Picking Justice

If the juror’s laughing at your dumb jokes but their answers scream “danger zone!” – don’t bask in the laughter. Watch out for the danger. With 200 jury trials on his resume, trial lawyer Keith Bruno breaks down the critical difference between being seduced by good vibes and focusing on your job: picking the best jurors. With hosts Harry Plotkin and Dan Kramer, he recalls an incident when he called out two jurors who were overheard...

When he stands up at voir dire, Jude Basile has two goals: to empower the jury and get them involved in the case. With results that include a $150 million wrongful death verdict, Jude reveals how he achieves both goals in this conversation with hosts Harry Plotkin and Dan Kramer. If this has ever happened to you – a juror asks if you’re “in it for the money” or a juror discloses a sensitive experience like the loss of a child – tun...

A woman browses in a knick-knack store that has a sign: “You Break It – You Buy It.” Sure enough, she accidentally breaks a figurine – and it has a $78 price tag! The woman protests: “That wasn't worth $78! And your shelf sticks out too much!" Christian Morris presented that scenario to jurors in a case where her client was injured in a low-property damage incident. Tune in to hear what Christian learned from juror reactions...

Everybody loves an underdog story - so why do lawyers often tell the opposite in the courtroom? Juilliard-trained actor and jury trial consultant Jesse Wilson developed a “victim-to-victor” approach that capitalizes on the universal appeal of “I can” instead of “I can’t.” In this conversation with hosts Dan Kramer and Harry Plotkin, Jesse explains that jurors respond more powerfully when they see strength rather than just suffering...

"Voir dire is the scariest thing to do for a lawyer," Dan Kramer says as he reflects on the first year of “Picking Justice” with co-host Harry Plotkin. This special episode celebrates a year of exceptional guests: Ibiere Seck, Ricardo Echeverria, Steve Vartazarian, Gary Dordick, Claire Plotkin, Arash Homampou, Joe Fried, Bob Simon, Lourdes DeArmas, Khail Parris, David Ball, Randi McGinn, Craig Peters, Kurt Zaner, Pat Salvi, Sean Cl...

After completing nine trials earlier this year, Mike Alder describes lessons learned about jury selection with hosts Harry Plotkin and Dan Kramer. Tune in for his insights about how being practiced makes you conversational rather than aggressive, why he starts with easy questions before diving into hot-button issues, and how asking "I need your help" invites jurors to participate authentically in the selection process.

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“You've gotten just tons of jurors off for cause, but you do it in the most polite way,” host Harry Plotkin says of longtime friend Rahul Ravipudi, who stops by “Picking Justice” to share his philosophy of voir dire that has helped him secure eight- and nine-figure verdicts. As Rahul explains to Harry and co-host Dan Kramer, his core philosophy is to stick with one voir dire approach. His is identifying juror biases and guiding bia...

Picture your voir dire happening in a private room where it’s just you and the potential juror. It’s called “individual sequestered voir dire,” it’s guaranteed in Connecticut’s constitution, and it’s an approach that Kathleen Nastri has mastered – as evidenced by her $58 million med-mal verdict, a state record. It can be exhausting, she admits. It can be like speed dating. But it reflects the importance that the state places on the...

“It is shocking how many times lawyers undervalue their cases,” says Sean Claggett, a pioneer in the use of big data and co-author of “JuryBall.” Coming off a $145 million workers' compensation bad faith verdict in Colorado – where a mediator told him, “Colorado juries don’t give the type of verdicts you’re talking about” – Sean shares how he uses big data and focus groups to determine true case value. In this conversation with hos...

Everyone loves doctors. Pat Salvi’s firm sues them. When you know how to pick a good jury, he says, you can overcome the inherent likability factor. In this conversation with hosts Harry Plotkin and Dan Kramer, Pat reveals his strategies, starting with how he makes a connection with potential jurors. Tune in for his tips on exposing juror bias and focusing jurors on a doctor’s behavior, not personality. “It’s not about whether he's...

In Colorado, Kurt Zaner typically has 15 to 30 minutes for voir dire, so he makes every minute count. In this conversation with hosts Harry Plotkin and Dan Kramer, he explains how. “Even though you’ve got 15 minutes, the big points for me: I want to build a little rapport. I want them to trust me. I want them to feel empowered,” he says. From memorizing juror names to building credibility before discussing damages, Kurt describes s...

As a public defender, Craig Peters focused his voir dire on getting jurors to assure him they’d follow the law. Turns out that jurors can promise they’ll follow the law; it doesn’t mean they will. Now one of California's leading plaintiffs' trial attorneys with multiple eight-figure verdicts, Craig joins hosts Harry Plotkin and Dan Kramer to share what he’s learned about jury selection from practicing on both sides. He advocates, f...

"Has anyone here suffered profound grief?" Randi McGinn began asking jurors that question, particularly in wrongful death cases, after she suffered a personal loss. “It made me realize that people who've experienced that would be wonderful jurors,” she tells hosts Harry Plotkin and Dan Kramer. As she explains, savvy plaintiffs’ lawyers should identify jurors who have experienced grief and who can share their experience with other j...

Twenty minutes to voir dire 35 jurors? “Hey, what’s your favorite ice cream? OK; I ran out of time.” That’s how host and jury consultant Harry Plotkin describes the challenging scenario – one of his favorite things to teach because “it can be done.” Host Dan Kramer, who soon goes to trial with Harry under these very rules, guides this discussion about how it can be done. Harry explains how he prioritizes individual questions over g...

Is this you before voir dire: “You're nervous, you've got a million things on your mind, you've lost 14 motions you wanted to win, and now you've got to question these people to find out who's going to kill you.” That’s the scenario that many lawyers find themselves in, suggests influential trial consultant David Ball, whose groundbreaking books like "David Ball on Damages 3" revolutionized plaintiff advocacy. In this conversation ...

From Ibiere Seck's approach to making jurors feel valued, to Steve Vartazarian's mantra to “choose topics wisely,” to Gary Dordick's strategy for timing bias discussions, this episode of “Picking Justice” compiles the best moments from the podcast’s first 12 episodes. In addition to their wisdom, tune in for insights from Lourdes DeArmas, Ricardo Echeverria, Joe Fried, Arash Homampour, Khail Parris, Claire Plotkin, Bob Simon and th...

"The most important cause challenge is your first cause challenge," says Khail Parris, who holds the record in Van Nuys with 53 cause challenges in a single trial. Fresh off a $58 million slip-and-fall verdict and a $7.1 million win against LAUSD, Khail joins hosts Harry Plotkin and Dan Kramer to reveal his systematic approach to jury selection. He breaks down his "warts mini-opening" strategy, explains why he fights for questionna...

In a post-COVID world, jurors respond to different questions – and smart lawyers will adapt to account for the change. Lourdes DeArmas, lead trial attorney at  Omega Law Group, shares this observation with hosts Harry Plotkin and Dan Kramer. “They want to see a lot more.They don't want generalizations,” she explains. Tune in for Lourdes’ strategies for handling "normal-looking" plaintiffs, addressing juror concerns that non-ec...

"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 a...