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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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“You've gotten just tons of jurors off for cause, but you do it in the most polite way,” host Harry Plotkin says of longtime friend Rahul Ravipudi, who stops by “Picking Justice” to share his philosophy of voir dire that has helped him secure eight- and nine-figure verdicts. As Rahul explains to Harry and co-host Dan Kramer, his core philosophy is …
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In med-mal cases, the defense often argues that a defendant couldn’t have anticipated a patient’s unusual problem. When a 15-year-old girl died from complications of undiagnosed lymphoma, the plaintiff’s team turned that argument on its head. “I think people think, ‘Well, if someone comes in with a really unusual set of circumstances, you ought to …
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After completing nine trials earlier this year, Mike Alder describes lessons learned about jury selection with hosts Harry Plotkin and Dan Kramer. Tune in for his insights about how being practiced makes you conversational rather than aggressive, why he starts with easy questions before diving into hot-button issues, and how asking "I need your hel…
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Earlier this year, hosts Ben Gideon and Rahul Ravipudi welcomed a “force of nature” to “Elawvate.” She’s also known as Charla Aldous, founder of Aldous Law. The episode remains one of the podcast’s most popular conversations. Tune in as Charla reflects on her legendary career, offers advice to younger lawyers, and revisits the victories that have p…
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"Anybody who tells you that leaving a law firm is an easy process is lying to you," says Ben Gideon. To lay out the unvarnished truth, Ben shares his experience leaving a 17-year partnership to launch Gideon Asen. In a conversation guided by Jeff Wright, the firm’s COO, Ben explains why departing from one firm to start your own can feel like a divo…
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Picture your voir dire happening in a private room where it’s just you and the potential juror. It’s called “individual sequestered voir dire,” it’s guaranteed in Connecticut’s constitution, and it’s an approach that Kathleen Nastri has mastered – as evidenced by her $58 million med-mal verdict, a state record. It can be exhausting, she admits. It …
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“We had to say, ‘Hey, we're going to be honest with you here. For a long time, we had this wrong, and our experts had it wrong.’” That’s the theme that Chuck Hehmeyer and Elizabeth Kayatta emphasized in their med-mal case on behalf of a 4-year-old boy who was brain-injured after a routine surgery. As the boy recovered, experts initially diagnosed h…
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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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Jeremy D'Amico describes how his authentic trial voice transformed difficult facts into compelling narratives that yielded major verdicts: $45 million for a speeding Marine who wasn't wearing his motorcycle helmet and $23 million for an autistic boy injured in a school bus accident. In this conversation with hosts Ben Gideon and Rahul Ravipudi, he …
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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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“Occasionally, we will introduce our listeners to a new product that's designed to help trial lawyers do a better job for their clients and their practices,” host Ben Gideon explains as he kicks off this episode about Supio, legal AI for personal injury firms. To make the introduction, he and co-host Rahul Ravipudi turn to Ed Kirk, who is Supio’s h…
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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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“It is not easy to get substantial damage awards from Montana jurors,” says John Heenan of Billings-based Heenan & Cook. Yet conservative Montana jurors awarded $27.7 million in his negligence case against a private prison company. As he tells host Ben Gideon: “I love being in front of Montana juries, but I have developed a way…” Tune in for John’s…
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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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Medical records meticulously documented the routine endoscopy that went wrong, ending tragically in the patient’s death. But when Chris Nace and Samantha Peters took the case to trial, they were confronted with the defense’s slick, well-produced timeline of events – vastly different from what the record showed. With hosts Ben Gideon and Rahul Ravip…
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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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The jiu-jitsu club had a $1 million insurance policy, but when an instructor accidentally rendered a new student an incomplete quadriplegic, the carrier put its interest above their own insured’s – and paid the price. Rahul Ravipudi, who represented the victim, updates co-host Ben Gideon on the groundbreaking case. After the defendants refused to p…
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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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Elawvate’s “Build & Grow Your Law Firm” podcast devotes its third episode to EOS, or “entrepreneurial operating system.” Your guide is Megan Piper, a certified EOS implementer who coaches clients along their journey from “chaos to cohesion.” In this conversation with hosts Ben Gideon and Jeff Wright, she describes how law firms can leverage EOS to …
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Ken Suggs recalls the time when he “chickened out” rather than go ahead with his experiment that involved dropping a box of typewriting paper on a steel box to show the crash worthiness of a car. He lost that case. “I've got a phrase that I like to repeat to myself when I'm trying to make one of those decisions,” he says, “which is, ‘Drop the box. …
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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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Building a law firm and building a law firm designed for growth: Often mistaken. Very different. Tune in to the second episode of Elawvate’s “Build & Grow Your Law Firm” podcast to understand the difference. Your guides are Ben Gideon, founder of Gideon Asen, and the firm’s COO, Jeff Wright. They share their insights about leveraging existing probl…
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Described by host Ben Gideon as “the Brazilian jujitsu of trial lawyers,” Dennis Donnelly shares his insights from 44 years in practice. “I don't know about all of you, but I try a lot of cases, and usually somewhere in the trial, I tell myself, ‘This is why this happened,’” Dennis says, adding, “But it takes a while to get there.” In this conversa…
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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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For four years, you’ve tuned in to Elawvate, the podcast where “personal growth meets the practice of trial law.” Now, host Ben Gideon invites you to a special preview of Elawvate’s new “Build & Grow Your Law Firm” podcast, where you’ll learn the business of practicing law. Ben and co-host Jeff Wright, the COO of Gideon Asen, reflect on building th…
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When police officers intentionally falsify evidence to arrest someone they believe is guilty, it’s usually "an ends-justify-the-means approach," says Doug Lieb. He and trial partners David Lebowitz and Alyssa Isidoridy challenge that approach in their civil rights practice, recently winning $7.6 million for a client who spent 30 years wrongfully im…
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"It's not rocket science," says Brian McKeen about trial advocacy. His record-breaking verdicts may suggest otherwise. The Detroit med-mal virtuoso shares with hosts Ben Gideon and Rahul Ravipudi how he transformed from a sports-obsessed student into one of Michigan's powerhouse plaintiff attorneys. From a $130 million med mal judgment to a $96 mil…
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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 personal injury case, the plaintiff’s lawyer must rely on witnesses to perform. In a bad-faith case, their job is educating the jury about the rules that insurance companies must follow. That’s how Ricardo Echeverria describes the two areas of his practice at Shernoff Bidart Echeverria. With hosts Ben Gideon and Rahul Ravipudi, he explains tha…
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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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When FDA guidelines failed their client, trial partners Austin Dana and Karen Zahka flipped the script by arguing for clinical judgment, typically a defense position. Hospitalized with an epileptic seizure at age 13, their client was old enough to receive an adult dosage of an anti-seizure medication, according to the FDA – but she weighed only 61 …
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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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