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Picking Justice

Harry Plotkin & Dan Kramer

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Attention Trial Lawyers: You’ve meticulously crafted your opening statement, mastered your directs and crosses, and fine-tuned your closing argument. But have you developed a strategy for jury selection? What will you do when a potential juror gives an unexpected answer? Do you even want that person on your jury? The clock is ticking — you need to think fast. Introducing Picking Justice, the essential podcast for trial lawyers. Join nationally renowned jury consultant Harry Plotkin and leadi ...
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“It is shocking how many times lawyers undervalue their cases,” says Sean Claggett, a pioneer in the use of big data and co-author of “JuryBall.” Coming off a $145 million workers' compensation bad faith verdict in Colorado – where a mediator told him, “Colorado juries don’t give the type of verdicts you’re talking about” – Sean shares how he uses …
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Everyone loves doctors. Pat Salvi’s firm sues them. When you know how to pick a good jury, he says, you can overcome the inherent likability factor. In this conversation with hosts Harry Plotkin and Dan Kramer, Pat reveals his strategies, starting with how he makes a connection with potential jurors. Tune in for his tips on exposing juror bias and …
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In Colorado, Kurt Zaner typically has 15 to 30 minutes for voir dire, so he makes every minute count. In this conversation with hosts Harry Plotkin and Dan Kramer, he explains how. “Even though you’ve got 15 minutes, the big points for me: I want to build a little rapport. I want them to trust me. I want them to feel empowered,” he says. From memor…
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As a public defender, Craig Peters focused his voir dire on getting jurors to assure him they’d follow the law. Turns out that jurors can promise they’ll follow the law; it doesn’t mean they will. Now one of California's leading plaintiffs' trial attorneys with multiple eight-figure verdicts, Craig joins hosts Harry Plotkin and Dan Kramer to share …
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"Has anyone here suffered profound grief?" Randi McGinn began asking jurors that question, particularly in wrongful death cases, after she suffered a personal loss. “It made me realize that people who've experienced that would be wonderful jurors,” she tells hosts Harry Plotkin and Dan Kramer. As she explains, savvy plaintiffs’ lawyers should ident…
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Twenty minutes to voir dire 35 jurors? “Hey, what’s your favorite ice cream? OK; I ran out of time.” That’s how host and jury consultant Harry Plotkin describes the challenging scenario – one of his favorite things to teach because “it can be done.” Host Dan Kramer, who soon goes to trial with Harry under these very rules, guides this discussion ab…
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Is this you before voir dire: “You're nervous, you've got a million things on your mind, you've lost 14 motions you wanted to win, and now you've got to question these people to find out who's going to kill you.” That’s the scenario that many lawyers find themselves in, suggests influential trial consultant David Ball, whose groundbreaking books li…
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From Ibiere Seck's approach to making jurors feel valued, to Steve Vartazarian's mantra to “choose topics wisely,” to Gary Dordick's strategy for timing bias discussions, this episode of “Picking Justice” compiles the best moments from the podcast’s first 12 episodes. In addition to their wisdom, tune in for insights from Lourdes DeArmas, Ricardo E…
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"The most important cause challenge is your first cause challenge," says Khail Parris, who holds the record in Van Nuys with 53 cause challenges in a single trial. Fresh off a $58 million slip-and-fall verdict and a $7.1 million win against LAUSD, Khail joins hosts Harry Plotkin and Dan Kramer to reveal his systematic approach to jury selection. He…
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In a post-COVID world, jurors respond to different questions – and smart lawyers will adapt to account for the change. Lourdes DeArmas, lead trial attorney at Omega Law Group, shares this observation with hosts Harry Plotkin and Dan Kramer. “They want to see a lot more.They don't want generalizations,” she explains. Tune in for Lourdes’ strategies …
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"Don't run from your bad facts but embrace them," says Bob Simon, whose book “Trying Disc Injury Cases: Defeating the Degeneration Defense” reveals how he’s embraced cases where clients were injured in light rear-end crashes. “The book is how to diffuse all those bombs, from intake through discovery through trial, and how to reframe the case,” he e…
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"Trial law is a game of psychology at some level," says Joe Fried, renowned as the "Godfather of Trucking Cases" who's litigated in 43 states. Regardless of the venue, he focuses on universally shared values in jury selection. “The magic of doing what we do is to build a case around the things that make us the same, not the things that make us diff…
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“What are your thoughts?” jury consultant Harry Plotkin is fond of asking potential jurors. He likes that question because it’s not “yes or no.” But it’s just the beginning. Tune in for Harry to explain the “hard part.” And learn a technique from Dan Kramer that helps jurors express where they fall on a spectrum rather than forcing binary choices. …
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"I do not reject good cases," says Arash Homampour, responding to a joke from hosts Harry Plotkin and Dan Kramer that he seeks only the toughest liability situations. Known for winning eight-figure verdicts in cases other attorneys might avoid, Arash breaks down his authentic approach to jury selection. He explains why he addresses bad facts head-o…
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In jury selection, many attorneys focus solely on getting cause challenges. But jury consultant Claire Plotkin brings a fresh perspective on framing "bias" to the conversation with hosts Harry Plotkin and Dan Kramer. She explains that telling jurors they're "biased" can backfire – especially in cases where potential jurors' strong feelings might ac…
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Gary Dordick wanted to know why the sole juror voted against him, so he asked her after trial. Turns out, he reminded her of her ex-husband, so she didn’t believe a word he said. “Okay, but, Ma’am, why didn't you tell me that when we were picking the jury?” Gary wondered. “Oh,” she responded, “you never asked.” Gary tells this cautionary tale to ho…
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To keep jury selection simple, Steve Vartazarian turns to simple tools: paper and pen. In this visit with hosts Harry Plotkin and Dan Kramer, he explains why. “It occurred to me, ‘Oh, my God!’ I was, like, one day: ‘Jury selection is the only time where we're only relegated to words, and we can't show the jury anything,’” says the founder of The Va…
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“Folks, I know you're here because you have to be, and we appreciate that. And I want to tell you right up front that you don't owe me anything…” So begins Ricardo Echeverria’s typical introduction to prospective jurors. In this conversation with “Picking Justice” hosts Harry Plotkin and Dan Kramer, Ricardo guides plaintiffs’ lawyers on jury select…
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In the first episode of "Picking Justice,” jury consultant Harry Plotkin and trial lawyer Dan Kramer invite lawyers on a journey to heightened jury selection skills. Using real-life lessons learned, they discuss the importance of considering different types of jurors and crafting questions that will yield better answers. They also set the stage for…
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The injured plaintiff can’t have children. One potential juror says, “No big deal. Adopt.” Another says, “That’s not what I signed up for when I got married.” If she were trying the case, Ibiere Seck would approach jury selection with curiosity and a non-judgmental conversation like this: “Okay, where do you fall? Let's talk about that...” “That's …
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Ready to take your verdicts and jury selection to the next level? Jury consultant Harry Plotkin and trial lawyer Dan Kramer are your ticket to tipping the scales before trial begins. You’re not just picking a jury; you’re picking justice. Have a jury selection story to share? Email us at [email protected], and we may address it in a future…
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