Get in the Game Podcast from Jury Analyst

Send us Fan MailThis Best of Get in the Game episode brings together standout insights from leading plaintiff trial attorneys on what it really takes to prepare, frame, and try high-stakes cases. Featuring clips from Rex Parris, Dale Galipo, Ben Cloward, Keith Mitnik, John Uustal, Arash Homampour, Benjamin Crump, Russell Nicolet, and others, this episode highlights the practical trial wisdom, preparation habits, and courtroom strategies that shape powerful plaintiff advocacy.What This Episode CoversHow jurors read lawyers, clients, and the courtroom before testimony beginsWhy simple, direct storytelling matters in the age of short attention spansHow to address bad facts, bias, and juror skepticism earlyWhy focus groups and mock juries help reveal hidden case weaknessesHow voir dire can uncover subtle bias without making jurors defensiveWhy opening statements must give jurors context for the evidenceHow authenticity, visual storytelling, and damages confidence shape persuasionWhy venue-specific preparation matters in serious plaintiff casesHow collaboration within the plaintiff bar strengthens trial strategy

Send us Fan MailThe idea that one piece of evidence wins a case is a myth. The trial lawyers securing the most significant verdicts today operate with a different understanding. Jurors do not decide cases based on facts alone. They decide based on how those facts are framed, sequenced, and ultimately understood.This episode distills insights from some of the most respected plaintiff trial lawyers in the country, all featured on Get in the Game with Brian Panish. It highlights the strategic shift from instinct-driven advocacy to structured, data-informed trial preparation.In this episode, you’ll learn:Why evidence alone is not persuasive without the right interpretive frameworkHow sequencing and narrative architecture influence liability decisionsWhat jurors retain and why most information is lost without structureHow leading trial teams use focus groups and behavioral data to test cases in advanceWhy traditional emotional appeals can limit damages instead of increasing themHow to position damages as a question of value and justice, not just compensationFeaturing insights from:Ben ClowardKeith MitnikJohn TaylorArash HomampourDale GalipoRex ParrisRussell NicoletJohn UustalBenjamin CrumpEach of these trial lawyers has been featured on Get in the Game with Brian Panish, where they break down their approach to high-stakes litigation and verdict strategy.👉 Explore their full conversations in their respective episodes: https://getinthegame.juryanalyst.com/

Send us Fan MailThe upcoming podcast from our sister department group discusses a significant shift in how legal trials are prepared, indicating a departure from past methods. This transformation is driven by the emergence of advanced tools, which are fundamentally changing the approach to trial readiness. As a result, a growing disparity is observed between conventional, often experience-based preparation and newer, scientifically-backed methodologies. Relying on outdated, anecdotal strategies is becoming increasingly disadvantageous as more sophisticated, data-driven techniques gain prominence in the legal field.https://scienceofjustice.com/

Send us Fan Mail Brian Panish interviews Carmen Balber, the Executive Director of Consumer Watchdog, a nonprofit organization focused on protecting the interests of consumers and holding corporations accountable. Carmen has been a powerful voice in the fight for consumer rights, particularly in the areas of insurance, healthcare, and corporate responsibility. 

Send us Fan MailWhat separates truly exceptional trial lawyers from the rest? It's rarely what they teach in law school.Six accomplished courtroom veterans—Brian Panish, Sean Flaherty, Keith Mitnik, Jason Leonard, John Uustal, and Joshua Koskoff—share candid insights drawn from decades of high-stakes litigation. Their collective wisdom forms a practical roadmap for attorneys at any stage, but especially those working to establish themselves in the challenging world of trial advocacy.The journey begins earlier than many realize. These attorneys emphasize the transformative power of immersing yourself in legal practice during law school, absorbing the unwritten rules and developing intuitive skills through proximity and observation. Yet they remain refreshingly honest about the timeline—expect to "tread water" for several years before hitting your stride. Even veterans with decades of experience admit to experiencing pre-trial anxiety. The difference? They've learned to function effectively despite it.For new lawyers preparing for their first courtroom experiences, the advice challenges conventional wisdom. Perfection isn't necessary—authenticity is. When you thoroughly prepare and genuinely believe in your case, minor technical imperfections actually make you more relatable to jurors. This permission to be human while maintaining high professional standards liberates attorneys to focus on what truly matters: thorough preparation, strategic case framing, and passionate advocacy.Beyond the courtroom, success requires intentional networking, exceptional client service, and embracing collaborative approaches. The strongest advocates recognize that mentorship and knowledge-sharing create collective strength against well-resourced opponents. Through every challenge, maintaining your authentic voice while incorporating lessons from those who came before creates a sustainable foundation for a meaningful career in trial law.Ready to transform your approach to trial advocacy? Subscribe now for more practical insights from the profession's most accomplished practitioners.

Send us Fan MailWhen high-stakes trials involve punitive damages, the real battle often begins long before opening statements. In this episode, we unpack the overlooked art of selecting a jury that’s equipped—not just to assess liability—but to deliver meaningful punishment when it's warranted. From religious objections to financial bias, from voir dire blind spots to strategic pretrial motions, we explore how trial lawyers can avoid critical mistakes and build a jury prepared for both phases of trial.Featuring insights from guest expert Sean Simpson, author of Punitive Damages: The Lawyer’s Tool for Shaping Society, this episode reveals why jury selection is never just about liability—it’s about everything that comes after.

Send us Fan MailThe first words in a trial can make or break your case. This Best of episode analyzes some of the top litigators' most compelling opening statements. Learn how expert trial lawyers use storytelling, framing, and strategic pacing to build trust, dismantle defenses, and ensure jurors see the case from their perspective from the very start. Listen to some of the greats as they talk to Panish about it all. 

Send us Fan MailThis podcast episode discusses California wildfire litigation, focusing on the legal claims, evidence, and challenges in proving liability against utility companies. Plaintiff attorneys describe common claims (negligence and inverse condemnation), damages (property destruction, landscaping, economic and non-economic losses), and the difficulties of proving liability due to destroyed evidence. The bankruptcy of PG&E is examined as a case study, highlighting the unfairness of the bankruptcy system for wildfire victims. Finally, watch a preview replay(Prior to the 2025 LA Wildfires) of a full interview with plaintiff attorneys Mike Kelly and Gerry Singleton, who have extensive backgrounds in fire litigation.

Send us Fan MailUnlock courtroom success with our latest podcast episode, where we explore the innovative Jury Simulator tool transforming trial preparation. Learn how machine intelligence creates virtual focus groups with AI-powered jurors, enabling attorneys to test and refine their strategies in a sophisticated and cost-effective manner. Hear firsthand from lawyers who use this technology to anticipate juror reactions and uncover case weaknesses, while AI analyzes demographic data, social media activity, and cognitive biases to provide a realistic glimpse into jury behavior. Discover how the Jury Simulator blends human insight with machine intelligence to enhance legal strategies, from virtual focus groups to real-time feedback during depositions, revolutionizing legal practice and paving the way for a future where technology and tradition work together to ensure fairer, more informed judicial decisions.For a deeper dive into these groundbreaking advancements and their impact on the legal field, listen to the full story on our sister podcast station, Science of Justice. Gain exclusive insights, expert interviews, and comprehensive analyses that will enrich your understanding of how technology is reshaping justice.Learn more @ https://scienceofjustice.com/

Send us Fan MailListen to the full episode at : ScienceofJustice.com At the SoJ, we believe in simplifying legal proceedings while prioritizing unbiased examination of evidence and human experience. Through our expert interviews, we provide valuable insight into juror perception, enabling informed decision-making. Our focus on Real Science, Real Data, in Real-Time ensures accuracy and timeliness.New episodes at ScienceofJustice.com 

Send us Fan MailIn this monumental episode join Brian, Dr.Chris, and the real-life Moneyball stars as they discuss how the advanced strategy used in professional sports can also be applied in the courtroom. Learn how to optimize your case for maximum value by using analytics to identify the strongest arguments, evidence, and even team members.   So if you’re looking to take your courtroom strategy to the next level, don’t miss this episode! Tune in now to get an inside look at how the "teams" use data-driven litigation strategies. Hear stories of success and failures, tips and tricks to help you succeed, and gain insight into how analytics are critical tools for today's practitioners. 

Send us Fan MailBrian Beckcom is a trial lawyer with years of experience under his belt. Specializing in Maritime law,  he made headlines for representing the interests of Richard Phillips in  Abdiwali Abdiqadir Muse  - the trial made famous by Tom Hanks' portrayal of 'Captain Phillips'. As a result, companies began to employ independent security contractors to protect their vessels and crews and saw their safety & profit margins improve. In our exclusive interview, trial lawyer Brian Beckcom will share his insights into Maritime law and discuss the implications of applying data science to trial preparation.

Send us Fan MailWhen it comes to trials, the stories you tell can make or break your case. Whether it's the story of a BP/Deepwater Horizon explosion, a George Floyd Civil Rights Case, or even two back-to-back Bakersfield record verdicts, we've seen the power of storytelling in courtrooms time and time again.It's not just about what you say—it's about how you say it. When you're crafting your argument during trial, you need to think about more than just facts: You need to consider how those facts will affect jurors' opinions and judgments of your client. In order to do this effectively, you need to be able to craft compelling narratives that connect with people on an emotional level—and that's where our team comes in to measure that impact before your actual delivery!Panel:Jeffery Breit @  Breit Biniazan Daniel Rodriguez @ Rodriguez & AssociatesAntonio Romanucci @ Romanucci & Blandin

Send us Fan MailBonus Track - [Office Hours] Russell Nicolet and I take a look at what makes a good case summary and how this fits into an overall strategy for a mock jury or big data research focus groups. About the speakers here:Russell Nicolet is the founder and managing partner at his family's law practice with over a dozen offices throughout MN & WI dedicated to helping his clients and other plaintiff lawyers through innovative industry collaborations. Dr. Christopher Brydges is an accomplished Behavioral Scientist at Jury Analyst with experience in market research, data analytics, and survey design.Christopher holds a Ph.D. in psychology from the University of Western Australia and is an internationally recognized expert in the field of behavioral statistics and research design.With over ten years of experience in academia and working as a statistician internationally, he has published 39 peer-reviewed papers to date.

Send us Fan MailKenneth Foard McCallion a Former DOJ/NY State Prosecutor and still top civil litigation attorney discusses his newest book with another world-class attorney John Uustal, our show host. Listen to some of the behind-the-scenes landmark legal cases of our time.  John and Ken compare their sovereign immunity breakdowns. 

Send us Fan MailWe caught up with our “superhero” as his colleagues refer to him in a rural venue, where any high verdicts chances are slim but we all did the proper math on a premises liability case and Jason didn't back down! (prediction was ~8% diff)A self-reported old dog with “new tricks” finds some buried treasure. Jason is Morgan & Morgan’s go-to last-minute specialist talks tech and his role in the giant.

Send us Fan MailWhat does improv have to do with trial advocacy? Everything. In fact, you could argue that the two are one in the same. They both rely on stories and how you tell those stories.Brian Breiter & Joseph Limbaugh sit down with this week's host Moze Cowper 

Send us Fan MailPunitive damages are awarded to a plaintiff in addition to compensatory damages. Punitive damages are awarded when the defendant's conduct is especially egregious. In addition to compensatory damages, punitive damages are intended to punish the defendant for his or her actions and discourage similar conduct in the future. Punitive damages may be available when the defendant is particularly malicious or when the defendant’s actions are intentional.Punitive damages are awarded at the discretion of the jury and are based on their opinion of what amount is necessary to deter similar conduct in the future. In some states, punitive damages are limited by statute or case law.The amount awarded by the jury is usually based on several factors:the maliciousness or willfulness of the defendant's actsthe degree of aggravation or harm caused by those actsthe financial resources of the defendantIn most cases, punitive damages are only available in civil cases where compensatory damages are available.

Send us Fan MailThe Anti-Asian sentiment has been steadily increasing for a few years now, and with it so have hate crimes against Asians.The alarming trend has reached an unprecedented level this year as there have been more than 20 reported anti-Asian incidents this year alone.Join us for this podcast and learn how implicit and explicit bias affects jury selection with the SJQ process. 

Send us Fan MailTwo Brian's better than one!  Brian Dunn (Civil Rights Atty & OJ Simpson trial team)  joins Brian Panish for a civil justice discussion around the George Floyd jury selection starting with the question, 'what do you think about the justice system today' Find out more. 

Send us Fan MailFrom the DA's office to Insurance to finally a Plaintiff’s career path, Mr. Paboojian has litigated over 55 jury trials to verdict and continues to advocate the best for his clients. He also encourages all lawyers to get in the game, no matter how scary it seems at times. Plus, we'll discuss what we’ve learned from employment litigation in conservative areas.  

Send us Fan MailTrial Lawyers join the science group discussion and the post podcast results speak for themselves.  As Brendan's case here resolved at $4.7m out of our predicted max of $4.3m!

Send us Fan MailThat’s right ladies and gentlemen we’re turning the corner into a new age. This space requires a whole different approach. Are you ready to take on this challenge? I think you might feel the pain, as I have, stretching beyond my normal routines but I gotta tell you once you reach the other side you’ll see things much clearer and wake up with a refreshed view of your profession. And who knows, maybe it’s the positive silver lining you've been waiting for!

Send us Fan MailThis set up a model of experience, critique, and post-critique to help student lawyers become better. With video (streaming), Guy states "a two-week trial could be done in 3 days!".In this episode you’ll learn:The obstacles faced when he wanted to use video and audio evidence.About a Judge in Sandusky Ohio using Pre-recorded Video Tape Trials.How past obstacles apply today with a virtual trial.The one HUGE advantage to video transmission.The most important features of a mock trial to replicate.His technique he uses in appellate court arguments.

Send us Fan MailUse multiple, representative samples of screened participantsMultiple groups allow generalization and greater confidence in patternsObjective, behavioral scientist moderates focus groupConducted in from the comfort of participant’s homeSimulates live discussion among participantsExamine how individuals affect others’ expression of emotions and verbal responsesRecords each participant’s facial expressions for offline analysisRecords text of each participant’s speech for offline analysisMultiple channels of dataSurvey responsesFacial expressions of emotionLinguistic analysis of speech to reveal more dimensions of personalityLearn more about live focus groups. 

Send us Fan MailRex discusses his legal team including Robert Kennedy,Jr, John Morgan, and Brian Panish for the amazing challenges and corruptive affairs of Oil & Gas or other similar mass torts targeted industries.  "I have never seen anything this scandalous".For lawyers that are gonna get involved with the oil industry, you have to be prepared when there are "no rules." You look no further than Exxon whose own reports 50 years ago said climate change is caused by what we're doing, let's keep it a secret and let's get ready to drill when the ice melts on the North Pole!Further Inspirations:https://www.imdb.com/title/tt1787816/https://www.imdb.com/title/tt1294164/https://www.imdb.com/title/tt9071322/

Send us Fan MailMr. Parris takes another deep dive science approach to his voir dire and lets you know what's about to happen in the future.Now is a good time to learn from someone who has invested years of cutting-edge research into his practice as well as other plaintiff trial law firms.

Send us Fan MailTo kick-start the new year and decade, the team at Jury Analyst sat down with Brian Panish to answer some listener questions. Brian is one of the country’s leading trial attorneys, so we’re grateful for his time and hope you find his tips as interesting as we do.

Send us Fan Mail He shares his insight into what it’s like as a lawyer to write books. How he approaches trials as a story or play to show people the truth that is emotionally engaging. The most important thing to provide jurors in the opening statement. Unique strategies he uses in jury selection to unearth as much information possible. The challenges of Tobacco litigation.

Send us Fan Mail The experienced gained working for an insurance defense firm. His advice to young lawyers aspiring to open their own firm. The strategy he uses to uncover bias jurors during voir dire. The challenges of employment law and how to navigate them. Insights into wrongful death and personal injury.

Send us Fan Mail Chris Dolan’s journey from leaving high school in the bottom fifth of his class to graduating Georgetown Law with high honors after the school rejected him TWICE!! His tongue lashing of a Georgetown Law professor who demeaned the value of plaintiff’s lawyers in society Tips on developing a healthy mindset for starting your own firm—Chris accomplished this goal with only $5K, 2 PCs, and a coaxial cable! How he utilized the mindset of ‘going all in’ with everything you set out to achieve in order to help craft new laws for patients’ rights, litigate the 1st wrongful death case against Uber by suing for product liability, and receiving multiple multi-million dollar judgments in a post 9/11 employment discrimination case Learn the importance of getting involved in trial organizations for younger lawyers

Send us Fan Mail Why it’s important for plaintiff lawyers to be involved in justice associations. How attending the Gerry Spence college and learning the methods was a watershed moment in his life. How he developed the “Secret Sauce” from some of the greatest minds using different methods. How he got two of the top 100 verdicts in 2018. How to get a massive judgment in a comparative fault case.

Send us Fan Mail An eye-opener that happened in 1999 that yielded a verdict of $4.9 billion dollars. Insights into his largest case verdict where a vicious beating by security personnel caused traumatic brain injury. His strategy of using mini-opening statements and why it’s important. How he uses polarizing as a tool in his cases. California fires and interesting facts we are learning.. 

Send us Fan Mail The procedural history of back and forth he experienced with the Sandy Hook case against the gun industry. What it’s like to grow up in a family and in a law firm with three-generations of lawyers. How he got a 22.5 Million verdict on a retrial.  How he got involved in taking on the gun industry and the challenges he faced. The claims he filed under in order to keep the case in state court.  

Send us Fan Mail  Sexual harassment, sexual assault, and sexual abuse cases. The changes in how people view sexual harassment cases. The effects of the Cavanaugh hearings have had on these types of cases. Why it’s important for young attorneys to get involved in associations. Advantages/disadvantages of being a woman lawyer.  

Send us Fan Mail How to use opening statements to come out of the blocks ahead. Aspects of how jurors make up their minds at the opening statement. How to nail the opening statement. Methods he uses to prepare his opening statement. The technology he uses in his opening statement.  

Send us Fan Mail What motivated Robert to become a plaintiff attorney. His secret to growing his firm and support staff. What kinds of cases he specializes in and how many lawyers he dedicates to each case to be sure they are covered properly. His criteria for delegating expert depositions, motions, and summary judgments to the proper team. How he chooses the right lawyers for each trial and how he determines who goes where/i.e. the most important criteria. What crucial elements to preparing a spine injury case and getting them in your favor verdict out of the jury. His view on the landscape of the legal industry and how he has started using data analysis to help him win. His take on supplemental juror questionnaires (SJQs) and the hurdles to get them approved.

Send us Fan Mail The companies Reuven’s started and how technology is helping the law industry streamline operations and marketing. How to market your law firm using mobile technology. How he built the most high-tech, high-performing law firm. The driving force of thinking about what consumers want today. How he is using technology to deal with over 3 million inquiries per month for Morgan & Morgan, the country's largest firm.

Send us Fan Mail  What he learned as a defense lawyer earlier in his career to help him be successful as a plaintiff lawyer. How he goes about getting more cases. Why he is a member of American Board of Trial Advocates (ABOTA) and how it’s helped his career. His experience with unreasonable conduct in court and what a jurors perception of it is. Some of his favorite record verdicts. How he confronts and deals with conservative jurors.

Send us Fan MailIn this episode we cover:   The most important skills for young lawyers to develop and ways to help them become successful trial lawyers representing people. The 100 Million Dollar fuel tank case that ended up getting the Governor of Illinois indicted. The key things in the Double Amputation case that lead to a $96 Million dollar verdict. How Joe likes to use animations and demonstrative evidence when he tries a case. The largest medical malpractice case verdict in the history of Illinois.

Send us Fan MailIn this episode we cover: How Sean deals with managing a firm of 42 lawyers and over 140 personnel. The role discipline plays in his success and the firm’s success. Dealing with voir dire and the concept being new in Massachusetts. The challenge faced with getting the legislature and judicial body to buy into allowing voir dire in the state. The roles he pushes his trial lawyers to play to help their client’s outside of the court. The action he takes to help his firm get new cases.

Send us Fan MailIn this episode we cover: Open policy scenarios & how to recover monies from them. Tortious breach of contract. Consequential economic damages. Punitive damages. Delaying/not approving medical treatment. And more...

Send us Fan MailIn this episode we cover: The great Plymouth Mail robbery case. The Boston Strangler case. One of his greatest tort cases which settled for $38 million. His experiences with the polygraph and the George Edgerly case. His involvement in high profile court martial as a civilian lawyer. Insights about the Patty Hearst trial. The cross-examination of Detective Mark Fuhrman during the O.J. Simpson trial. His advice for young people who want to be trial lawyers.

Send us Fan MailIn this episode we cover:   The fields of study that have given Rex an unfair advantage in the courtroom. The best type of books all lawyers should read. What is NLP (Neuro-Linguistic Programming) and how to use it. Using mirroring in the courtroom. Preparing cases using Mind Mapping. The nonverbal cues and the six facial expressions he looks out for. How Facial Coding can help your verdict.

Send us Fan MailIn this episode we cover: How to get started as a plaintiff lawyer. How he uses data-driven jury selection and why it works with unbelievable precision. The process of using online focus groups to collect statistically significant data. Using psychographics to get a good profile of any potential juror  How small firms can cost-effectively use analytics and data for their cases.

Send us Fan MailIn this episode we cover:   What to look for if someone has a meritorious insurance bad faith claim. Why punitive damages are important in an insurance bad faith claim case and his strategy to obtain them. Cases that were exempt from the excessive damages law. How punitive damages deter insurance companies from denying claims. Historically the only facts that come into the second phase of an argument. The tension between the financial condition and the egregiousness of the conduct.  

Send us Fan MailDale Galipo covers the following:  How he started getting civil rights cases from previously practicing criminal defense law The procedural challenges he faces in federal court and how to overcome them How to convince a federal judge to allow you voir dire The strategy to use when you only have 15 minutes for voir dire 2 things to explain to a jury to show inconsistencies How to break down your argument when the judge only gives you 8 hours

Send us Fan MailJohn Gomez covers the following  The characteristics he looks for in new lawyers to bring aboard his firm. The favorite part of a trial that he succeeds How his experience with the trial lawyers college has helped his practice. Why speaking and seminars are a must for success. How to combat “the sudden or medical emergency defense”.(California)

Send us Fan Mail-How to manage over 400 lawyers. -Using the "Send/Delete Test" to filter employees. -Grading employees to identify weaknesses. -Using software in the practice of a personal injury lawyer. -Tips about marketing your law firm. -Using wine to get referrals.

Send us Fan Mail-How Arash uses a lot of technology, what he likes to use and what works. -How to take a premise that occurred and shows it visually to the jury. -Creative ways to use animations in a trial. -How focus groups help you identify the wacky, unpredictable, important or prejudicial issues that jurors hold on to. -Using questionnaires to get the jurors’ process of negative thoughts, opinions, and issues out so you can get through a quicker jury selection.