In this episode of Trial Lawyer Prep, we delve into the role that focus groups can play in legal trials. This episode explores whether focus groups are worth the investment, as we continue our conversation with Michelle Gessner. Through a case study involving Wells Fargo, Michelle shares her experience in utilizing focus groups to anticipate juror reactions and refine legal strategies, ultimately providing an edge in the courtroom. This episode underscores the financial considerations and potential rewards of employing focus groups, highlighting how they can reveal juror perceptions and help counteract defense tactics.

Moreover, the episode sheds light on the applications of focus groups in trial preparation, particularly in determining the order of witnesses and enhancing witness preparation. Michelle emphasizes the importance of using focus groups to establish a sequence for presenting evidence, which can significantly influence juror understanding and case outcomes. The discussion also highlights the value of having an external perspective during witness prep to identify potential communication breakdowns. With these insights, trial lawyers can enhance their strategies and increase their chances of achieving favorable outcomes in court. Listeners are encouraged to stay informed by joining the Trial Lawyer Prep newsletter and leveraging the expertise shared in this episode to elevate their trial game.

In this episode, you will hear:

• Strategic witness preparation and sequencing based on focus group feedback
• Managing financial risks versus benefits of focus group insights
• Role of focus groups in shaping depositions, summary judgment briefs, and evidence presentation
• Techniques for refining opening statements and trial strategies with focus group feedback

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Supporting Resources:

If you have more questions or have an employment matter to talk with Michelle about, please contact her at:

[email protected]

To learn more about Michelle, please visit her website: Gessner Law PLLC

Don’t want to miss an episode of the podcast? Join the Trial Lawyer Prep Newsletter to get an email straight to your inbox with episodes and resources for witness prep, trial strategy and focus groups. Use this link: https://larricklawfirm.com/connect/

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

 

Join us as we delve into the remarkable $22 million verdict achieved by trial lawyer Michelle Gessner against Wells Fargo. Michelle shares her strategic approach to a high-stakes case involving the wrongful termination of a Wells Fargo employee who requested a work-from-home accommodation under the ADA. This episode is packed with insights for trial lawyers, highlighting the value of focus groups in shaping trial strategy and boosting confidence. Discover how focus groups can refine your opening statements and jury selection, even when limited to a 20-minute voir dire. Michelle also discusses the challenges of maintaining focus group confidentiality when faced with aggressive tactics from opposing counsel. Gain valuable knowledge on navigating complex litigation and learn how meticulous preparation can make a significant difference in your courtroom success.

In this episode, you will hear:

• Lessons learned from Michelle Gessner's landmark $22 million verdict against Wells Fargo.
• Leveraging focus groups to build confidence in trial strategies and understand juror perceptions.
• Utilizing focus groups to refine opening statements and determine the most impactful evidence presentation.
• Strategies for effective jury selection with limited voir dire time, emphasizing swift decision-making.
• Protecting focus group footage from opposing counsel's access attempts and maintaining its confidentiality.
• Handling aggressive legal tactics from opponents, including motions to access attorney work product.

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We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Learn more about Michelle Gessner at: https://www.mgessnerlaw.com/michelle-gessner/#gref

You can reach out to Michelle Gessner via email: [email protected]

To join the Trial Lawyer Prep Newsletter please visit: www.larricklawfirm.com/connect

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Join Elizabeth Larrick as she explores the decision-making process of whether to settle a case or proceed to a jury trial. This episode provides trial lawyers with actionable insights into evaluating jury trials by examining recent verdicts and settlements and leveraging the experience of attorneys familiar with key players in the case. Elizabeth shares how focus groups composed of non-lawyers can offer valuable perspectives, helping to understand jurors' mindsets.

Look into trial preparation and risk assessment, focusing on the importance of evaluating evidence from a juror's viewpoint. Elizabeth discusses the strategic use of focus groups in refining opening statements and provides a comprehensive view of weighing the risks and rewards of settling versus going to trial. 

In this episode, you will hear:

• Decision-making between settling a case and going to a jury trial
• Importance of researching recent verdicts, settlements, and consulting experienced attorneys.
• Utilizing focus groups to understand jurors' perspectives and attitudes.
• Trial preparation, risk assessment, and evaluating evidence from a juror's viewpoint.
• Assessing trial costs, time commitments, and potential outcomes to guide clients effectively.

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Want to learn to set-up your own virtual focus groups? Join my Trial Lawyer Prep Newsletter to learn about when my DIY course opens again and gain helpful trial tips & insight each month, go to www.larricklawfirm.com/connect to sign up.

Related episodes on trial preparation: Ep 122

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Join Elizabeth Larrick as she explores the transformative power of virtual focus groups for trial lawyers. In this episode, Elizabeth discusses her course, "DIY Virtual Focus Groups for Beginners," designed to equip trial lawyers with the skills to run their own focus groups. Elizabeth shares her experience of how these methods have enhanced her practice by providing crucial jury insights and improving case decisions. The course offers practical tools, including recorded Zoom sessions, a detailed workbook, and a supportive community, addressing common challenges like recruitment, presentation, and moderation.

Elizabeth emphasizes the importance of integrating feedback into legal case preparations, aiming for clarity and simplicity in jury communication. Discover how running your own focus groups can refine your presentation strategies, connect more effectively with juries and clients, and enhance your overall courtroom success. 

In this episode, you will hear:

• Introduction to DIY Virtual Focus Groups for trial lawyers

• Strategies for recruitment, presentation, and moderation in focus groups

• Importance of integrating feedback for effective jury communication

• Benefits of running personal focus groups for case preparation

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Access to the on-demand course Do-It-Yourself Virtual Focus Groups is CLOSED. However, you can join the Trial Lawyer Prep Newsletter today and get the latest updates on when Elizabeth will open the course again: www.larricklawfirm.com/connect

To hear other episodes about running your own virtual focus groups check out:

DIY Focus Groups with Clint Shumacher [Ep 83]

Setting Up Your Focus Group System [Ep 81]

Focus Group Recruiting [Ep 80]

DIY Virtual Jury Research Part 1 [Ep 19]

DIY Virtual Jury Research Part 2 [Ep 20]

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

In this episode, Elizabeth explores innovative and cost-effective strategies for trial preparation that go beyond traditional mock juries. Designed with solo practitioners and small law firms in mind, this episode examines techniques like focus groups that can provide valuable insights without the high costs. Learn how attorneys like Ryan Squires and Peter Levine successfully used virtual focus groups to refine their trial strategies, leading to significant verdicts and settlements. Gain actionable tips to enhance your courtroom skills and connect more effectively with juries. 

In this episode, you will hear:

• Exploring cost-effective alternatives to mock juries for trial preparation
• Benefits and insights of using focus groups, both in-person and virtual
• Overcoming traditional trial prep challenges for solo practitioners and small firms
• Practical tips for conducting short, targeted focus groups

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Want to get in-depth insight straight to your inbox? Join the Trial Lawyer Prep Newsletter at www.larricklawfirm.com/connect to get a specially crafted email once a month from Elizabeth that gives lawyers extra resources, tips and information on preparing the best case.

Here are the episodes mentioned by Elizabeth:

Ep 35 Ryan Squires and his Record Setting $40 million verdict

Ep 19 DIY Virtual Jury Research Part 1

Ep 20 DIY Virtual Jury Research Part 2

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Elizabeth Larrick, an experienced trial lawyer and consultant, discusses strategies for conducting effective virtual jury research using focus groups. By starting with a well-prepared opening statement, lawyers can harness simple, direct feedback to refine case strategies. Through examples and real case studies, Elizabeth demonstrates how to leverage virtual focus groups for trial preparation, emphasizing the importance of clarity and simplicity to achieve successful outcomes. Listeners are also encouraged to join her email list for exclusive access to her courses and resources.   00:00 Introduction to Trial Lawyer Prep 00:49 Starting with Virtual Jury Research 01:52 Understanding Virtual Focus Groups 03:03 Creating Effective Opening Statements 06:40 Gathering Feedback and Improving 09:53 Success Stories and Practical Tips 12:38 Conclusion and Next Steps

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Join my TLP email list to gain exclusive access to the DIY Virtual Focus Group course and Bonus material:

www.larricklawfirm.com/connect

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Expand your toolkit and improve your legal practice with our guest, Karl Seelbach, co-founder of Skribe. In this episode, Karl shares his journey from aspiring plaintiff's lawyer to co-founding his own defense firm. 

Learn how Karl is transforming the legal field with Skribe, a tool designed to simplify legal depositions and video evidence management. Hear about the challenges that led to Skribe's creation and how its products are addressing common pain points like high costs and delays. Explore the evolving landscape of legal depositions and the features of Skribe’s AI-powered tools. Karl discusses the benefits and limitations of remote depositions, the issue of stenographer shortages, and how Skribe’s software offers a practical alternative.

In this episode, you will hear:

• Skribe's creation to address deposition challenges
• The benefits of remote depositions
• The impact of AI-powered tools on deposition management
• Advice for integrating technology in legal practices

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

If you would like to learn more about Skribe, you can email Karl with your questions: [email protected] or visit https://skribe.ai/

Get results, spend less money. Check out https://skribe.ai/ for your deposition needs and remember to mention Trial Lawyer Prep podcast!

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Think jury instructions are where to start with getting ready for your jury trial? Think again.

Join Elizabeth Larrick as she shares key strategies for achieving courtroom success. Learn why understanding a judge’s rules and procedures is as important as knowing your case facts. Elizabeth delves into the specifics of voir dire, discussing time allocation and format variations to connect with jurors.

Elizabeth offers strategies for adapting trial preparations to meet the demands of any courtroom environment. Learn to manage expert witness schedules and align your presentation to the judge's persona to avoid unexpected setbacks. Through real-life examples, this episode highlights the importance of meticulous planning and understanding a judge’s expectations to ensure effective execution of every trial element.

In this episode, you will hear:

• Maximizing trial success strategies
• Navigating trial preparations and judge persona
• Nuances of voir dire: time allocation and format variations
• Strategies for connecting with jurors
• Legal research and preparation for judge’s trial persona to avoid unexpected setbacks

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Are you interested in booking a free consultation call about focus groups or trial strategy?

Use this link to find a convenient time for you to talk with Elizabeth.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Get ready to master the nuances of preparing for virtual client depositions in 2024. Equip yourself with strategies that ensure your client is not just ready but confident and composed. Join me as I dive into the essential practice of virtual deposition preparation. You'll learn why it's crucial to simulate the actual virtual environment during practice, helping clients handle technical hiccups and communicate effectively when things go awry.

In this episode, I share actionable tips drawn from real-life experiences. From practicing with Zoom to managing on-screen documents, discover how segmenting preparation sessions can vastly improve client performance. Tune in to understand why treating these practice sessions with the utmost seriousness can set your clients up for success, making those virtual depositions less daunting and more manageable.

In this episode, you will hear:

• Importance of simulating the virtual environment during practice
• Handling technical issues and communicating effectively online
• Benefits of segmenting preparation sessions for better client retention
• Ensuring clients are familiar with virtual deposition nuances
• Applying similar preparation strategies for experts and focus groups

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

If you enjoyed this quick practice tip with Elizabeth, join her Trial Lawyer Prep Newsletter email list here.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Did you know that seeking feedback from friends and family might be sabotaging your trial preparation? Join me as I break down why this common practice can be a trap rather than a helpful shortcut. In this episode of Trial Lawyer Prep, you'll uncover three fundamental reasons why feedback from close individuals is inherently unreliable. From the biased nature of their opinions to the undue credibility they grant you, and how these skewed perspectives can infiltrate your subconscious decision-making—understand why these pitfalls can negatively impact your case.

I'll also shed light on the significance of impartial jury research, and how recruiting unbiased participants can make all the difference. Discover why feedback from neutral strangers offers a more accurate simulation of a real jury's perspective and why cutting corners due to time, money, or fear of negative feedback could jeopardize your case's success. Don't miss this vital discussion on enhancing your trial strategies with reliable, unbiased feedback!

In this episode, you will hear:

• The dangers of relying on feedback from friends and family for trial preparation.
• Three main reasons why friendly feedback is unreliable: inherent bias, undue credibility, and non-representative sample.
• The subconscious influence of biased feedback on decision-making in trials.
• Importance of impartial jury research and recruiting unbiased participants for focus groups.
• Risks of cutting corners due to time, financial constraints, or fear of negative feedback.

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.