Trial Guides

12/14/2022

New Live Webinar on January 18th, 2023 @ 12:30 PM ET
How to Succeed in Your Next Cycling Case.

Sign up and learn more here: https://bit.ly/3hqRT1e

Attorney Megan Hottman recently secured a stunning $353 million verdict in a civil suit against a drunk driver who fatally hit an elite-level cyclist. The verdict, which includes substantial punitive damages, sends a powerful message: cycling cases can—and should—be taken seriously.

Most personal injury attorneys are familiar with auto injury cases, but few have as much experience with crashes involving cyclists. You don’t need to be a cyclist yourself to represent an injured cyclist, but you will need to understand how the nuances of these cases make them different.

12/09/2022

Trial Guides Tip of the Day with Michael Leizerman

The tip of the day with Michael Leizerman for December 9, 2022, comes from the book “The Medical Malpractice Trial”.
Available in print or eBook here: https://bit.ly/3W4NVus

12/08/2022

Cowen’s Big Rig Boot Camp: Maximizing Case Value - On Demand CLE

New CLE Video Series on Maximizing Value in Truck Crash Cases.

Cowen’s Big Rig Boot Camp: Maximizing Case Value.
Watch the on-demand video here:

Trucking accidents are among the most challenging types of personal injury cases. Not only can they involve multiple lines of insurance, complicating factors, and more severe injuries, they also pit your plaintiff against a well-oiled insurance defense machine. Trucking insurance companies have mill...

12/07/2022

Trial Guides Tip of the Day with Michael Leizerman

December 7, 2022

12/06/2022

How Jesse Wilson's Methods Helped Settle a Case for $16.6 Million. Read the blog post here: https://bit.ly/3Frh8ty

Trial lawyer Mike Maxwell recently obtained a $16.6 million dollar settlement on behalf of his injured client who lost both of her young daughters in a fatal car crash. Maxwell was kind enough to share his thoughts on the methods he used to prepare the case that led to this just outcome for his client:


I credit Jesse Wilson with helping me settle a personal injury case for $16,600,000. If you want to hear how Jesse did that, read through this piece to the end. I’ve tried to figure out why Jesse’s Tell the Winning Story method works so well. I’m not sure that I’m correct, but here is my best effort to describe it. Jesse’s secret sauce can be broken down into three parts:

One, Jesse preaches that your injured client is a “victor, and not a victim.” Jesse believes that most plaintiffs’ lawyers make the mistake of portraying their clients as victims to put them in a sympathetic light. This portrayal is often successful in that it elicits sympathy from the jury, and results in a low verdict. Why? Because sympathy is a low-activator emotion. We pity victims, but we don’t root for them.

Who do we root for? The answer can be found in underdog movies such as Rocky, SlumDog Millionaire, Home Alone, The Way We Were, and many, many others.

Jesse teaches us to portray our clients in a power moment in which they rise up and confront their own challenges. Seeing the client as a victor, and not a victim, activates high activator emotions. He believes that the high activator emotions include fear, anger, disgust, and hope. We can direct fear, anger, and disgust toward the defendant’s conduct, but the positive, high-activation emotion we should use for our clients is hope.…

Read more about how Mike Maxwell used the lessons he learned from Jesse Wilson's Tell a Winning Story method to secure a $16.6 million settlement for his client. https://bit.ly/3Frh8ty

12/06/2022

Trial Guides Tip of the Day with Michael Leizerman

The tip of the day with Michael Leizerman for December 6, 2022, comes from the book “Twelve Heroes, One Voice: Guiding Jurors to Courageous Verdicts”. Get your copy here: https://bit.ly/3VY5Gv0

12/02/2022

Trial Guides Tip of the Day with Michael Leizerman

The Tip of the Day with Michael Leizerman for December 2, 2022, comes from Keith Mitnik’s “The Power of Analogy” video.
Get your DVD copy or watch on-demand: https://bit.ly/3F0pI13

12/01/2022

Trial Guides Tip of the Day with Michael Leizerman

The Tip of the Day with Michael Leizerman for December 1, 2022, comes from Jim Purdue’s book “Winning with Stories”.
Get your copy here: https://bit.ly/3VMwCOd

11/30/2022

Trial Guides Tip of the Day with Michael Leizerman

The Tip of the Day with Michael Leizerman for November 30, 2022, comes from John Morgan’s book “You Can’t Teach Vision”.
Get your copy here: https://bit.ly/3OMdFsx

Do good things and have fun while you’re doing it!

11/29/2022

Trial Guides Tip of the Day with Michael Leizerman

The Tip of the Day with Michael Leizerman for November 29, 2022, comes from the video "Understanding Juror Bias and Decision-Making: Using Social Science to Prepare a Winning Case".
Available here: https://bit.ly/3gRlgJH

11/28/2022

Trial Guides Tip of the Day with Michael Leizerman

Trial Guides Tip of the Day with Michael Leizerman

Do good things and have fun while you're doing it!

11/23/2022

Trial Guides Tip of the Day with Michael Leizerman

The Tip of the Day with Michael Leizerman for November 23, 2022, comes from Rick Friedman's book "Rules of the Road".
Available in print, eBook, or audiobook: https://bit.ly/3U2jG5r

Do good things and have fun while you're doing it!

11/22/2022

New Live Webinar - Building a Winning Closing Argument with John G. Simon of The Simon Law Firm, P.C.
December 20th, 2022 ♦ 12:30 PM ET ♦ 9:30 AM PT

Sign up and learn more here: https://bit.ly/3GyfTcU

11/20/2022

New Free Webinar! Victim to Victor: Stories of Joy with Jesse Wilson. Thursday, December 15th @ 12:30 p.m. ET / 9:30 a.m. PT

Sign up for free here: https://bit.ly/3EGOTqn

11/18/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 18, 2022, comes from the book "The Plaintiff Lawyer's Playbook". Available here: https://bit.ly/3EcOEle

Do good things and have fun while you're doing it!

11/17/2022

30+ Five-Star Reviews Recommend Jury Selection that Connects and Opening Statements that Move.
Watch the on-demand video here: https://bit.ly/3TEpVfu

11/17/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 17, 2022, comes from the book "Advanced Depositions Strategy and Practice".

Get your copy here: https://bit.ly/3gdlvyq

Do good things and have fun while you're doing it!

11/16/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 16, 2022, comes from the book "Case Analysis".
Get your copy here: https://bit.ly/3hNM4eb

Do good things and have fun while you're doing it!

11/15/2022

Some of the Top Lawyers in the Country Recommend Nursing Home Cases: When Caregivers Stop Caring

Get your print or eBook copy here: https://bit.ly/3WZjnen

“Mark Kosieradzki and Joel Smith have written the definitive ‘Bible’ on trying a nursing home case. Whatever indignity your elderly clients have suffered—whether pressure ulcers, fatal falls, sexual abuse, or anything in between—this book provides the discovery, deposition, and trial techniques you need to hold the nursing home accountable. Packed with templates, pleadings, and transcripts from real cases, don’t leave home for the courtroom without this book in your briefcase.”
—Randi McGinn, past president of the Inner Circle of Advocates and author of Changing Laws, Saving Lives: How to Take on Corporate Giants and Win

“Nursing Home Cases: When Caregivers Stop Caring is an outstanding book that describes how to successfully obtain justice in nursing home cases. Mark and Joel provide a comprehensive, detailed analysis that includes many thoughtful, practical ideas and techniques. This is an excellent book that will help trial lawyers of all levels of experience. I highly recommend it.”
—Mark S. Mandell, past president of the American Association for Justice and member of the Inner Circle of Advocates

“I highly recommend Mark and Joel’s primer on how to litigate nursing home cases. The book is a rare combination of the academic nuts and bolts of the case work-up process interspersed with the wisdom and advice that only comes from actual experience of fighting in the nursing home litigation trenches. My son Evan and I had the pleasure of joining Mark and Joel in litigating a nursing home abuse and neglect case. We were able to observe firsthand many of the skills and strategies that are discussed in the book. If you have never tried a nursing home case or have made a career of representing victims of nursing home abuse or neglect, Mark and Joel’s book should be in your bookcase. Better yet, the book should be on your desk, all marked up and tagged with notes.”
—Arthur E. Lloyd, vice president of the Arizona Association for Justice

11/15/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 15, 2022, comes from Rick Friedman's book "Rules of the Road".
Available in print, eBook, and audiobook: https://bit.ly/3Ah3g1Z

Do good things and have fun while you're doing it!

11/14/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 14, 2022, comes from Rick Friedman's book "The Way of the Trial Lawyer".
Get your print or ebook copy of the book here: https://bit.ly/3AdyLds

Do good things and have fun while you're doing it!

11/10/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 10, 2022, comes from "David Ball on Damages 3".
Get Damages 3 in print, ebook, or audiobook: https://bit.ly/3tjbmTT

Do good things and have fun while you're doing it!

11/10/2022

New Webinar! Maximizing Damages in Admitted Liability Cases with David Ball, Deborah Chang, Artemis Malekpour & Brian Panish.
December 9th, 2022 ♦ 2:30 PM ET ♦ 11:30 AM PT

Sign up and learn more here: https://bit.ly/3ArnG8L

11/09/2022

Learn the Method Rick Friedman's Firm Uses for Legal Briefs.
Get your copy of the book here: https://bit.ly/3NP5PxO

“Much of advocacy is simply teaching; teaching the judge or jury the facts, from your point of view, that you want them to understand. For over a hundred years, textbooks of all sorts have had photos, diagrams, and charts. Why not briefs?

This raises the next important consideration: what to put on the page? While many books and articles have been written about how to effectively put words on a page to advocate for a legal position, to my knowledge, almost nothing has been written about visual advocacy on the page....

[Show the Brief] challenges many unexamined assumptions about what makes a good brief or good legal argument. It will change your ideas about what is possible and what is persuasive. It is like giving a painter a whole new color that’s never been used or viewed by anyone before. This new color is powerful, unusual, and unfamiliar. Using this new color will require you to develop new skills. You will literally start to think differently as you call upon different parts of your brain to join in your advocacy.

It will feel awkward at first. But I hope you are as excited by the creative possibilities as I am. Before there was writing, we had only oral advocacy. Then, of course, came written advocacy. Now, you have the chance to be one of the early pioneers in visual advocacy. Welcome.”

—Rick Friedman, coauthor of Rules of the Road and member of the Inner Circle of Advocates

11/09/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 9, 2022, comes from "Dynamic Cross-Examination: A Whole New Way to Create Opportunities to Win". Improve your cross-examination skills with this book: https://bit.ly/3thFgYy

Do good things and have fun while you're doing it!

11/08/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Micahel Leizerman for November 8, 2022, comes from Chip LaFleur's book "Digital Marketing for Law Firms: The Secrets to Getting More Clients and Better Cases". Get your print or ebook copy here: https://bit.ly/3NMUDSi

Don't forget to vote!

11/07/2022

Trial Guides Tip of the Day with Michael Leizerman

The Trial Guides Tip of the Day with Michael Leizerman for November 7, 2022 comes from Candess Zona-Mendola's book "The Indispensable Paralegal: Your Guide to Getting It All Done".
Get your print or eBook copy here: https://bit.ly/3DL5Oqc

Do good things and have fun while you're doing it!

11/04/2022

OBS Trial Guides Daily Tip Stream

The Trial Guides Tip of the Day with Michael Leizerman for November 4, 2022, comes from Mark R. Kosieradzki's book "30(b)(6) Second Edition: Deposing Corporations, Organizations & the Government".

Available in print or eBook format here: https://bit.ly/3T9leKi

Take a deep breath and be grateful to be alive this moment!

11/03/2022

Sign up today for the free webinar with Rick Friedman, Courtney Rowley, Nick Rowley & James Abernethy.

Don't miss the chance to learn trial and case strategy from this outstanding team!

Sign up for free here: https://bit.ly/3WugCkN

Today’s edition of “What’s Courtney’s laptop sitting on?” 👀 only thing I could find that put it at eye level 🙈

In other news, the trial team on the latest monsanto case will be coming together for a free webinar through on Nov 7 to discuss our trial strategy. Did I mention it’s free? Jury verdict of 275 million, you will not want to miss this awesome webinar with Nick, Rick Friedman, James Abernethy and I.

I know the real question that’s on your mind is what my laptop will be sitting on during the webinar. Tune in to find out. 🤓 link in profile - must register.

11/03/2022

New video product! Mastering Motor Vehicle Cases II from Arthur C. Croft.

Get the DVD set here: https://bit.ly/3NCsH3C
or watch the on-demand here: https://bit.ly/3zHVgXr

11/03/2022

OBS Trial Guides Daily Tip Stream

Trial Guides Tip of the Day with Michael Leizerman for November 3rd, 2022, comes from the video "Focus Groups: How to Do Your Own Jury Research" with David Ball Debra Miller & Artemis H. Malekpour.

You can watch the video on-demand here: https://bit.ly/3fu2tn8

Take a deep breath and be grateful to be alive this moment!

11/02/2022

OBS Trial Guides Daily Tip Stream

Trial Guides Tip of the Day with Michael Leizerman.
The tip for November 2, 2022, comes from Lisa Blue's video "Jury Selection & Psychology".
Watch on-demand here: https://bit.ly/3zDF4GR

Take a deep breath and be grateful to be alive this moment!