Best Practices with Kenny Berger

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.

Attorney Kenny Berger is joined by Las Vegas trial lawyer, Christian Morris, to discuss mastering cross-examination of defense experts in trial. Christian dives deep into the strategies that have helped her effectively dismantle expert testimony and secure justice for her clients. 

From thorough preparation to dynamic in-court tactics, Christian reveals the importance of:

• Researching an expert’s background and the literature they rely on, 
• Using visuals to clarify and contrast opinions, and 
• Staying flexible during cross-examination.

Whether you’re a seasoned attorney or just starting out, this episode offers a wealth of knowledge that can elevate your courtroom practice to new heights. Tune in to learn how to turn expert cross-examination into a powerful tool in your legal arsenal.

Kenny Berger is joined this week by attorney Steve Williamson, a New York trial attorney, who recently achieved a $10 million verdict in a slip and fall case where his client had several pre-existing conditions. Steve shares how he built credibility with the jury to achieve this incredible result by:

• Embracing and fully disclosing weaknesses/challenges in his case upfront
• Taking a reasonable stance on comparative fault
• Using the defense's own evidence to construct his narrative
• Thoroughly covering the plaintiff's pre-existing conditions to prevent the defense from exploiting them

A good case often starts with a bad defendant and a worthy plaintiff. Attorney Steven Debosier of Dudley Debosier in Louisiana joins Kenny this week to discuss finding the villain in your case. 

In this episode, you'll hear about how to:

• Focus on finding the "villain" in the case - the party truly responsible for the harm
• Connect the damages directly to the defendant's conduct through visuals and reminders
• Avoid getting bogged down defending against the defense's arguments - persuade the jury
• Use focus groups to identify the key issues that will resonate with jurors

Kenny Berger is joined by attorney Mike Alder of AlderLaw in Los Angeles to discuss taking action quickly in your cases to maximize case value and build a reputation that yields results for years to come. 

In this episode, they'll cover: 

• Understanding how the defense views cases
• When to take depositions to secure better offers and quicker substantial settlements
• What to send before a mediation and when
• Building a reputation by consistently being proactive in your cases