John McKenna and Lou Mincarelli on Will Contests, Criminal Defense

What happens when a psychiatric social worker who spent 12 years inside the mental health system before going to law school teams up with a former Philadelphia DA prosecutor who took 60 jury trials to verdict, got nominated to the Chester County bench by two separate governors, and sat in every division of the Court of Common Pleas — and they both end up at one of the oldest law firms in Pennsylvania doing what they each love most? In this episode of the Trustcast Show, Zane Myers speaks with John McKenna and Lou Mincarelli of MacElree Harvey about the full landscape of what they do — from Orphan's Court will contests and guardianships for incapacitated adults to criminal defense and civil litigation — and why the collaborative arbitration model John pioneered is quietly changing how families and businesses resolve disputes in the Delaware Valley. Lou explains what collaborative arbitration actually is — a hybrid where parties still participate and present their case like in mediation, but the arbitrator can make a binding decision at the end if the parties cannot reach agreement themselves — and why knowing that the arbitrator can step in and decide actually tends to push parties toward resolution faster than either pure mediation or traditional arbitration alone. They also discuss what actually happens inside a police interrogation room and why police are legally permitted to lie to suspects, why Miranda rights only kick in during custodial interrogation and not at the moment of arrest, what the one conversation families refuse to have that costs them the most in estate disputes — communicating the reasons behind their estate plan while they are still alive — what Lou's biggest pet peeve was in his courtroom when attorneys repeatedly broke the rules of civility, why 60 jury trials taught him that you can never take any particular set of facts for granted with a jury, and why the cost of preparing for trial is the thing clients almost never factor in when they refuse to consider mediation or arbitration. John McKenna and Lou Mincarelli are partners at MacElree Harvey, one of Pennsylvania's oldest and most respected law firms, serving clients across Southeastern Pennsylvania, Delaware, New Jersey, and Maryland. Connect with John McKenna and Lou Mincarelli: maceleeharvey.com West Chester, Pennsylvania Chapters 00:00 Introduction to John McKenna and Lou Mincarelli of MacElree Harvey 00:38 First impressions — the judge meets the psychiatric social worker turned litigator 01:44 Lou's background — crime victim advocate, Philadelphia DA, 60 jury trials, two appointments to the bench 03:20 What Lou practices at MacElree Harvey — criminal, civil, family court, and mediation 04:40 What Orphan's Court actually is and why it is unique to Pennsylvania 05:27 John's role — wills, trusts, guardianships, and court-appointed mediator in Orphan's Court 06:52 My parent just died and the will is completely different from what we were always told — what is the first move 07:41 How mediation works in will contest cases and why it is usually resolved in one day 08:48 Why both mediation and arbitration exist — uncertainty, cost, time, and the risk of losing a case you should have won 10:42 Caucusing — separating parties and doing the arm twisting in separate rooms 11:50 The arbitrator explaining the difference between mediation and arbitration 15:18 Collaborative arbitration explained — putting people back in the process with a binding backstop 17:23 Is collaborative arbitration unique to Pennsylvania or to John's practice 18:25 The key advantage of collaborative arbitration — parties know how the arbitrator is leaning in real time 20:18 How arbitration differs from a jury trial — the cost and time savings explained 22:15 I just got arrested — what are the first two things I should do before saying a single word 22:35 Why police are legally permitted to lie to suspects and how interrogation tactics actually work 24:47 The misconception about Miranda rights — they only apply during custodial interrogation 25:55 When to speak and when not to speak — including federal grand jury subpoenas 27:27 Lou took 60 jury trials to verdict — what do juries most consistently misunderstand 28:42 How model jury instructions work in Pennsylvania and why attorneys have to hammer the law home in plain language 29:42 Can a judge overrule a jury — when and how 31:02 What happens when something prejudicial slips into a trial and whether a mistrial is the answer 32:25 Rapid fire — John on Sunday mornings, Lou on prosecution versus defense 33:27 The one conversation families refuse to have that causes the most estate disasters #JohnMcKenna #LouMincarelli #MacElreeHarvey #TrustcastShow #CollaborativeArbitration #OrphansCourt #WillContest #CriminalDefense #ChesterCountyLaw #PennsylvaniaLaw