Trial Lawyer Prep

The Hard Truth about Persuasion and the Lawyer Brain [Ep 161]

We know we live in an attention-deficit age, where attention spans and concentration levels are lower than ever.   It's not just about social media though. These trends carry forward into every day life, including in the court room. We simply can't assume that just because the jurors are there and present, that they will necessarily be paying as close attention as we expect. It's human nature to start to drift away and think about something else when you're not otherwise captured by a subject, and there is fascinating brain science that demonstrates why!   So today we look at ways to maximize your impact, grab hold of the narrative, choose the most effective facts and frame your arguments in a way that keeps jurors engaged and wanting more.   Even the judge will notice this approach! And will appreciate how you started with the hook.   In fact, you could say that regardless of the impact of social media doom-scrolling, understanding these persuasion techniques has been a winning strategy in courtrooms, and beyond, for generations.   So, get to the point, cut the small talk, lean into the hook and the best facts, and remember who you're talking to: tailor your presentation so that it resonates with a juror's brain.   Set up a free consultation today: https://www.calendly.com/elizabethlarrick   In this episode, learn how: Mediation focus groups help assess case value and strategy. Running focus groups early can provide critical insights. Each focus group builds on the previous one for better results. Timing is key; don't wait until the last minute. Lawyers should commit to at least one focus group per case. Links from this episode: Beyond Bullet Points: Using PowerPoint to tell a compelling story that gets results, by Cliff Atkinson Mark Lanier, Lanier Trial Academy - laniertrialacademy.com You can also watch today's episode on my YouTube Channel: The Hard Truth about Persuasion and the Lawyer Brain [Ep 161]   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.   Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

The Three-Phase Focus Group Strategy Every Trial Lawyer Needs [Ep 160]

You're not going to be one of those lawyers that only starts thinking about a focus group 30 days before the trial, right?   To make the most of the power and impact of focus groups, work backwards through this three-phase roadmap that helps you plan and prepare.   You will see, and feel, a remarkable difference in your confidence, arguments and ultimately, your case.   Why three phases?   This structure taps into the various stages of trial prep, and gives you focus groups that are appropriate and effective for the moment your case is in.   Whether it's in Phase 1 (Discovery), Phase 2 (Settlement/Mediation), or Phase 3 (Trial), focus groups reflect juror attitudes, bias and weakness detection, theme and damages testing, witness credibility feedback, and help lawyers make better settlement-versus-trial decisions.   Work with me to fine-tune this strategy and ensure you're getting the most out of your focus groups!    Set up a free consultation today: https://www.calendly.com/elizabethlarrick   In this episode, learn how: Mediation focus groups help assess case value and strategy. Running focus groups early can provide critical insights. Each focus group builds on the previous one for better results. Timing is key; don't wait until the last minute. Lawyers should commit to at least one focus group per case. I also talk in today's episode about a common misconception we have on how decisions are made for mediation. There is a dedicated episode on this topic, Episode 142, which you can find here:  Avoid This Mistake if You Plan to Use Focus Group Clips in Mediation [Ep 142]   You can also watch today's episode on my YouTube Channel: The Three-Phase Focus Group Strategy Every Trial Lawyer Needs [Ep 160]   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.   Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

Traditional Methods of Jury Selection are Broken! with Sharif Gray [Ep 159]

The jury selection process is changing and evolving. Are you willing to be bold and confront jury selection challenges head-on?   This was a popular and very actionable conversation that I had with Sharif Gray last year, where we talked about what could be broken with your jury selection.   We looked at assumptions and stereotypes that are often made, and I think it's a question worth returning to as we get deeper into 2026, when you may have trials coming up on the horizon. It could be very useful to consider these suggestions and tips when you're making important decisions on selecting, or deselecting, your jury members.   Sharif turns the tables on many standard approaches and perspectives, and suggests that instead, we take potential concerns and weaknesses and turn them to our advantage. In so doing, you will demonstrate credibility, authenticity, trust and respect, for the potential jurors, the judge and even the defence.   "We're there for fairness. So I'm looking for jurors who are going to do right by my client, but I'm also looking for jurors who are going to do right by the defense. Because it's not justice if you're  going to close your eyes and just vote for my side every day of the week." - Sharif Gray.   Sharif is a trial lawyer based in Richmond, Virginia, and the host of the Courtroom Stories and Tactics podcast, where he and his guests do deep dives on topics like voir dire, jury selection, the role of the legal system, and one of my favorites: focus groups! I was honored to be a guest on Sharif's show earlier this year.   In this episode, you will learn about: Challenges in Traditional Jury Selection Building Credibility with the Jury Starting Jury Selection Right Effective Communication Techniques Building Credibility in the Courtroom Handling Juror Bias and Concerns   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: Guest Sharif Gray of Broughton Injury Law. Find Broughton Injury Law here: graybroughton.com Reach Sharif personally at RVA Trial Lawyers: rvatriallawyers.com Listen to Courtroom Stories and Tactics, by RVA Trial Lawyers: rvatriallawyers.com/podcast/ Find my episode on Sharif's podcast: Mastering Witness Preparation Method and Focus Groups | with Elizabeth Larrick (Trial Consultant) The Voir Dire to Verdict training event is happening again! October 23, 2026. Click here for more info Email Sharif: triallawyers@rvatriallawyers.com  You can also watch this episode on YouTube here: Traditional Methods of Jury Selection are Broken! with Sharif Gray (replay) [Ep 159]   Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

Trial Strategy v. Trial Tactics: Why Lawyers Confuse Them and What it Costs You [Ep 158]

Are you confident in knowing the difference between trial strategy and trial tactics?   Because ultimately the question is, does your jury understand what you're doing?   Today, we're looking at how to identify a clear strategy as the overarching theme that guides the trial, followed by the tactics to achieve that strategy.   There's a risk of confusing the two, including wasted time and causing confusion for jurors. The best strategies combine preparation and flexibility when you're in the courtroom.   And remember, focus groups can test strategies early in the trial preparation process, showing you where to refine those strategies early.   In this episode: Confusing strategy and tactics can lead to juror confusion. Tactics should be flexible and adaptable during trial. Jurors expect consistency in case presentation. Wasting time on tactics without a clear theme can cost cases. Focus groups can help test and refine trial strategies early. You can also watch this episode on my YouTube Channel: Trial Strategy v. Trial Tactics: Why Lawyers Confuse Them and What it Costs You [Ep 158]   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.   Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect

Three Focus Group Questions You can Use to Reveal Hidden Case Weaknesses [Ep 157]

"What part of this story just doesn't hit you right?"   How would a potential juror answer that question? We're talking about gut feeling, instinctive reaction: something that's there, and they're trying to put their finger on it.   These are very good avenues to explore in focus groups, and can uncover emotional and cognitive responses that you weren't expecting.   Today's episode features three questions that are deceptively simple yet powerful in their nuance and framing. Successfully applying them will not only make your case stronger, but help you be much better prepared for what the other side is thinking as well.     In this episode:   Strategic questions can reveal case weaknesses effectively. There are hidden weaknesses in your case that you may not see. Asking jurors to explain the case in their own words can uncover confusion. Emotional responses are crucial in jury decision-making. You can also watch this episode on my YouTube Channel: Three Focus Group Questions You can Use to Reveal Hidden Case Weaknesses [Ep 157]   Are you a lawyer looking to run your own virtual focus groups? I have a free starter kit that can help you get started that includes checklists, questionnaires, confidentiality forms and more!  Use this link to download: https://elizabethlarrick.kit.com/diyvirtualfocusgroups   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.   Have a trial or mediation coming up and want to test with a focus group? Book a free consultation call with Elizabeth to learn more: www.calendly.com/elizabethlarrick Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect