Join Ben Gideon as he explores the complex world of risk assessment in trial law. Despite their bold reputations, trial lawyers often lean towards risk-averse strategies, favoring settlements over trials. Ben reflects on his recent trial loss to analyze cognitive biases in decision-making and emphasizes the importance of embracing risk to secure significant verdicts.

Drawing parallels between trial law and high-stakes poker, Ben discusses how both fields rely on probabilistic thinking and expected value calculations. He shares strategies for managing risk across multiple cases, similar to a poker player handling various hands, and highlights the differing risk levels faced by lawyers and their clients.

In this episode, you will hear:

• Insights from Ben Gideon on risk assessment in trial law
• Exploration of trial lawyers' risk-averse tendencies and the impact of cognitive biases
• Parallels between trial law and poker strategies for managing risk
• Importance of data-driven approaches and probabilistic thinking in legal decision-making
• Balancing client emotions and cognitive biases during negotiations and mediations
• Psychological and emotional factors influencing legal cases and client decision-making

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Supporting Resources:

Guest Ben Gideon of Gideon Asen

Email: bgideon@gideonasenlaw.com

Website: https://www.gideonasen.com/our-team/benjamin-gideon/

Podcast: https://www.elawvate.fm/

Books referenced in the episode:

On Edge: The Are of Risking Everything by Nate Silver

Thinking, Fast and Slow by Daniel Kahneman

Join the Trial Lawyer Prep Newsletter for a monthly email with resources, tips and helpful guidance for your next trial: 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.

In this episode, Elizabeth goes into crafting authentic client testimonies to enhance courtroom success. She emphasizes avoiding scripted testimonies that erode credibility and offers strategies to naturally integrate case themes into client testimonies. Elizabeth outlines three key steps: avoid making clients memorize phrases, review their past statements, and conduct prep sessions to help them organize thoughts on damages or liability. This approach ensures that testimonies subtly echo case themes, maintaining authenticity and strengthening trial strategies.

In this episode, you will hear:

• Crafting authentic and impactful client testimonies for courtroom success
• Avoiding pitfalls of scripted testimonies to maintain credibility
• Integrating case themes into all trial stages, from jury selection to opening statements
• Strategies for making client testimonies resonate with jurors
• Emphasizing authenticity and emotional connection in witness 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:

Have a challenging client or up-coming trial that you want to polish client testimony?

Book a free call: https://calendly.com/elizabethlarrick

Episode 131: What is Trial Strategy and What it is NOT

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 shares expert insights on transforming your trial preparation with Zoom focus groups. Discover the unique benefits of virtual sessions, including the ability to capture participants' facial reactions up close, which can't be replicated in traditional settings. Elizabeth uses her extensive experience and real-world examples to demonstrate how these online gatherings can deepen your understanding of juror behavior, enhancing your courtroom strategies.

Learn about the convenience and flexibility that Zoom focus groups offer, saving time and resources while allowing you to experiment with different formats. Elizabeth compares virtual and in-person focus groups, highlighting the distinct interactions possible through Zoom. Tune in to explore how these insights can strengthen your connections with clients and juries, ultimately boosting your effectiveness in court. Whether you're a seasoned lawyer or new to virtual focus groups, this episode offers valuable strategies for your legal practice.

In this episode, you will hear:

• Advantages of Zoom focus groups over traditional in-person settings
• Benefits of capturing close-up participant reactions on Zoom
• Cost-effectiveness and convenience of online focus groups
• Flexibility and freedom in structuring virtual sessions
• Use cases for Zoom focus groups in pre-lawsuit and pre-mediation stages

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:

You can watch this episode on YouTube here: https://youtu.be/uOGoz3O167o

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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.