Best Practices with Kenny Berger

The more time lawyers spend managing systems, chasing documents, routing emails, and handling repetitive administrative tasks, the less time they have for the work that actually moves cases forward.

In this episode of Best Practices, Kenny Berger sits down with trial lawyer and inTrial co-founder Mark Wade to talk about what legal technology should actually do for a personal injury practice.

Mark shares how frustrations inside his own firm led to building inTrial Manage, a case management platform designed around the way PI lawyers actually work.

Their conversation goes beyond the product itself to explore how firms can:

• Eliminate unnecessary steps
• Reduce cognitive load
• Rethink inefficient workflows
• Use AI to quietly handle more of the administrative work happening behind the scenes

They also discuss:

• Why connected systems matter
• How to evaluate AI security
• When integrations are better than trying to force everything into one platform
• Why the best technology should ultimately give lawyers more time to prepare, think, meet with clients, and understand the human story

Kenny's firm uses inTrial Manage, but has no financial interest in the company. This conversation is not about selling software. It is about asking a bigger question:

Are the systems running your firm making it easier for you to do your best work?

For any personal injury lawyer looking to spend less time managing the work and more time doing the work that matters, this episode is worth a listen.

inTrial Manage: intrial.com

inTrial Social: social.intrial.com

When Valeri Malone first brought the case to Brian Ward, the insurance company maintained that only $100,000 was available.

But that was only the beginning of the problem.

Their client, Berkeley, had been abused at daycare when she was just 22 months old. She was too young to explain what had happened to her, there was little contemporaneous medical documentation of her injuries, and the carrier was relying on an abuse exclusion that Valerie and Brian believed conflicted with Texas law.

In this episode of Best Practices with Kenny Berger, Valeri and Brian break down how they developed the case, built the damages proof, and created leverage that ultimately led to a $1.2 million settlement during trial.

The conversation covers:

• Looking beyond the carrier’s stated coverage position and analyzing what the law may actually require
• Proving harm when a very young client cannot tell her own story
• Using play therapy and expert testimony to connect specific evidence to a PTSD diagnosis
• Deciding when and how to use emotionally powerful video without overplaying it
• Turning restrictive courtroom rulings into opportunities for more creative advocacy
• Choosing experts for credibility, clarity, and genuine investment in the case
• Building a settlement demand conservatively enough to withstand the other side’s strongest argument
• Creating a trial-team environment where collaboration can lead to better strategic decisions

The episode also explores what can happen when a case reveals a problem bigger than the lawsuit itself. Berkeley’s family is now advocating for legislation that would give parents greater access to video surveillance in daycare facilities, with the goal of preventing abuse before another family has to discover it after the fact.

This is a case study in finding leverage where the case initially appears limited, and using preparation, creativity, and judgment to expand what is possible for the client.

Most trial lawyers know how to celebrate a win.

Monte Tynes has spent just as much time thinking about what to do after a loss.

After a defense verdict in a birth injury case, Monte and his team developed a 20-part root cause analysis of the loss, reviewing the case from intake through trial to identify what went wrong, what could have been prevented, and what needed to change before the next case.

In this episode of Best Practices with Kenny Berger, Monte shares how that process has changed the way his firm evaluates, prepares, and tries cases.

The conversation covers:

• Using focus groups and jury research early enough to uncover weaknesses you can still address
• Vetting experts and their opinions before those decisions become difficult to undo
• Planning the visual presentation of a case long before trial
• Turning lessons from losses into checklists, workflows, and better systems
• Using data to distinguish a difficult case from a poor performance
• Staying with clients after a disappointing verdict
• Separating your self-worth from the outcome and focusing on the process you can control
• Using AI and technology to strengthen case preparation without replacing legal judgment

Several firms passed on the case. The physical injuries were relatively minor. There was little medical treatment, a significant preexisting trauma history, and no plaintiff expert willing to connect the incident to a specific medical outcome.

Then a focus group saw something different.

In this episode of Best Practices with Kenny Berger, Virginia trial lawyer Sharif Gray breaks down the $20 million verdict his team obtained for a child who was mistreated at a residential psychiatric facility. The case became a lesson in looking beyond traditional measures of damages and identifying the universal human values that were actually taken: trust, dignity, and hope.

Sharif also shares the practical trial decisions that shaped the case, including how his team:

• Used focus groups to recognize value they had not fully appreciated
• Framed the case around community expectations, betrayal of trust, and universal human values
• Proved damages through lay testimony without a supporting plaintiff expert
• Used defense experts and witnesses to strengthen their own case
• Leveraged missing evidence without creating an unnecessary appellate issue
• Used a collaborative trial team to simplify and strengthen the presentation

The result is a conversation about more than a $20 million verdict. It is about learning to see the value others miss, understanding what was truly taken from the client, and building the case around that loss. 

Every case that reaches trial has problems. The question is what you do with them.

In this episode of Best Practices with Kenny Berger, trial lawyer Russell Pate breaks down the strategy behind a $7 million premises liability verdict and the difficult facts that made the case anything but straightforward.

Russell shares how he confronted weaknesses instead of avoiding them, built the case around a clear safety principle, and found compelling ways to prove damages even when the traditional evidence was not there.

Kenny and Russell also discuss how a client’s remarkable recovery can become part of the damages story, where to look when family and friends are not available as before-and-after witnesses, how to protect clients from unnecessarily difficult testimony, and why simplifying the jury’s job can be more persuasive than trying to answer every possible question.

The conversation goes beyond one verdict to explore the judgment that develops through actually trying cases: responding when unexpected evidence surfaces, learning from losses, trusting jurors, and continuing to refine your approach with every trial.

In this episode:

• How to identify the central issue in a case with difficult facts
• Why safety standards should evolve as knowledge and technology improve
• How to address weaknesses without allowing them to define the case
• Why a strong recovery does not erase the significance of a serious injury
• Finding powerful before-and-after witnesses beyond family and friends
• Protecting the client while still presenting difficult future damages evidence
• Simplifying the jury’s decision-making process
• Developing trial judgment through repetition, experience, and even loss

For trial lawyers, the lesson is not to wait for the perfect case. It is to learn how to see, prepare, and try the case you actually have.

Most lawyers build damages by documenting what their client earned. Andrew Robb explains how to build damages by proving what your client still could have become.

In the 100th episode of Best Practices with Kenny Berger, Andrew shares the framework his firm has developed through decades of catastrophic aviation litigation to uncover, develop, and present damages that many lawyers never think to pursue. Rather than stopping with employment records and economic projections, he explains how to investigate a client's ambitions, opportunities, relationships, and future potential to paint a more complete picture of what was truly taken.

What You'll Learn

Andrew shares practical strategies for:

• Developing stronger economic damages by proving future potential, not just past earnings.
• Investigating the people, experiences, and evidence that reveal your client's unrealized future.
• Using powerful liability evidence to maximize compensatory damages instead of relying on punitive damages.
• Building credibility with jurors by presenting realistic damages models and giving them meaningful choices.
• Conducting root cause analysis to identify the specific failure that caused a catastrophic event.
• Presenting emotional damages in a way that earns trust instead of creating juror resistance.

The Bigger Lesson

The conversation goes far beyond aviation.

Andrew explains why the most valuable catastrophic cases are often built by asking better questions, looking deeper into your client's story, and making strategic decisions that maximize what your client can actually recover—not simply what a jury might award.

Whether you're handling a wrongful death case, a trucking collision, medical malpractice, or any other catastrophic injury claim, this episode offers practical ideas for developing stronger damages evidence, making more thoughtful litigation decisions, and ultimately achieving better outcomes for your clients.

Trying cases in conservative venues requires more than adjusting your presentation.

It requires better judgment.

In this episode of Best Practices with Kenny Berger, Kenny sits down with veteran trial lawyer Michael Goldberg of Fried Goldberg to discuss the practical decisions that shape successful trial strategy long before a jury begins deliberating. Drawing on decades of experience trying cases across the Southeast, Michael explains how to evaluate a venue, determine what a case is truly worth, and build the credibility that allows jurors to trust both you and your client.

What You'll Learn
Michael shares practical strategies for:

• Evaluating whether a venue is actually conservative instead of relying on reputation.
• Determining case value based on venue demographics, jury history, and local insight.
• Building credibility from opening statement through closing argument.
• Simplifying witness testimony and eliminating unnecessary evidence.
• Asking for significant damages with confidence while maintaining credibility.
• Helping jurors reach the right conclusion without over-arguing your case.
• Presenting a more efficient trial that respects jurors' time and attention.

The Bigger Lesson
This conversation goes beyond trial tactics.

Michael explains why great trial lawyers don't overwhelm jurors with information. They earn trust by keeping their promises, presenting only what matters, and giving jurors the confidence to reach the right conclusion on their own.

Whether you're preparing for trial in a conservative venue or simply looking to become a more disciplined and persuasive advocate, this episode offers practical lessons that can strengthen the way you prepare every case.

In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Przemek Lubecki for a conversation about the mental side of trial work and why preparation alone is not enough to perform at your best in the courtroom.

Drawing on lessons from sports psychology and years of trial experience, Przemek explains how confidence, self-image, and repetition influence a lawyer's ability to execute under pressure. He shares practical insights on developing the mindset of a high-performing trial lawyer, building confidence through deliberate practice, and staying present when the stakes are highest.

The conversation also explores why great trial lawyers are driven by a passion for the process, how small improvements compound over time, and what it takes to consistently perform when it matters most.

This episode is a practical look at the habits and mindset that help trial lawyers bridge the gap between preparation and performance.

In this episode, they discuss:

• How confidence and self-image influence trial performance
• Practical ways to prepare for high-pressure courtroom moments
• Why repetition and deliberate practice create better advocates
• Lessons from sports psychology that apply to trial work
• Developing a passion for the process of becoming a better trial lawyer

In this episode of Best Practices with Kenny Berger, Kenny sits down with Savannah trial lawyer Zach Sprouse to break down the trial strategies that helped turn a $180,000 pretrial offer into a $4.95 million verdict.

The conversation follows the case from jury selection through closing argument, exploring the series of decisions that shaped the outcome. Zach shares how he approached difficult facts, developed themes during voir dire, structured his order of proof, and worked to build credibility with jurors from the very beginning of trial.

This episode is a practical look at how thoughtful trial strategy, careful preparation, and a commitment to credibility can influence the outcome of a case long before the jury begins deliberating.

In this episode, they discuss:

• Using voir dire to introduce themes that carry through trial
• Addressing difficult facts before the defense can use them
• Structuring witness order to strengthen credibility and storytelling
• Presenting damages in a way jurors can understand and embrace
• Building trust with jurors through honesty, preparation, and consistency

In this episode of Best Practices with Kenny Berger, Kenny sits down with Denver trial attorney Kurt Zaner for a conversation about one of the most overlooked skills in trial practice: persuasive writing.

Kurt explains why every brief, motion, and filing is an opportunity to shape the story of the case long before trial begins. From understanding your audience to simplifying complex issues, he shares practical strategies for writing in a way that informs, persuades, and builds credibility with the court.

The conversation also explores how strong legal writing supports stronger trial advocacy, helping lawyers develop themes, preserve key issues, and create a foundation for success before ever stepping into the courtroom.

This episode is a practical look at how better writing can become a competitive advantage for any trial lawyer.

In this episode, they discuss:

• Writing with the reader in mind and understanding your true audience
• Simplifying complex legal issues without sacrificing substance
• Using motions and briefs to reinforce your case theme early
• Building credibility through clear, persuasive writing
• How effective legal writing strengthens trial strategy from the outset