Picking Justice

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...

"Trial law is a game of psychology at some level," says Joe Fried, renowned as the "Godfather of Trucking Cases" who's litigated in 43 states. Regardless of the venue, he focuses on universally shared values in jury selection. “The magic of doing what we do is to build a case around the things that make us the same, not the things that make us different. That’s what jury selection is,” he explains to hosts Harry Plotkin and Dan Kra...

“What are your thoughts?” jury consultant Harry Plotkin is fond of asking potential jurors. He likes that question because it’s not “yes or no.” But it’s just the beginning. Tune in for Harry to explain the “hard part.” And learn a technique from Dan Kramer that helps jurors express where they fall on a spectrum rather than forcing binary choices. The hosts also describe why saying "uphill battle" works better than asking if someon...

"I do not reject good cases," says Arash Homampour, responding to a joke from hosts Harry Plotkin and Dan Kramer that he seeks only the toughest liability situations. Known for winning eight-figure verdicts in cases other attorneys might avoid, Arash breaks down his authentic approach to jury selection. He explains why he addresses bad facts head-on, avoids over-selling his case during voir dire, and believes in creating an environ...

In jury selection, many attorneys focus solely on getting cause challenges. But jury consultant Claire Plotkin brings a fresh perspective on framing "bias" to the conversation with hosts Harry Plotkin and Dan Kramer. She explains that telling jurors they're "biased" can backfire – especially in cases where potential jurors' strong feelings might actually benefit plaintiffs. "In today's society, jurors are so ready to be inflamed th...

Gary Dordick wanted to know why the sole juror voted against him, so he asked her after trial. Turns out, he reminded her of her ex-husband, so she didn’t believe a word he said.

“Okay, but, Ma’am, why didn't you tell me that when we were picking the jury?” Gary wondered.  “Oh,” she responded, “you never asked.”

Gary tells this cautionary tale to hosts Harry Plotkin and Dan Kramer in an episode devoted to jury selection tips and...

To keep jury selection simple, Steve Vartazarian turns to simple tools: paper and pen. In this visit with hosts Harry Plotkin and Dan Kramer, he explains why.

“It occurred to me, ‘Oh, my God!’ I was, like, one day: ‘Jury selection is the only time where we're only relegated to words, and we can't show the jury anything,’” says the founder of The Vartazarian Law Firm. “Why is that?’ I'm like, ‘Let me try to break that mold.’”

Tune in ...

“Folks, I know you're here because you have to be, and we appreciate that. And I want to tell you right up front that you don't owe me anything…”

So begins Ricardo Echeverria’s typical introduction to prospective jurors. In this conversation with “Picking Justice” hosts Harry Plotkin and Dan Kramer, Ricardo guides plaintiffs’ lawyers on jury selection from start to verdict. Tune in for this winning trial lawyer’s insights on identif...

In the first episode of "Picking Justice,” jury consultant Harry Plotkin and trial lawyer Dan Kramer invite lawyers on a journey to heightened jury selection skills. Using real-life lessons learned, they discuss the importance of considering different types of jurors and crafting questions that will yield better answers. They also set the stage for future episodes, where guests including Arash Homampour, Gary Dordick, David deRuber...

The injured plaintiff can’t have children. One potential juror says, “No big deal. Adopt.” Another says, “That’s not what I signed up for when I got married.” If she were trying the case, Ibiere Seck would approach jury selection with curiosity and a non-judgmental conversation like this: “Okay, where do you fall? Let's talk about that...” 

“That's it. It's that simple,” Ibiere explains to hosts Harry Plotkin and Dan Kramer. Th...