"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.

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In jury selection, many attorneys focus solely on getting cause challenges. But jury consultant Claire Plotkin brings a fresh perspective on framing "bias" to the conversation with hosts Harry Plotkin and Dan Kramer. She explains that telling jurors they're "biased" can backfire – especially in cases where potential jurors' strong feelings might actually benefit plaintiffs. "In today's society, jurors are so ready to be inflamed that they're actually better for plaintiffs," Claire notes. Tune in to learn why sympathy isn't bias, how to protect your good jurors from defense challenges, and why Claire believes voir dire is about learning, not just eliminating jurors through cause challenges.

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Gary Dordick wanted to know why the sole juror voted against him, so he asked her after trial. Turns out, he reminded her of her ex-husband, so she didn’t believe a word he said.

“Okay, but, Ma’am, why didn't you tell me that when we were picking the jury?” Gary wondered.  “Oh,” she responded, “you never asked.”

Gary tells this cautionary tale to hosts Harry Plotkin and Dan Kramer in an episode devoted to jury selection tips and lessons gained through his winning career. The founder of Dordick Law Corporation, Gary shares stories from the courtroom, such as his early tendency to entertain prospective jurors at the expense of learning about them. Tune in for his insights about using questionnaires and leveraging nuanced questions to reveal bias.

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To keep jury selection simple, Steve Vartazarian turns to simple tools: paper and pen. In this visit with hosts Harry Plotkin and Dan Kramer, he explains why.

“It occurred to me, ‘Oh, my God!’ I was, like, one day: ‘Jury selection is the only time where we're only relegated to words, and we can't show the jury anything,’” says the founder of The Vartazarian Law Firm. “Why is that?’ I'm like, ‘Let me try to break that mold.’”

Tune in to watch Steve demonstrate his simple methods for revealing potential bias and asking about non-economic damages. “You’re never lost,” he vows. “You have a roadmap.” He also shows his list of dumb things the plaintiff’s lawyer should not do in jury selection.

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“Folks, I know you're here because you have to be, and we appreciate that. And I want to tell you right up front that you don't owe me anything…”

So begins Ricardo Echeverria’s typical introduction to prospective jurors. In this conversation with “Picking Justice” hosts Harry Plotkin and Dan Kramer, Ricardo guides plaintiffs’ lawyers on jury selection from start to verdict. Tune in for this winning trial lawyer’s insights on identifying bias, establishing credibility, and getting rid of the “really bad haters.” And for young lawyers who are listening, Ricardo explains why the art of picking juries is exactly that: “It’s art because, shit, there's 60 people in the room, and there's a lot going on, and you're trying to keep track of the names and all that. But at the end of the day, I always tell younger lawyers especially, there's a reason we call this ‘practicing’ law. You're never perfect at it.”

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The injured plaintiff can’t have children. One potential juror says, “No big deal. Adopt.” Another says, “That’s not what I signed up for when I got married.” If she were trying the case, Ibiere Seck would approach jury selection with curiosity and a non-judgmental conversation like this: “Okay, where do you fall? Let's talk about that...” 

“That's it. It's that simple,” Ibiere explains to hosts Harry Plotkin and Dan Kramer. The founder of Seck Law, Ibiere tries cases with other firms. When it comes to jury selection, she acknowledges that she leans more on art than science. Tune in for more on her strategies – including how she applies the Hawaiian practice of Ho’oponopono to her craft.

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In the first episode of "Picking Justice,” jury consultant Harry Plotkin and trial lawyer Dan Kramer invite lawyers on a journey to heightened jury selection skills. Using real-life lessons learned, they discuss the importance of considering different types of jurors and crafting questions that will yield better answers. They also set the stage for future episodes, where guests including Arash Homampour, Gary Dordick, David deRubertis, and Natalie Weatherford will share unique strategies for jury selection “that may blow your mind and change your approach,” Harry says.

Their mission is to help lawyers be ready for any scenario. “We've all fumbled on our words,” Dan says. “We've all asked bad questions, and it's just about how you deal with it and how you recover and to get you to pick your best jury possible.”

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