In this episode of Best Practices with Kenny Berger, trial lawyer Stuart Ratzan shares how smart case selection can shape not only your docket—but your impact.

Stuart dives into what makes a case truly worth taking, from identifying systemic issues to using focus groups as a tool for evaluating jury resonance and refining trial strategy. 

You’ll learn how to:

• Spot cases that highlight systemic failures
• Use focus groups to test liability, narrative, and damages
• Avoid cases that lack clarity, consensus, or emotional weight

Whether you're evaluating your next case or rethinking your intake criteria, this episode offers practical, values-driven guidance on choosing cases that matter—to juries and the community.

🎧 Available now on Apple Podcasts, Spotify, YouTube, and our website.

In the Season 5 premiere of Best Practices with Kenny Berger, attorney Nick Rowley joins Kenny Berger to share the strategy and storytelling behind his $37 million verdict in a high-stakes trial.

Nick dives into how cross-examination can be used to advance your case—not just tear down a witness. He discusses how to adjust your tone, pace, and pressure depending on jury feedback, and why sometimes the smartest move is stepping back to let co-counsel take the next witness.

From turning defense experts into plaintiff witnesses to delivering a closing argument that reframed non-economic damages as fundamental rights, Nick breaks down what it means to be both aggressive and adaptive in the courtroom.

The episode also explores the value of deep client relationships, trial team collaboration, and how preparation wins cases.

In the final episode of Season 4 of Best Practices with Kenny Berger, attorney Alan Hamilton of Shiver Hamilton Campbell dives into the strategies required to identify additional claims in catastrophic auto cases, proving that success often lies in looking beyond the obvious defendants and digging deeper into the facts.

Listeners will learn how to uncover hidden avenues of liability, from vehicle defects and maintenance failures to construction zone conditions and DOT oversights. Alan highlights the importance of thorough investigations, including crash reconstructions, maintenance history reviews, expert analysis, and more to establish causation in challenging cases and build stronger, more successful claims. 

If you’re a trial lawyer handling catastrophic cases, this episode will give you actionable strategies to uncover the full scope of liability and maximize your client’s recovery. 

In this episode of Best Practices with Kenny Berger, renowned trial attorney Zoe Littlepage shares her expertise on the power of visual storytelling in the courtroom. Zoe highlights how effective visuals can engage modern jurors and how meticulous preparation can make or break a trial presentation.

Zoe explains how to use visuals strategically throughout a trial, from opening statements to closing arguments, and even in cross-examinations. You'll also learn how specific techniques can enhance your presentation and keep jurors focused.

Whether you're looking to sharpen your trial skills or completely revamp your approach to courtroom presentations, this episode is packed with practical advice that will elevate your practice. Tune in to learn how to harness the magic of preparation and the impact of visual storytelling to connect with jurors and win cases.

In this episode of Best Practices with Kenny Berger, we’re joined by Dan Ambrose, founder of Trial Lawyers University (TLU), to discuss the techniques and strategies that make cross-examination highly effective. 

Listeners will discover key cross-examination skills such as looping, pacing, and glance control. Dan also explains how strategic use of visual aids can reinforce key points and how eliminating filler words boosts clarity and confidence during trial.

Beyond techniques, Dan highlights the importance of preparation, intentional practice, and building confidence through repeated success. 

This episode is packed with actionable advice for trial lawyers looking to elevate their skills and connect with juries more effectively during cross-examination. 

In this episode of Best Practices with Kenny Berger, we are joined by Dr. Dawn Sheehan, a clinical and forensic psychologist, to discuss the role of trauma-informed practices in the legal field. Dr. Sheehan shares her expertise on understanding and supporting clients affected by trauma and PTSD, offering valuable insights for attorneys who want to approach these cases with sensitivity and effectiveness.

Dr. Sheehan breaks down the impact that trauma and PTSD can have on clients’ lives, including how it affects their behavior, relationships, and ability to participate in legal proceedings. For presenting trauma-related damages, Dr. Sheehan explains strategies such as using expert testimony, collateral information, and even psychodrama techniques to help convey the full scope of a client’s experience.

Tune in to learn how a trauma-informed approach can enhance your legal practice and better serve clients facing PTSD.

Trial lawyer Tom Grillo joins host Kenny Berger to share his insights on one of the most crucial aspects of trial work: jury selection. Tom offers real-world advice on how to build authentic relationships with jurors, address tough case facts head-on, and remain genuine during the entire process.

Listeners will learn: 

• Why it’s essential to allow jurors to speak openly, even about sensitive topics
• How to create a trusting atmosphere and shape a more impartial panel
• How personal connections can sometimes outweigh conventional strategies

Tune in to hear how honesty, preparation, and empathy can lead to a winning trial team and stronger connections with your jury.

In this episode of Best Practices with Kenny Berger, trial attorney David Holt of Smith Law Center in Hampton, VA, joins us to share the story behind his $10 million verdict in a traumatic brain injury (TBI) case in Muskogee, Oklahoma.

Holt's client, a factory worker, sustained a mild TBI after a factory explosion at a Georgia Pacific plant. Despite no visible imaging evidence, Holt masterfully focused on telling the human story—highlighting the profound impact the injury had on his client’s life. Over the course of the 8-week trial, he balanced medical facts with compelling testimony from witnesses, including physical therapists, and emphasized the client’s lost experiences as a grandparent.

This episode offers valuable takeaways on:

• jury engagement
• damages presentation, and 
• the power of humanizing your client’s story. 

Don't miss out on the strategies that helped Holt secure one of the largest brain injury verdicts in the county's history.

In this episode of Best Practices with Kenny Berger, we sit down with Keith Bruno of Bruno Nalu and Trial Lawyers for Justice to explore the journey behind his record-setting $857 million verdict against Monsanto. Keith opens up about the intense preparation, strategic adjustments, and teamwork that were crucial to achieving this monumental outcome in a challenging PCB exposure case involving a Seattle school.

In this episode, you will gain insight into:

• How Keith adjusted his typically aggressive trial style to better connect with the Seattle jury
• The importance of a team-oriented approach, with clear roles and mutual support, to tackle complex scientific and medical information with confidence
• How respecting the jury's intelligence and focusing on delivering clear information played a pivotal role in their success.

This episode dives deep into the mindset and methods required to handle high-stakes litigation, revealing the lessons Keith has carried forward into his practice. 

Tune in to hear how this landmark case has reshaped Keith’s approach to law and set a new standard for excellence in the courtroom.

In this episode of Best Practices with Kenny Berger, Kenny is joined by seasoned mediator Marc Harwell to dive into mastering mediation from the mediator’s perspective. With over 35 years of experience in civil defense and a dedicated focus on mediation since 2014, Marc shares insights into what it takes to achieve successful outcomes in complex cases, including:

• Effective communication well in advance with your adversary, mediator, and client
• Maintaining credibility and being a voice of reason throughout negotiations 
• Listening and arming the mediator with information/narratives
• Focusing on issue resolution rather than just number exchanges

This episode is packed with practical advice on how to prepare, start, and work through negotiations, as well as techniques for breaking impasses and sealing the deal. Tune in to learn how to elevate your mediation practice and gain fresh perspectives on achieving successful resolutions.