Picking Justice

Federal court voir dire is often "judicial speed dating" — sometimes just 25 minutes to question 55 strangers. Brett Schreiber of Singleton Schreiber pulled it off before landing a landmark verdict against Tesla, and he joins hosts Harry Plotkin and Dan Kramer to unpack how he picks juries under brutal time pressure. Brett shares his "two cups and a pitcher of blame" framing for shared-responsibility cases, why he primes reluctant jurors to say "yes" before diving in, and why emotional intellige

Most trial lawyers walk into voir dire with a script and a checklist. Throw both out, says Mel Orchard of the Spence Law Firm in Wyoming, a member of the Inner Circle of Advocates. He opens instead by asking jurors whether anything affected them on the way in that morning — then stays silent for a long time. Talking with hosts Harry Plotkin and Dan Kramer, Mel explains why preconditioning doesn't work, why he no longer lets the panel debate the case in real time, how a personal share draws the p

Imagine trying a case with clear liability and catastrophic damages, with each day of evidence going your way — and still walking away with a defense verdict. That 2018 loss shaped Nevada trial lawyer Kimball Jones' voir dire philosophy and the verdict run that's followed: at least 12 seven-figure verdicts plus multiple eight- and nine-figure results since 2019. Kimball joins hosts Harry Plotkin and Dan Kramer to unpack his approach — starting with the passions question to build rapport, signali

The way employment litigator Bernard Alexander sees it, the beauty of these cases is that most jurors are employees. At voir dire, the plaintiff’s lawyer’s job is to get jurors to slip into their client’s shoes. In this conversation with hosts Harry Plotkin and Dan Kramer, Bernard describes how he does that. His experience includes winning $136 million against Tesla in what was the largest single plaintiff harassment verdict in the U.S. at the time. “I get people talking,” he says. “But the peop

Some corporations may be “evil.” Others may be “heroes.” Good or bad, they’re made up of people. “Just saying ‘it's a company’ isn't enough. What company? What does the company do? And who are the people in the company?,” says Jennifer Keller, speaking from her experience going up against and representing companies. She recommends finding out what kind of company you’re representing – like the upstart with a doll that competed against Mattel – and what your corporate client actually does – like

David deRubertis, one of California's preeminent employment trial lawyers, once had a streak of consecutive trials resulting in eight-figure verdicts. And yet he hates jury selection. How did he move past that? By embracing what comes naturally to him and how his mind works. In this conversation with hosts Harry Plotkin and Dan Kramer, David describes how he’s leveraged that lesson to persuade jurors to shift their focus in an employment case – where anger, not necessarily emotional distress, of