Every trial is a bet, but how do you know when the risk is worth taking?

In this episode of Best Practices with Kenny Berger, trial lawyer Taylor Asen joins Kenny to talk about what it really means to “think in bets.” From using data and probability to assess case value, to hedging strategies like high-lows and partial settlements, Taylor breaks down how trial lawyers can balance risk, reward, and responsibility to their clients.

They discuss:

• Why expected value alone doesn’t tell the whole story
• How to align client risk tolerance with case strategy
• Using data and focus groups to guide decision-making
• Applying concepts from gambling and behavioral economics to trial work
• Why honest experts and strict case selection matter in medical malpractice

This conversation offers a framework for making smarter, more intentional decisions in high-stakes litigation.

Hosted by South Carolina Injury Attorney Kenny Berger 

Becoming an effective trial lawyer isn’t about natural talent - it’s about preparation, practice, and the mindset to keep improving. In this episode, truck crash attorney Tim Whiting joins host Kenny Berger to discuss what it really takes to become trial-ready: from the lessons learned after a tough loss to the daily habits that sharpen skill and quiet self-doubt.

They cover:

• Turning loss into lifelong commitment to trial practice
• Why consistent role-play, focus groups, and coaching matter
• Meditation and mindset as tools for performance
• Preparing every case as if it’s going to trial — not settlement

Whether you’re early in your career or years into practice, this episode is a reminder that trial skills are built, not born - and that growth begins outside your comfort zone.

In a Best Practices first, Kenny Berger is joined by two guests from different firms—trial lawyers Chris Finney (Finney Injury Law) and Joe Fried (Fried Goldberg). Together they dig into a simple idea: juries connect to what’s universally human - family, health, freedom, independence - and how to build your whole case around it.

You’ll hear about:

• How to use even limited voir dire to surface shared values and form a team
• How to frame the trial as a simple choice about valuing what matters
• Why authenticity and vulnerability drive credibility in the courtroom

Whether you’re weeks from trial or planning a focus group, this conversation offers a practical framework: speak to what matters to all of us, build the case around it, and let the verdict follow.

This week, former Army JAG and prosecutor Sharif Gray of RVA Trial Lawyers joins Kenny Berger to show why the most persuasive directs are facilitated stories, not scripted performances and how that mindset sharpens your redirect, too.

You’ll hear about:

• A simple setup for direct
• How to use one-page outlines and open-ended prompts that keep jurors engaged
• Smart witness sequencing (credibility first, client last) to reinforce your theme
• When to use redirect and when to sit down

If you want to achieve direct examinations that actually help tell the story, this one’s worth a listen. Press play and take a few ideas to court next week.

In this episode of Best Practices with Kenny Berger, trial lawyer Brian Snyder of Snyder Wenner in Arizona joins Kenny to explore how a well-crafted opening statement can shape the jury’s understanding—and the outcome—of your case.

Brian shares his approach to structuring an opening that frames the entire case, the importance of simplicity and credibility from the outset, and how to plant key ideas that will matter most in deliberations. From primacy to pacing, you’ll hear actionable insights on using story to shape how jurors receive evidence—and how to avoid common mistakes that can undermine your case before it truly begins.

Trial tech doesn’t have to be outsourced—or complicated. In this episode of Best Practices with Kenny Berger, trial attorney Jakob Norman shares how mastering your tech enhances your credibility, boosts flexibility, and supports visual storytelling that sticks with the jury.

From choosing the right tools to creating compelling visuals, Jakob breaks down practical strategies to help you take control of the narrative in the courtroom. 

In this episode:

• Why trial lawyers should run their own tech
• How to simplify and refine your slides
• Visual strategies that resonate with jurors
• Common pitfalls (and how to avoid them)
• What to test before trial day
• How to handle objections to demonstratives

Whether you're building your next deck or prepping for trial, this episode will leave you with a clearer vision—and more confidence—in your courtroom presentation strategy.

In this episode of Best Practices with Kenny Berger, medical malpractice trial lawyer Karen Zahka shares how true collaboration with expert witnesses can make or break your case.

From choosing the right expert to preparing them with case-specific materials, literature, and strategy, Karen explains why empowering experts—rather than micromanaging them—leads to stronger, more credible testimony. She also breaks down how to tailor your approach depending on the expert’s personality, professional background, and courtroom presence.

Whether you’re gearing up for your next med mal trial or refining your approach to expert prep, this episode delivers real-world insight on how to elevate expert testimony through trust, preparation, and alignment.

Rebuttal is one of the most high-pressure moments in trial - and also one of the most powerful.

In this episode, trial lawyer Brian Ward joins host Kenny Berger to break down how to deliver a clear, strategic, and emotionally resonant rebuttal. From knowing when to hold back in closing to anticipating defense arguments and reframing them with precision, Brian shares practical insights on how to structure rebuttal for maximum impact.

They also cover the emotional and human side of rebuttal—how to speak with authenticity, slow down when it matters most, and leave jurors with a sense of purpose heading into deliberations.

Whether you're working within tight time limits or looking to refine your structure, this episode is packed with tactical advice and storytelling strategies to help you close your case with confidence.

In this episode of Best Practices with Kenny Berger, trial lawyer Joseph Wilson joins Kenny to share how he approaches one of the most powerful moments in trial: the closing argument.

Joseph breaks down how voice, tone, and timing can amplify a closing—and why non-economic damages deserve the deepest preparation. From working with clients to understand what was truly taken from them, to helping jurors advocate for justice in deliberations, this episode is packed with strategies to make your closings more persuasive and impactful.

🎧 Now streaming on Apple Podcasts, Spotify, YouTube, and our website.

In this episode, attorney Kenny Berger sits down with trial lawyer Stephen Williamson to unpack the preparation and strategy behind a $117 million verdict.

Stephen shares how relentless pre-trial work—focus groups, recorded mock cross-examinations, psychodrama sessions, and sophisticated economic modeling—positioned the plaintiff for success long before trial even began.

If you're serious about sharpening your approach to trial prep, case framing, and client storytelling, this episode is packed with lessons you can apply to your next big case.

🎧 Now streaming on Apple Podcasts, Spotify, YouTube, and our website.