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