Best Practices with Kenny Berger

Using Big Data to Drive Big Verdicts | Attorney Al Foeckler | S6 Ep. 2

In this episode of Best Practices with Kenny Berger, Kenny sits down with Wisconsin trial lawyer Al Foeckler to break down how big data shaped strategy, decision-making, and ultimately a $15 million verdict in a wrongful death case. Al walks through the real-time choices his team faced before and during trial, including whether to tell the jury the value of the case in opening, how data informed that decision, and why dropping certain claims actually increased the overall recovery. The conversation dives into credibility, preparation, and the discipline required to trust the numbers while still honoring the human story at the center of the case.This episode covers:How big data influences case valuation and win ratesWhen and how to introduce large numbers to a juryUsing voir dire to frame value and burden of proofBuilding credibility through preparation and follow-throughStructuring order of proof to create momentum and clarityTurning complex facts into a story jurors can visualize and rememberThroughout the discussion, Al emphasizes that big verdicts are not about bravado. They are about preparation, authenticity, and making strategic decisions grounded in evidence, data, and respect for the jury.

Show, Don’t Tell: Demonstratives, Memory, and Modern Trial Advocacy | Attorney Geordan Logan | S6 Ep. 1

In the Season 6 opener of Best Practices with Kenny Berger, Kenny sits down with Geordan Logan of Claggett & Sykes to explore why the most effective trial lawyers don’t just tell stories, they show them.Drawing on his background as an Air Force instructor, corporate educator, public defender, and plaintiff trial lawyer, Geordan explains how adults learn, remember, and make decisions in the courtroom. His guiding principle, “edutainment,” focuses on using visuals and storytelling to capture attention, build credibility, and give jurors memory “hooks” they can carry into deliberations.In this episode, you’ll hear practical strategies for:Designing openings that act as a clear roadmap for the entire trialUsing demonstratives and visuals to reinforce credibility and focus juror attentionPreempting defense arguments by framing and dismantling them earlyHumanizing damages so jurors understand what was truly taken, not just the numbersKenny and Geordan also discuss the mission behind Outer Realm, a national community of plaintiff lawyers committed to sharing knowledge, strengthening trial advocacy, and protecting the Seventh Amendment.If you want jurors to remember your case and trust the story you’re telling, this episode sets the framework.

From Intake to Verdict: Designing Cases That Win | Attorney Dan Schaar | S5 Ep. 14

How do great trial lawyers build cases that resonate with jurors from the very first conversation? In this season-closing episode of Best Practices with Kenny Berger, Kenny sits down with California trial lawyer Dan Schaar to break down the full arc of trial preparation, starting at intake and carrying all the way through opening, closing, and rebuttal.Dan shares the systems and strategies he uses to design winning cases: identifying the human story early, reframing bad facts, uncovering defendant “choices” rather than “accidents,” and empowering jurors to return the right verdict for the right reasons. They discuss:— Starting trial prep at intake and organizing facts into a working trial framework— How to build the human story and gather authentic, powerful testimony— Reframing defense themes— Structuring openings, closings, and rebuttals as a unified, jury-empowering narrativeWhether you're preparing for your first trial or refining your next opening, this episode is packed with practical insights you can apply immediately in your next case. Hosted by South Carolina Injury Lawyer Kenny Berger | Best Practices with Kenny Berger

The Future of Plaintiff Practice | Attorney Bob Simon | S5 Ep. 13

What does the next era of plaintiff law look like and how can trial lawyers position themselves to thrive in it?In this episode of Best Practices with Kenny Berger, Kenny sits down with attorney, entrepreneur, and community-builder Bob Simon to talk about the forces reshaping plaintiff practice today. From AI intake and automated case review to national referral networks, mentorship communities, and the rise of modern legal brands, Bob shares a clear and compelling vision of where the profession is headed.They discuss:How AI and automation are leveling the playing field for small and midsize firmsWhy community, collaboration, and mentorship will define the next generation of great lawyersBuilding a practice that blends efficiency with human connectionCreating systems that free lawyers to focus on high-impact workThe importance of work-life balance and “financial stress-free time” with familyThis episode offers practical insights on how to evolve your practice as the legal landscape transforms.Hosted by South Carolina Injury Lawyer Kenny Berger | Best Practices with Kenny Berger

Thinking in Bets: Managing Risk and Reward in Trial Practice | Attorney Taylor Asen | S5 Ep. 12

Every trial is a bet, but how do you know when the risk is worth taking?In this episode of Best Practices with Kenny Berger, trial lawyer Taylor Asen joins Kenny to talk about what it really means to “think in bets.” From using data and probability to assess case value, to hedging strategies like high-lows and partial settlements, Taylor breaks down how trial lawyers can balance risk, reward, and responsibility to their clients.They discuss:Why expected value alone doesn’t tell the whole storyHow to align client risk tolerance with case strategyUsing data and focus groups to guide decision-makingApplying concepts from gambling and behavioral economics to trial workWhy honest experts and strict case selection matter in medical malpracticeThis conversation offers a framework for making smarter, more intentional decisions in high-stakes litigation.Hosted by South Carolina Injury Attorney Kenny Berger