Best Practices with Kenny Berger

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 

Training for Trial: Prep, Practice, & Purpose | Attorney Tim Whiting | S5 Ep. 11

Becoming an effective trial lawyer isn’t about natural talent - it’s about preparation, practice, and the mindset to keep improving. In this episode, truck crash attorney Tim Whiting joins host Kenny Berger to discuss what it really takes to become trial-ready: from the lessons learned after a tough loss to the daily habits that sharpen skill and quiet self-doubt.They cover:Turning loss into lifelong commitment to trial practiceWhy consistent role-play, focus groups, and coaching matterMeditation and mindset as tools for performancePreparing every case as if it’s going to trial — not settlementWhether you’re early in your career or years into practice, this episode is a reminder that trial skills are built, not born - and that growth begins outside your comfort zone.

Universally Human: Building and Trying Cases on Shared Values | Joe Fried & Chris Finney | S5 Ep. 10

In a Best Practices first, Kenny Berger is joined by two guests from different firms—trial lawyers Chris Finney (Finney Injury Law) and Joe Fried (Fried Goldberg). Together they dig into a simple idea: juries connect to what’s universally human - family, health, freedom, independence - and how to build your whole case around it.You’ll hear about:How to use even limited voir dire to surface shared values and form a teamHow to frame the trial as a simple choice about valuing what mattersWhy authenticity and vulnerability drive credibility in the courtroomWhether you’re weeks from trial or planning a focus group, this conversation offers a practical framework: speak to what matters to all of us, build the case around it, and let the verdict follow.