Courtroom Stories & Tactics

A $30,000 offer from Geico. A $400,000 jury verdict. All coming after a client who gave what Jesse Baez calls the, "worst deposition ever!"

Trial lawyer Jesse Baez tells the story of the case that became not only a tremendous learning experience, but the genesis of his very firm. From their backs against the wall to a remarkably successful conclusion, there are inspiring lessons throughout.

A key theme of our conversation today is the importance of having a strong team, each member drawing on their strengths, to reach successful outcomes in cases. Most lawyers have...

We’ve talked about it before on the podcast (and it will surely come up again): you have to look after your health and wellbeing if you want to succeed long term as a trial lawyer. 

We all know how easy it is to work the long hours, put in that extra push to midnight after the kids are in bed, neglect sleep and exercise, and let our work become all-consuming. And that’s not including the temptations of bad diet and alcohol that constantly surround us. 

Longevity medicine is the study of health as a long...

Michael Karp's law practice changed when they started leaning heavily into using focus groups.

The reason was pretty obvious: focus group testing brought an otherwise iffy slip-and-fall case to a $12 million verdict. But it's the process of watching that unfold that for Mike became so fascinating. 

Witnessing the participants bring forth angles and perspectives that he and his firm hadn't thought of, or had seen from a completely different viewpoint, altered how they ended up presenting their case.

It's like watching the thing that all lawyers crave: a behind closed d...

What if you were confident that a $350K settlement could become a $9 million verdict, because you could predict that number before the trial?

Connecticut trial lawyer Andrew Garza reveals how big data turned a difficult premises liability case into the largest verdict ever seen in that courthouse - and why most plaintiff lawyers are still leaving money on the table.

Andrew breaks down what “big data” actually is, how it differs from traditional focus groups, and why it gave his team the confidence to try a contested case that many firms woul...

There are times when contributory negligence laws can become a gift to the plaintiff.

You need to recognize the signs and, of course, have a strong case, but if the facts are there, the defense's own arguments can help shape your win.

Ben Rand's firm recently took on a trip & fall case in Virginia that, on the surface, had strong facts, yet was a certainty to run headlong into Virginia's contributory negligence laws. In Virginia, this means that if it can be demonstrated that the plaintiff was even 1% responsible for...

Isn't it remarkable how there are certain types of cases that necessitate entire practice areas in law? Inevitably, these are cases that involve some mixture of abuse, neglect, exploitation, or all of the above. And sadly, nursing home abuse is one of these areas.

When Kristen Lojewski happened into this field in 2021, she recognized that as much as she had been personally impacted by such a case, she could use that emotion to deeply understand and empathize with her clients' situations and indignation. 

Repeated falls often go ignored until a resident s...

David Holt had put in the years of hard, emotional work pursuing justice and accountability as a state prosecutor in Hampton, Virginia, litigating hundreds of jury trials. He was involved in multiple complex murder and gang-related cases, putting criminals in jail in cases that could take years.

And so when the offer came to join a personal injury law firm, it represented a major shift from not just the work but the life he had been living. Long days, unpredictable schedule, lots of travel and stress. Rewarding work, with deep impacts on the community and...

A reluctant witness, a freezing 3 a.m. wake-up, and one parking-lot conversation that saved a client $9.5 million: this episode shows why the right investigator can change the entire outcome of a case.

Sally Tierney is a professional investigator, working with law firms to uncover facts, evidence, answers and the stories behind the case. It's thrilling and fascinating work, all the more so when you learn about Sally's motivation for becoming a professional investigator in the first place. That painful experience led to a complete 180 career change, out of left field, and she tells...

It's harder to overcome making a bad first impression to a jury than it is to argue against an inaccurate police report.

Why are first impressions and opening statements so important? 

Because once people make up their mind, you're no longer just asking them to look a different way.  You're now asking them to look at their former self and say, "Hey, you actually got it wrong."

Jim Neale faced a challenging case where a police report on a fatal car collision included four witness testimonies, all of whom said they wit...

The moment you realize that you don't love where you are, you're already one foot out the door to a better life.

Matthew Mikula had just gotten married, and was straight back to work at Big Law. Immediately the warning signs were there: "Is this where you want to be indefinitely? Once you start having a family? Maybe for the rest of your life?" 

Because risk becomes more challenging as life becomes more complex.

Matt joins us to talk about the decision he made to step away from that particular path, t...

You don't have to fit the norm of what people expect a law student to be.

Portia Koptish had a long career in nursing before deciding, after the turmoil of Covid-19, to transition to a completely new career in law. She went back to school for the first time in 25 years, but with decades of life experience behind her.

She is here today to share this unique perspective on law education and the legal profession, an inspiring story that reminds us that, for all intents and purposes, it's never too late to pursue...

Amy Bradley will be the first to tell you that good storytelling is an art.

Now a Principal at Blankenship & Keith in Fairfax, Virginia, Amy's education and career in fact started in journalism. Following leads, doing the interviews, compiling research and then editing it all together to tell a compelling story for the nightly news.

And as more and more of her stories featured legal cases and watching trial lawyers, she realized that a new calling was beckoning, one where she could apply her distinct skills towards shaping and presenting an argument.

Starting a better health journey now is more important than waiting for the perfect time.

Our recent series of episodes have focused on themes of health, wellness, work-life balance, confronting stress, and building an intentional career as a lawyer where your work doesn't consume your life.

But how do you know where to start? Where do you begin measuring and understanding what steps to take? What gets you even in that door in the first place?

Our guests today operate MetaFitRx, a specialty lab that tests, tracks & transforms your health. Melissa...

Has your firm discussed the importance of wellness initiatives and mental health?

It's a subject that is slowly becoming less taboo, but there is a lot of work that remains to be done. Especially in the legal profession. We still operate in an environment where it's common to have a bar in your office, to keep mental health challenges under wraps, to work as much as humanly possible, and to simply expect that you'll have burnout and stress. 

"It comes with the job."

But it doesn't have to.

Practicing l...

Why are states so bad at lethal injection?

There are the moral arguments and debates on capital punishment itself, its effectiveness in deterrence and the ethics of state-sanctioned executions.

But interwoven into those debates are the methods of capital punishment, particularly lethal injection. What has long been presented as a clean, non-violent process has in fact proven to be the opposite.

Professor Corinna Lain of the University of Richmond School of Law has written a critical analysis, after seven years of research and first-hand documentation, called "Secrets of the Killing State...

You can't rank for what doesn't exist.

The world of online marketing can seem overwhelming, complicated and exploitive: as lawyers, we know that we're targets for agencies and consultants who see our profession and think $$$.

Nevertheless, digital marketing is an area you can't ignore. Fortunately, it's also one where you can hit the ground running and quickly start punching above your weight.

But you have to get started.

Kelly Gordon is founder & CEO of Dapper Codes, a digital marketing strategy firm. She joins us today to give us direction...

Today's episode is part of our effort to put a broader perspective on the work and life of trial lawyers: it's not just about the case, the training and the preparation. It's also about your health, your stamina, work/life balance and your mental strength.

Sam Johnston is a fitness coach and former college hockey player, who has become an expert in understanding nutrition, fitness and balance. Sam will be the first to tell you that it is not any one catch-all solution, or latest trend, that will make a difference to your health and...

If working in Civil Law, and representing victims of crime, is something you do, or aspire to do, it is crucially important to recognize why this work is so important, yet also so specialized.

This is delicate work, and understanding the psychology of trauma will determine how you interact with, and represent, your client.

Renée Williams is the CEO of the National Center for Victims of Crime, the nation’s leading resource and advocacy organization for victims of all types of crime, and for the people who serve them. 

Renée's o...

In just one year, Damon Hudson launched his personal injury firm in New Mexico and grew from 20 cases to over 70, a testament not just to results, but to his connection with his clients.

There was one case however that stood out, a trip-and-fall case, where the client in question believed so deeply in her case, she had filed a pro se claim herself at state court.

The case then got moved to federal court, she met with the defense, and was met with a very low ball offer. 

At this point, she knew t...

How would you approach arguing a personal injury case where there is very little visible damage, there are pre-existing conditions for the client, and a lot of difficulties in gathering evidence? 

In fact, would you take such a case in the first place?

Our firm Gray Broughton was approached with this challenging car crash case, and despite the long odds, we knew there was an opportunity to get a successful result.

But it would take a lot of adaptability and flexibility, drawing from the skills and experience we have accumulated over years of t...

The defense asks you a seemingly innocuous question, and it's tempting to assume that whatever their angle is, it's probably nothing. 

Elliott Buckner learned the hard way that even the most mundane motion can cause major headaches to your case, especially in the hands of a crafty defense lawyer. 

If it's not setting off alarm bells, look again. Ask for a second opinion. Ask your friends on the defense bar for their opinion. You can, and should, be collegial with other lawyers, but at the end of the day, we're all here to do the be...

Clients getting hurt for the first time in a significant way often don't know where to go, not just for legal advice but for medical advice. 

Not only does it impact their health and their recovery, but it impacts the strength of their case. Without the right medical treatment, without the right supporting doctors and experts, insurance companies just don't take the claims as seriously.

Because at the end of the day, they're looking at our clients, and they're not necessarily seeing them as people, but as numbers on a spreadsheet.

How can a...

How do you set the value for a case?

Are you holding your case back from getting what it's really worth? And who makes that determination?

Robert Hirschhorn's advice: "Don't put caps on yourself. You want to choose the biggest number that you could ever imagine a jury would award [in a case such as yours], and whatever that number is, multiply it times two."

But to be successful, you need to get the jury to sympathize. You need to justify the villainization of the defendant. You need to anchor your...

Over two and a half years ago, our firm was approached by a father in Winchester, VA, with a case that had been rejected by at least three other law firms. 

We knew it would be a very challenging case, with very limited evidence. It was not a "typical" case with clear-cut medical or economic damages. Others would ask us over time why we said yes to taking it on, despite the odds and obstacles.

The short answer, of course, is because it was the right thing to do.

But beyond that, we m...

You are the most powerful person you know.

Whether you're a trial lawyer, working in corporate America, or in any walk of life, nothing can change this simple fact.

You have the ability to make the choices and decisions that are healthy and positive, for you and those around you.

And yes, these are real choices. They may be challenging, they may shake things up, but there's a reason why you're considering them in the first place: career purpose and fulfillment is likely missing.

Jenn Cloutier has been down...

For years, you've been building your law career: head down, focused, years of commitment and perseverance.

But are you sure you're where you need to be?

Perhaps you know already: 'This is the best place, the best people and the best work for me, right now.' Which is a wonderful feeling, and something we're all striving for.

But if you find yourself trying to fit in, to stay true to yourself and your values, to find more meaning in law work, you're not alone.

Glenn Katon experienced this...

Losing a trial case can feel like a crushing gut punch, an emotional hit, burdened with the weight of disappointing your client. It stings, and it's hard to shake off.

You can't control the outcome, but you can control your reaction to it.

Matt Nakajima is an accomplished trial lawyer who has secured more than forty verdicts and settlements of $1 million or more. Since 2025 alone, he has recovered over $100 million for his clients.

Several of these cases have resulted in nationwide safety changes, particularly in corporate negligence and trucking collision cases - helping...

How would the FBI approach jury selection?

Imagine applying these same tools and trainings to your own jury selection and investigations, and having the ability to uncover evidence that changes the outcome of cases.

Jim Melia is a retired FBI special agent turned professional investigator, here in Richmond, VA. Today he shares his insight into the skills required for effective interviewing, how to build rapport with someone, and why anything from empathy to confession comes from building a human connection.

You can't just launch into a pointed question that puts someone, a complete...

Civil Defense Lawyer Jason Boone shares his personal experience of making sure he maintains the right work/life balance for him and his family.

In a conversation of frankness and authenticity, Jason talks about how lawyers of all stripes can, and should, find a balance that works for them.

There are the years when you need to put in the time to learn the profession, and get the reps. But then there's knowing when and how to scale that back, to ensure you have more balance to your time, and become an even better lawyer...

Virginia's appellate landscape changed a lot in 2022, to where, similar to many other states, virtually everyone has an automatic right to go to the Court of Appeals.

Yes, it can feel complicated and overwhelming. But the appellate process is a vital part of the legal system that deserves attention from trial lawyers. If you have a client who desperately wants to appeal, or the other side is not happy and wants to appeal, you need to be prepared for this process.

Today's conversation guides you through the steps of trial to appeal, with an expert...

When is being "reasonable," patient and compromising in fact just a strategy of the other side to delay, frustrate and ultimately to avoid trial?

We should be respectful. We should be professional. But at no point should we ever compromise the duty to our client for the sake of getting along.

Samantha Cohn talks about the moral and ethical motivations behind her career shift to becoming a personal injury lawyer, her techniques for being assertive in the court room, and not rolling over to somebody else's demands and expectations. 

Of recognizing when 'Be r...

Dog bite cases are rarely about just one victim—they’re about public safety, accountability, and preventing the next attack. 

"You have to show that this could happen to pretty much anyone. This could happen anytime, anywhere. You have to get the jury's mind ticking, and get them to see that it's not just that person who got bit on the face, it's anybody."

Ashley Strandjord describes her approach to prosecuting dog attacks, and other personal injury cases, demonstrating their impact on individuals, communities and societies. Through her work, Ashley helps victims harmed by ne...

You've completed law school, taken the bar exam, have built a network of contacts and are ready to start practicing. 

And then, your entire law school's results are thrown out. 

You're faced with the choice: walk away completely for a new career, or go back to law school and do it all over again.

"I graduated the first time, took the bar, and I had to ask myself then before I was even a licensed lawyer, will I do it all again?"

Rodd Santomauro joins us to share his co...

If you want more high-value cases without giving more money to Google, this episode is for you.

"Understanding referral generation is crucial for business growth, and a law practice must be a business first. "

Today we look at the importance of referrals in law firms, focusing on who is responsible for generating these referrals and how to effectively manage this process. 

In keeping with this theme, please share this episode with your colleagues and network, to make sure that they can benefit from this information as well.

Erica Caviness i...

If you want to learn how to live a full, sustainable life as a lawyer, this episode is for you. Matt Long breaks down how to build a healthy firm culture, communicate effectively, and avoid burnout as a lawyer.

Please consider sharing this episode with someone who could benefit from it.

Matt is the President of Bowen Ten Long & Bal in Richmond, Virginia. Over his 17+ year career, he has led with a simple philosophy: protect your people, communicate openly, and never let the profession consume your entire life. His open-door style has created a positive...

"It gives me so much purpose and meaning: we are helping educate people in a place where they don't know anything. And they need the help."

Michele Lewane is runs the Injured Workers Law Firm in Richmond, VA, which since 2006 has been advocating to get the benefits injured workers deserve for their worker's compensation claims.

Worker's compensation is a complex and bureaucratic field that requires tremendous expertise and preparation to navigate. Michele guides us through the intricate details, from initial injury reporting to hearings and litigation. She talks about the challenges faced by...

"What helps motivate us in part is institutional or organizational betrayal: where the bond between the institution and the person is strong, but there's a big power differential due to the size and strength of the institution." - Peter Everett

Peter Everett and Barkley Horn from Blankenship & Keith joined us to talk about their firm's approach to personal injury law. They focus on catastrophic injury cases with a particular focus on representing survivors of violent crimes.

Their cases can often be brought down to the question of institutional betrayal, where trusted organizations fail...

AI is not perfect yet, you still have to babysit it, but it's scary. Because two years ago I used AI and thought, "Well that was kind of like using a high school senior." Now when I'm using AI, it's like, "I'm using a second year associate."

Penn Crawford joined us for a wide-ranging discussion. We talked about the realities of running a small, boutique law firm and what makes firms of this size effective for the people they represent. We also discussed the growing role of AI in legal practice — how it’s changing rese...

"My thought when I go into a courtroom, and I feel this way throughout the trial, is I just am welcoming people into my house. I go in, I talk to my jury, I make eye contact with them, and I try to talk to them the way that I would talk to anybody: a clerk at the grocery store or you guys - us sitting in this room doing this podcast. "

The way we interact with a jury, particularly in voir dire, sets the tone for the trial and can make or break the...

"The community at the time was just furious with me for charging any of the counter-protestors with anything. And I was very sympathetic to the ideology of the counter-protestors, and was mortified by some of the viewpoints of the alt-right individuals. But I said, 'I have to prosecute conduct, not content,' and if you start picking sides, that's a scary thing."

Joe Platania, the Commonwealth’s Attorney for Charlottesville, joined us for a candid conversation about what it truly means to serve as a prosecutor. 

From starting as a public defender to lea...