"Has anyone here suffered profound grief?" Randi McGinn began asking jurors that question, particularly in wrongful death cases, after she suffered a personal loss. “It made me realize that people who've experienced that would be wonderful jurors,” she tells hosts Harry Plotkin and Dan Kramer. As she explains, savvy plaintiffs’ lawyers should identify jurors who have experienced grief and who can share their experience with other jurors. The first female president of the Inner Circle of Advocates, founding partner of McGinn Montoya Love Curry & Sievers, and author of “Changing Laws Saving Lives,” Randi reveals this and other jury selection strategies that have helped her secure nine-figure verdicts.

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Twenty minutes to voir dire 35 jurors? “Hey, what’s your favorite ice cream? OK; I ran out of time.” That’s how host and jury consultant Harry Plotkin describes the challenging scenario – one of his favorite things to teach because “it can be done.” Host Dan Kramer, who soon goes to trial with Harry under these very rules, guides this discussion about how it can be done. Harry explains how he prioritizes individual questions over group questions to ensure that every juror is heard rather than focusing solely on cause challenges. He also outlines the top two or three questions he’d ask, depending on the type of case, and tips for spotting an “angry juror.” 

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Is this you before voir dire: “You're nervous, you've got a million things on your mind, you've lost 14 motions you wanted to win, and now you've got to question these people to find out who's going to kill you.” That’s the scenario that many lawyers find themselves in, suggests influential trial consultant David Ball, whose groundbreaking books like "David Ball on Damages 3" revolutionized plaintiff advocacy. In this conversation with hosts Harry Plotkin and Dan Kramer, David shares his strategies for putting aside fear and instead embracing “the privilege that you should enjoy having.” Tune in for his insights about why lawyers should practice before jury selection, how connecting with jurors on a human level puts you “ahead of the game,” and what the all-purpose follow-up question – "tell me about that" – reveals about jurors.

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From Ibiere Seck's approach to making jurors feel valued, to Steve Vartazarian's mantra to “choose topics wisely,” to Gary Dordick's strategy for timing bias discussions, this episode of “Picking Justice” compiles the best moments from the podcast’s first 12 episodes. In addition to their wisdom, tune in for insights from Lourdes DeArmas, Ricardo Echeverria, Joe Fried, Arash Homampour, Khail Parris, Claire Plotkin, Bob Simon and the hosts themselves: Harry Plotkin and Dan Kramer. And come back for future episodes with conversations that could change your next verdict.

☑️ Ibiere Seck | LinkedIn | Instagram | X | Facebook

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"The most important cause challenge is your first cause challenge," says Khail Parris, who holds the record in Van Nuys with 53 cause challenges in a single trial. Fresh off a $58 million slip-and-fall verdict and a $7.1 million win against LAUSD, Khail joins hosts Harry Plotkin and Dan Kramer to reveal his systematic approach to jury selection. He breaks down his "warts mini-opening" strategy, explains why he fights for questionnaires in every case, and shares his unconventional method for anchoring damages when judges won't let him mention specific numbers. 

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Episode sponsored by Motion Lit, 4 Corners and Baldwin Settlements.

In a post-COVID world, jurors respond to different questions – and smart lawyers will adapt to account for the change. Lourdes DeArmas, lead trial attorney at  Omega Law Group, shares this observation with hosts Harry Plotkin and Dan Kramer. “They want to see a lot more.They don't want generalizations,” she explains. Tune in for Lourdes’ strategies for handling "normal-looking" plaintiffs, addressing juror concerns that non-economic damages are a “payday,” and leveraging individual rather than group questions to get jurors talking.

☑️ Lourdes DeArmas | LinkedIn

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"Don't run from your bad facts but embrace them," says Bob Simon, whose book “Trying Disc Injury Cases: Defeating the Degeneration Defense” reveals how he’s embraced cases where clients were injured in light rear-end crashes. “The book is how to diffuse all those bombs, from intake through discovery through trial, and how to reframe the case,” he explains to hosts Harry Plotkin and Dan Kramer. Tune in for Bob’s insights about why addressing negative facts head-on during jury selection creates credibility with conservative jurors and how anchoring your damages number early pays off. 

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"Trial law is a game of psychology at some level," says Joe Fried, renowned as the "Godfather of Trucking Cases" who's litigated in 43 states. Regardless of the venue, he focuses on universally shared values in jury selection. “The magic of doing what we do is to build a case around the things that make us the same, not the things that make us different. That’s what jury selection is,” he explains to hosts Harry Plotkin and Dan Kramer. One shared value: Keeping your oath. “When that juror says, ‘I'm going to follow my oath even if I have to hold my nose.’ Are you throwing that guy off or not? I'm not.”

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“What are your thoughts?” jury consultant Harry Plotkin is fond of asking potential jurors. He likes that question because it’s not “yes or no.” But it’s just the beginning. Tune in for Harry to explain the “hard part.” And learn a technique from Dan Kramer that helps jurors express where they fall on a spectrum rather than forcing binary choices. The hosts also describe why saying "uphill battle" works better than asking if someone is "biased" and offer practical approaches for identifying jurors who might undervalue claims from elderly plaintiffs, immigrants, or those with preexisting conditions. 

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"I do not reject good cases," says Arash Homampour, responding to a joke from hosts Harry Plotkin and Dan Kramer that he seeks only the toughest liability situations. Known for winning eight-figure verdicts in cases other attorneys might avoid, Arash breaks down his authentic approach to jury selection. He explains why he addresses bad facts head-on, avoids over-selling his case during voir dire, and believes in creating an environment where jurors feel comfortable sharing their honest opinions. "You want people to spew the poison now, not later," Arash advises, reminding attorneys that identifying biased jurors early is crucial to successful outcomes.

☑️ Arash Homampour | LinkedIn

☑️ The Homampour Law Firm | LinkedIn | Facebook |  Instagram

☑️ Harry Plotkin | LinkedIn | Facebook | Instagram

☑️ Dan Kramer  | LinkedIn 

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Episode sponsored by Baldwin Settlements and Verdict Videos.