with Tom Strong.
2021-06-1638 minThe Jury Is OutEP213 - Losing SucksWe all hate to lose. But nobody wins every time. How you handle losing a case determines your real victory or loss, because the verdict isn’t the only thing on the line. If you avoid tough cases just because you might not win, you are doing a disservice to your client and yourself. Join John and Erich in this candid discussion on how to handle loss with less pain and more gain.
2021-06-0933 minThe Jury Is OutEP212 - Framing Your Case with Charla AldousIf it’s a cause worth fighting for, Charla Aldous is ready to fight. Her authentic, no-nonsense strategy for case framing continues to convince juries, even in cases no one expects her firm to win. Tune in to hear the creative narratives from some of her biggest cases, and why taking a case she knows she won’t win has provided some of the most satisfying results in her prestigious career.
2021-06-0245 minThe Jury Is OutEP211- Life After Law: MOLAPWas it just a bad day in court, or do you really want to get out of law for good? How do you know if you just need balance or if you’re totally burned out? John and Erich talk with professional consultants at Missouri Lawyers’ Assistance Program (MOLAP) about evaluating your options, redirecting your career, and giving yourself permission to re-invent your life. The podcast is free, and so are the MOLAP counseling services. Take advantage of both.
2021-05-2626 minThe Jury Is OutEP210 - How to Ask for Damages Part TwoYou’ve got one shot to ask for damages that must last your client for the rest of their life. Is your strategy strong enough to get multi-million-dollar awards for your client? Boost your confidence in the courtroom.
2021-05-1928 minThe Jury Is OutEP209 - How to Ask for Damages Part OneHow do you put a price on a catastrophic injury or a wrongful death? Deciding damages is one of the most difficult tasks for the jury. Here is how to provide jurors with the information they need to award the fair and just compensation your client deserves by following John Simon’s winning strategy.
2021-05-1233 minThe Jury Is OutEP208 - Life After Law: Moving OnYou invested years of your life and plenty of cash in this career, but you just don’t love the law anymore. What the heck do you do now? John and Erich introduce you to two attorneys who left their successful practices to pursue new careers and never looked back. Could you do it too? This podcast could be the nudge you need to change your life.
2021-05-0526 minThe Jury Is OutEP207 - Opioid Litigation with Tim CroninWhen your doctor turns you into an opioid addict, you turn to a lawyer. Koon v Walden was one of the first cases in America to sue a physician for overprescribing opioids to a patient. Personal injury attorney Tim Cronin fought for the plaintiff and shares the inside story behind this landmark case and the current landscape of opioid litigation.
2021-04-2840 minThe Jury Is OutEP206 - Find Time for Time Management Part TwoWhere the %^&* is that document?! Wrangling papers and trying to recall strategic insights are top time wasters, but they don’t have to be. John Simon offers his wisdom on labeling and categorizing documents and ideas, task management, depo memos and keeping the value of the case in mind. John’s simplest time-saving tip may be the most important…don’t take a bad case.
2021-04-2137 minThe Jury Is OutEP205 - Find Time for Time Management Part OneA waste of time is the most extravagant of expenses. Are you utilizing all your resources efficiently to focus, delegate and eliminate distractions? In this timely skill-reset session, John Simon and Erich Vieth reinforce the need to prioritize time management and offer insights to help you boost creativity and productivity.
2021-04-1425 minThe Jury Is OutEP204 - How to Depose A Corporation Part TwoSearching for information in a corporate case can be like looking for a needle in a haystack. Corporate rep deposition rules should be your spotlight. John Simon and Erich Vieth highlight the unique powers of corporate rep depo rules and explain how to get around the most common depo roadblocks opposing counsel may put in your path.
2021-04-0736 minThe Jury Is OutEP203 - How to Depose a Corporation Part OneJohn Simon believes the corporate representative deposition rules are some of the most powerful tools in your toolbox. Are you leveraging them to your best advantage? Join John and Erich Vieth as they discuss how to use the rules to find the right person to depose, track down the facts in a corporate information maze and focus on the follow up.
2021-03-3130 minThe Jury Is OutEP202 - Re-examine Your Cross-Examination with Patrick Malone Part TwoAre you stuck in a cross-examination rut? John and Erich reconsider old-school techniques with attorney and author Patrick Malone based on insights from Patrick’s new book, The Fearless Cross-Examiner. Learn thought-provoking new techniques to discredit dishonest witnesses, counter common issues and reduce tensions in the courtroom, and attack your next cross-examination with sharper skills and a new attitude.
2021-03-2437 minThe Jury Is OutEP201 - More Confident Cross-Examination with Patrick Malone Part OneReady to take your cross-examination skills to the next level? Attorney and author Patrick Malone challenges tired and restrictive cross-examination practices and offers fresh insights on how, when, and where to research witnesses, traps to catch the cherry-pickers and Patrick’s “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, The Fearless Cross-Examiner, and learn at least one tip that will improve your approach in the courtroom. www.patrickmalonelaw.com
2021-03-1737 minThe Jury Is OutEP134 - Settlements Part TwoSettlement negotiations are not always successful. But you will always learn something about the case or the opposition that may prove helpful later. What to share during settlement, and what to withhold, can impact the outcome. John and Erich share settlement strategies in Part Two of our focus on settlements.
John and Erich will take a short break to prepare episodes for season two. Send topics that you would like them to discuss when we resume to: comments@thejuryisout.law
2020-10-2829 minThe Jury Is OutEP133 - Settlements Part OneAre you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? John and Erich share solid tips on when to start settlement talks, how to negotiate from a position of strength and when to walk away.
2020-10-2135 minThe Jury Is OutEP132 - Auto Fraud with Bernard BrownRebuilt wrecks. Odometer rollbacks. Car financing fraud. How can these small claims add up to significant judgements? Missouri consumer fraud expert Bernard Brown shares his extensive experience in the auto fraud field and offers car buying tips every consumer should know to protect themselves from unscrupulous auto dealers and finance firms.
Bernard Brown studied as an undergraduate at St. John’s College in Annapolis, Maryland (a “Great Books” school), before obtaining his undergraduate degree from the University of Toronto (in Toronto, Ontario) and his law degree from the University of Kansas. He has been in private...
2020-10-1429 minThe Jury Is OutEP131 - Consumer Fraud with Bernard BrownConsidering a consumer fraud case such as odometer rollback or mortgage fraud? Missouri consumer fraud expert Bernard Brown offers key insights to Missouri’s Merchandising Practice Act and tips on resources and rulings that can help improve your consumer fraud case.
Bernard Brown studied as an undergraduate at St. John’s College in Annapolis, Maryland (a “Great Books” school), before obtaining his undergraduate degree from the University of Toronto (in Toronto, Ontario) and his law degree from the University of Kansas. He has been in private practice in Kansas City since 1980. Between 1984 and 1996 his office was focused...
2020-10-0751 minThe Jury Is OutEP130 - COVID-19 and Your Practice with Ron NorwoodCOVID has changed the way every attorney works. Trial and appellate attorney, arbitrator and professor Ron Norwood joins John and Erich for a positive discussion on how firms of all sizes have adapted and often improved their practices under pandemic restrictions. Tune in and share some virtual camaraderie as we continue to record from home offices.
Ronald A. Norwood, a native of Chicago, and 1986 MU Law graduate, joined Lewis Rice in 1988 after serving as a law clerk for U.S. District Court Judge Scott O. Wright in Kansas City from 1986 to 1988. He was named an equity member of...
2020-09-3045 minThe Jury Is OutEP129 - Focus Groups Part TwoFocus groups are powerful legal tools, but they should be used strategically. John and Erich discuss how and when to do a focus group, suggest ways to use the data for trial and negotiation, and point out pitfalls to avoid.
2020-09-2320 minThe Jury Is OutEP128 - Why Guess? Focus Groups Part OneWhy guess how a jury might respond to your case when you can actually test your position before trial? John and Erich examine the value and structure of online and in-person focus groups and illustrate how focus group insights can strengthen your case from voir dire to damages.
2020-09-1640 minThe Jury Is OutEP127 - Voir Dire Legal IssuesWhat are the courtroom standards for voir dire in Missouri law? John and Erich discuss current interpretations of the legal statues based on their experience in the courtroom.
2020-09-0923 minThe Jury Is OutEP126 - Voir Dire Removing Jurors for CauseSo you’ve identified a potential juror you don’t want deciding your case. How can you effectively remove them? John and Erich share thoughts on how to expose bias and get jurors off for cause.
2020-09-0225 minThe Jury Is OutEP125 - Voir Dire Educating About IssuesWhat is the scope of voir dire? Are there topics you can’t bring up, even though they may be critical to your case? John and Erich discuss what you should and should not explore in voir dire.
2020-08-2625 minThe Jury Is OutEP124 - Voir Dire General TopicsSo many potential jurors, so little time! Knowing the right questions to ask to during voir dire, and what to listen for in the answers, can improve your odds of seating a jury that will fairly evaluate your case.
2020-08-1926 minThe Jury Is OutEP123 - Voir Dire IntroSelecting impartial jurors to decide your case is critical. But how can you tell who in the pool is impartial? John and Erich share voir dire tactics to help you uncover hidden bias or prejudice that could derail your case in deliberation.
2020-08-1231 minThe Jury Is OutEP122 - “Work-Life Balance” with Amy GunnMedical Malpractice Attorney Amy Gunn hates the term “work-life balance.” But her tips on setting workable priorities for career, family and personal goals can help any busy attorney find more “balance” as they pursue a busy, goal-oriented life.
2020-08-0527 minThe Jury Is OutEP121 - Persuasion with Hon. Mike WolffHow can you be more persuasive with your clients, co-workers and in the courtroom? Hon. Mike Wolff, retired Chief Justice of the Missouri Supreme Court and former Dean of the Saint Louis University School of Law, joins John and Erich to focus on the powers of persuasion.
2020-07-3025 minThe Jury Is OutEP120 - Artistic Rights with Yvette LiebesmanPatents, trademarks and copyrights all apply to artistic creations such as music, art, written work and inventions, but how? Intellectual property expert Yvette Liebesman explains the complex legal nuances of artistic rights protection.
2020-07-2234 minThe Jury Is OutEP119 – Preparing an Expert Witness for Deposition with Erica SlaterYour experts are the foundation of your case. Preparing them properly helps ensure your key points are brought out in depo. Erica Slater of the Simon Law Firm joins John and Erich to discuss the challenges of selecting and preparing your expert for deposition.
2020-07-1528 minThe Jury Is OutEP118 – COVID and Beyond: Part Two of Juror AttitudesJohn Simon and Erich Vieth are again joined by John Campbell to discuss Campbell's research on juror attitudes in the age of COVID-19. How nervous are people about showing up to serve in person as jurors? Will their attitudes toward wearing masks affect their willingness to serve? Have their attitudes about doctors changed to the extent that it would affect outcome on medical malpractice cases? Campbell has surveyed hundreds of potential jurors on these issues. Bonus issue: Should we use this pause in jury trials as an opportunity to re-conceptualize new ways to try jury cases in order to better...
2020-07-0822 minThe Jury Is OutEP117 – The Effect of COVID-19 on Juror AttitudesTo what extent are people willing to return to court to serve as jurors during the pandemic? John Simon and Erich Vieth discuss this topic with attorney and researcher John Campbell, who has conducted focus groups involving 1,500 jurors. Many, but not all, people are apprehensive about returning to jury service. This podcast explores juror attitudes regarding jury service, juror safety, and the extent to which a reboot of COVID-19 jury service might skew trial outcomes.
John Campbell, JD is trial and appellate lawyer turned law professor turned jury researcher.
2020-07-0136 minThe Jury Is OutEP116 - IP is Everywhere with Yvette LiebesmanDownloading a photo. Playing a cover at the coffee house. Your firm’s website. Who owns what, and when can you use someone else’s work? Intellectual property expert Yvette Liebesman discusses the legal ramifications of IP that surround us every day.
2020-06-2426 minThe Jury Is OutEP115 - Written DiscoveryYour written discovery request is the blueprint for what you need to prove in your case. But chances are, you won’t receive all that information without a fight. John and Erich share tips on addressing objections, drafting interrogatories and successfully navigating the discovery process.
2020-06-1733 minThe Jury Is OutEP114 – Case SelectionIt sounds like a good case, but are you willing to bet your firm on it? John and Erich discuss case selection and highlight potential problems that are best to avoid early.
2020-06-1021 minThe Jury Is OutEP113 - Life Without LawyersLawyers may get a bad reputation, but where would we be without them? John and Erich review the many ways attorneys protect our rights, deter bad behavior and uphold the ethics of democracy.
2020-06-0321 minThe Jury Is OutEP112 – Appellate Practice with Hon. Glenn NortonHon. Glenn Norton returns to discuss appellate practice. Speaking from his experience on the Missouri Court of Appeals and as a trial court judge, Judge Norton discusses appellate strategies that work and shares insights into what can send your appeal down the wrong path.
2020-05-2725 minThe Jury Is OutEP111 - Preparing Your Client for TrialIt’s time for your client to tell their story to the jury, but will it be communicated in the most persuasive way possible? John and Erich offer tips on helping your client project the best version of themselves in the courtroom and how to prepare them for testimony and cross examination.
2020-05-2020 minThe Jury Is OutEP110 – Defending Your Client in DepositionYour client’s deposition will make or break your case. John and Erich discuss strategies to prepare your client for depo and talk about the role you should play as their counselor during this important and stressful phase.
2020-05-1320 minThe Jury Is OutEP109 - Twelve Tips for Opening StatementThe opening statement is your introduction to the jury. John presents twelve specific tips for creating strong Opening Statement that can help your next case start off with a solid first impression.
2020-05-0629 minThe Jury Is OutEP108 – Selecting Expert Witnesses with Erica SlaterExperts can make or break your case. How can you evaluate potential experts for your case more effectively? Trial attorney Erica Slater of The Simon Law Firm joins John and Erich to discuss expert evaluation strategies that might help avoid surprises in the depo, trial and invoice.
2020-04-2930 minThe Jury Is OutEP107 – Preparing Your Client for Deposition Part TwoJohn and Erich offer more suggestions on how to help your client discuss the weak parts of their testimony, and how to prep your client so that they can be the best version of themselves when facing the jury and opposing counsel.
2020-04-2223 minThe Jury Is OutEP106 – Preparing Your Client for Deposition Part OneEver had a client depo that didn’t go well? John and Erich share tips on preparing your client for deposition, building trust and confidence, and how you can manage the process for success.
2020-04-1528 minThe Jury Is OutEP105 – Client IntakeSuccessful firms don’t just take strong cases, they turn down weak ones. But how can you tell the difference in the first client meeting? John and Erich share their experience on assessing potential clients and offer tips you can use to assist your decision-making process.
2020-04-0830 minThe Jury Is OutEP104 – Mediation with Glenn NortonConsidering mediation? Learn what works and what doesn’t from Hon. Glenn Norton, a former judge on the Missouri Court of Appeals, who is now one of the most sought-after mediators in the Midwest. His conversation with John and Erich could make your next mediation more successful.
2020-04-0836 minThe Jury Is OutEP103 – How to Lose Your Case in Opening StatementYou probably won’t win your case with an opening statement, but you can lose it there with a poor introduction. John and Erich share tips on crafting an effective opening statement. Rule Number One: “Don’t be Boring.”
2020-04-0820 minThe Jury Is OutEP102 – Opening StatementsThe jury will never be more interested in your case than at opening statement. John discusses strategies effective trial lawyers use to seize this moment, communicate the case and earn trust.
2020-04-0822 minThe Jury Is OutEP101 – Welcome to The Jury Is OutDeveloping a strong client relationship is vital to succeeding in court and in your career. Trial attorneys John Simon and Erich Vieth introduce themselves and talk about building trust from the first client meeting to the courtroom.
2020-04-0826 min