Best Practices with Kenny Berger

Rebuttal is one of the most high-pressure moments in trial - and also one of the most powerful.In this episode, trial lawyer Brian Ward joins host Kenny Berger to break down how to deliver a clear, strategic, and emotionally resonant rebuttal. From knowing when to hold back in closing to anticipating defense arguments and reframing them with precision, Brian shares practical insights on how to structure rebuttal for maximum impact.They also cover the emotional and human side of rebuttal—how to speak with authenticity, slow down when it matters most, and leave jurors with a sense of purpose heading into deliberations.Whether you're working within tight time limits or looking to refine your structure, this episode is packed with tactical advice and storytelling strategies to help you close your case with confidence.

In this episode of Best Practices with Kenny Berger, trial lawyer Joseph Wilson joins Kenny to share how he approaches one of the most powerful moments in trial: the closing argument.Joseph breaks down how voice, tone, and timing can amplify a closing—and why non-economic damages deserve the deepest preparation. From working with clients to understand what was truly taken from them, to helping jurors advocate for justice in deliberations, this episode is packed with strategies to make your closings more persuasive and impactful.

In this episode, attorney Kenny Berger sits down with trial lawyer Stephen Williamson to unpack the preparation and strategy behind a $117 million verdict.Stephen shares how relentless pre-trial work—focus groups, recorded mock cross-examinations, psychodrama sessions, and sophisticated economic modeling—positioned the plaintiff for success long before trial even began.If you're serious about sharpening your approach to trial prep, case framing, and client storytelling, this episode is packed with lessons you can apply to your next big case.

In this episode of Best Practices with Kenny Berger, trial lawyer Stuart Ratzan shares how smart case selection can shape not only your docket—but your impact.Stuart dives into what makes a case truly worth taking, from identifying systemic issues to using focus groups as a tool for evaluating jury resonance and refining trial strategy. You'll learn how to:Spot cases that highlight systemic failuresUse focus groups to test liability, narrative, and damagesAvoid cases that lack clarity, consensus, or emotional weightWhether you're evaluating your next case or rethinking your intake criteria, this episode offers practical, values-driven guidance on choosing cases that matter—to juries and the community.

In the Season 5 premiere of Best Practices with Kenny Berger, attorney Nick Rowley joins Kenny Berger to share the strategy and storytelling behind his $37 million verdict in a high-stakes trial.Nick dives into how cross-examination can be used to advance your case—not just tear down a witness. He discusses how to adjust your tone, pace, and pressure depending on jury feedback, and why sometimes the smartest move is stepping back to let co-counsel take the next witness.From turning defense experts into plaintiff witnesses to delivering a closing argument that reframed non-economic damages as fundamental rights, Nick breaks down what it means to be both aggressive and adaptive in the courtroom.The episode also explores the value of deep client relationships, trial team collaboration, and how preparation wins cases.

In the final episode of Season 4 of Best Practices with Kenny Berger, attorney Alan Hamilton of Shiver Hamilton Campbell dives into the strategies required to identify additional claims in catastrophic auto cases, proving that success often lies in looking beyond the obvious defendants and digging deeper into the facts.Listeners will learn how to uncover hidden avenues of liability, from vehicle defects and maintenance failures to construction zone conditions and DOT oversights. Alan highlights the importance of thorough investigations, including crash reconstructions, maintenance history reviews, expert analysis, and more to establish causation in challenging cases and build stronger, more successful claims. If you're a trial lawyer handling catastrophic cases, this episode will give you actionable strategies to uncover the full scope of liability and maximize your client's recovery. 

In this episode of Best Practices with Kenny Berger, renowned trial attorney Zoe Littlepage shares her expertise on the power of visual storytelling in the courtroom. Zoe highlights how effective visuals can engage modern jurors and how meticulous preparation can make or break a trial presentation.Zoe explains how to use visuals strategically throughout a trial, from opening statements to closing arguments, and even in cross-examinations. You'll also learn how specific techniques can enhance your presentation and keep jurors focused.Whether you're looking to sharpen your trial skills or completely revamp your approach to courtroom presentations, this episode is packed with practical advice that will elevate your practice. Tune in to learn how to harness the magic of preparation and the impact of visual storytelling to connect with jurors and win cases.

In this episode of Best Practices with Kenny Berger, we're joined by Dan Ambrose, founder of Trial Lawyers University (TLU), to discuss the techniques and strategies that make cross-examination highly effective. Listeners will discover key cross-examination skills such as looping, pacing, and glance control. Dan also explains how strategic use of visual aids can reinforce key points and how eliminating filler words boosts clarity and confidence during trial.Beyond techniques, Dan highlights the importance of preparation, intentional practice, and building confidence through repeated success. This episode is packed with actionable advice for trial lawyers looking to elevate their skills and connect with juries more effectively during cross-examination. 

In this episode of Best Practices with Kenny Berger, we are joined by Dr. Dawn Sheehan, a clinical and forensic psychologist, to discuss the role of trauma-informed practices in the legal field. Dr. Sheehan shares her expertise on understanding and supporting clients affected by trauma and PTSD, offering valuable insights for attorneys who want to approach these cases with sensitivity and effectiveness.Dr. Sheehan breaks down the impact that trauma and PTSD can have on clients' lives, including how it affects their behavior, relationships, and ability to participate in legal proceedings. For presenting trauma-related damages, Dr. Sheehan explains strategies such as using expert testimony, collateral information, and even psychodrama techniques to help convey the full scope of a client's experience.Tune in to learn how a trauma-informed approach can enhance your legal practice and better serve clients facing PTSD.

Trial lawyer Tom Grillo joins host Kenny Berger to share his insights on one of the most crucial aspects of trial work: jury selection. Tom offers real-world advice on how to build authentic relationships with jurors, address tough case facts head-on, and remain genuine during the entire process.Listeners will learn: Why it's essential to allow jurors to speak openly, even about sensitive topicsHow to create a trusting atmosphere and shape a more impartial panelHow personal connections can sometimes outweigh conventional strategiesTune in to hear how honesty, preparation, and empathy can lead to a winning trial team and stronger connections with your jury.

In this episode of Best Practices with Kenny Berger, trial attorney David Holt of Smith Law Center in Hampton, VA, joins us to share the story behind his $10 million verdict in a traumatic brain injury (TBI) case in Muskogee, Oklahoma.Holt's client, a factory worker, sustained a mild TBI after a factory explosion at a Georgia Pacific plant. Despite no visible imaging evidence, Holt masterfully focused on telling the human story—highlighting the profound impact the injury had on his client's life. Over the course of the 8-week trial, he balanced medical facts with compelling testimony from witnesses, including physical therapists, and emphasized the client's lost experiences as a grandparent.This episode offers valuable takeaways on:jury engagementdamages presentation, and the power of humanizing your client's story. Don't miss out on the strategies that helped Holt secure one of the largest brain injury verdicts in the county's history.

In this episode of Best Practices with Kenny Berger, we sit down with Keith Bruno of Bruno Nalu and Trial Lawyers for Justice to explore the journey behind his record-setting $857 million verdict against Monsanto. Keith opens up about the intense preparation, strategic adjustments, and teamwork that were crucial to achieving this monumental outcome in a challenging PCB exposure case involving a Seattle school.In this episode, you will gain insight into:How Keith adjusted his typically aggressive trial style to better connect with the Seattle juryThe importance of a team-oriented approach, with clear roles and mutual support, to tackle complex scientific and medical information with confidenceHow respecting the jury's intelligence and focusing on delivering clear information played a pivotal role in their success.This episode dives deep into the mindset and methods required to handle high-stakes litigation, revealing the lessons Keith has carried forward into his practice. Tune in to hear how this landmark case has reshaped Keith's approach to law and set a new standard for excellence in the courtroom.

In this episode of Best Practices with Kenny Berger, Kenny is joined by seasoned mediator Marc Harwell to dive into mastering mediation from the mediator's perspective. With over 35 years of experience in civil defense and a dedicated focus on mediation since 2014, Marc shares insights into what it takes to achieve successful outcomes in complex cases, including:Effective communication well in advance with your adversary, mediator, and clientMaintaining credibility and being a voice of reason throughout negotiations Listening and arming the mediator with information/narrativesFocusing on issue resolution rather than just number exchangesThis episode is packed with practical advice on how to prepare, start, and work through negotiations, as well as techniques for breaking impasses and sealing the deal. Tune in to learn how to elevate your mediation practice and gain fresh perspectives on achieving successful resolutions.

Attorney Kenny Berger is joined by Las Vegas trial lawyer, Christian Morris, to discuss mastering cross-examination of defense experts in trial. Christian dives deep into the strategies that have helped her effectively dismantle expert testimony and secure justice for her clients. From thorough preparation to dynamic in-court tactics, Christian reveals the importance of:Researching an expert's background and the literature they rely on, Using visuals to clarify and contrast opinions, and Staying flexible during cross-examination.Whether you're a seasoned attorney or just starting out, this episode offers a wealth of knowledge that can elevate your courtroom practice to new heights. Tune in to learn how to turn expert cross-examination into a powerful tool in your legal arsenal.

Kenny Berger is joined this week by attorney Steve Williamson, a New York trial attorney, who recently achieved a $10 million verdict in a slip and fall case where his client had several pre-existing conditions. Steve shares how he built credibility with the jury to achieve this incredible result by:Embracing and fully disclosing weaknesses/challenges in his case upfrontTaking a reasonable stance on comparative faultUsing the defense's own evidence to construct his narrativeThoroughly covering the plaintiff's pre-existing conditions to prevent the defense from exploiting them

A good case often starts with a bad defendant and a worthy plaintiff. Attorney Steven Debosier of Dudley Debosier in Louisiana joins Kenny this week to discuss finding the villain in your case. In this episode, you'll hear about how to:Focus on finding the "villain" in the case - the party truly responsible for the harmConnect the damages directly to the defendant's conduct through visuals and remindersAvoid getting bogged down defending against the defense's arguments - persuade the juryUse focus groups to identify the key issues that will resonate with jurors

Kenny Berger is joined by attorney Mike Alder of AlderLaw in Los Angeles to discuss taking action quickly in your cases to maximize case value and build a reputation that yields results for years to come. In this episode, they'll cover: Understanding how the defense views casesWhen to take depositions to secure better offers and quicker substantial settlementsWhat to send before a mediation and whenBuilding a reputation by consistently being proactive in your cases

Kenny Berger and attorney Morgan Adams of Truck Wreck Justice in Tennessee and Washington discuss the best practices for maximizing recovery for your client in a catastrophic truck crash cases. Tune in for a true truck wreck masterclass. In this episode, you'll learn about:Investigating potential additional insurance coverage from shippers, brokers, trailers, and insurance companies themselvesSending duty to disclose insurance letter to ensure all policies are revealedSuing insurance companies for negligent credentialing of driversUncovering root causes of the crash and identify all potentially liable parties

In this week's episode of Best Practices, attorney Kenny Berger and producer and filmmaker Nick Veser of Liberty Link Media discuss the benefits of using journalistic client documentaries to communicate to opposing counsel what your case is worth and what is going to happen if your case goes to trial. To get in touch with Nick, visit libertylinkmedia.com. Click here to view the video Nick and Kenny reference throughout podcast episode. 

In this unique episode of the Best Practices podcast, special guest host Mark Bringardner interviews Kenny Berger of the Law Offices of Kenneth Berger and attorney Brian Ward of Trial Lawyers for Justice about their recent $26 million settlement in a child injury case where a young boy suffered chemical burns from an over-chlorinated resort pool. Kenny and Brian take us through the many twists of the case including a mea culpa letter, fraud, two dismissed settlement opportunities,  countless depositions, and an unexpected third layer of coverage for $15 million.  Tune in to see how an this team secured the full policy limits after initially sending out a demand letter for $800,000. 

In this week's episode, Kenny Berger and Nashville attorney, Phillip Miller, discuss the Miller Mousetrap - a proven deposition technique aimed at getting admissions from witnesses - and other advanced deposition strategies. Tune in for actionable tips that will help you take more effective depositions. 

This week Kenny is joined by Danny Cornell of Cornell Injury Law in Mount Pleasant, Iowa, to discuss the notion of how doing the right thing - what you view is morally  and ethically correct - can be profitable in many areas, including the bottom line. Listen in for an inspiring conversation that will influence your communication, mindset, and practice of law. 

Kenny Berger is joined this week by attorney Jay Vaughn of Hendy Johnson Vaughn Emery in Kentucky to discuss the growth mindset and the steps Jay has taken to level up in the legal field. Throughout the episode, they talk about the value of networking, organization & prioritization, and simply doing the work to rise to the top of the field. 

We're back for season 4 of Best Practices with Kenny Berger! Our first guest of the season is Brian Snyder of Snyder & Wenner in Scottsdale, AZ. Brian joined Kenny to talk about his recent $31.5M verdict in a birth trauma case against Banner Health in Arizona. Brian shares specific tactics he used in the courtroom to build trust with witnesses and ultimately the jury to achieve this record-breaking verdict.

Kenny Berger is joined by attorney Elizabeth Larrick of the Larrick Law Firm to discuss client and witness depo prep. Elizabeth walks us through her three step process to prep clients and witnesses for deposition, including: understanding their mindset, organizing their thoughts, and practicing cross examinations. Elizabeth also hosts the Trial Lawyer Prep podcast. 

In this episode of Best Practices with Kenny Berger, Kenny is joined by attorney Michael Leizerman of the Law Firm for Truck Safety. Michael shares his thoughts on best practices for trial lawyers through an easy-to-remember acronym: IMHO - Immersion, Morality, Healing, and Offensive. Listen in to hear numerous stories and examples of how Michael puts this acronym to action to achieve full justice for his clients. 

In part 2 of our episode with attorneys Brian Ward and Erin Powers of Trial Lawyers for Justice, Kenny, Brian, and Erin discuss the human story behind the case, how the case affected the interests of far more than just one person, and how they used Irving Younger's "Crazy Goat" to achieve a $63 million verdict. 

In this week's episode of Best Practices, Kenny Berger is joined by guest attorneys Brian Ward and Erin Powers of Trial Lawyers for Justice. In part 1 of this 2-part episode, Brian and Erin share the many fears and challenges they faced taking on big oil and how they ultimately overcame them to secure a $63 million verdict. Stay tuned for Part 2 coming on Wednesday, October 11!

Kenny Berger and guest attorney, author, and performer Lauren Fraser of Einhorn. Barbarito discuss how she harnesses her creative  background to get incredible results in a historically difficult venue. From storytelling to character development, Lauren gives helpful tips on how to simply frame and present your client's story in a compelling way that makes the jury care. 

In this week's episode of Best Practices, Kenny Berger is joined by attorney Danny Ellis of Truck Wreck Justice, PLLC and the Keenan Trial Institute to cover all aspects of taking an effective deposition. Tune in for an episode full of tips that will change how you approach depositions, including using focus groups to map out your depo, reviewing video footage to understand your deponent's psyche, and more.   

This week Kenny Berger is joined by attorney Joe Camerlengo of the Truck Accident Law Firm to talk all about truck crash law: why truck cases are different, advocating for safety and meaningful change in the trucking industry, and actionable tips on how to get more out of your truck crash cases. If you handle truck wreck cases, this is an episode you won't want to miss!

Kenny is joined by attorney Stuart Ratzan of Ratzan Weissman & Boldt in Coconut Grove, Florida, to discuss how to maintain credibility while arguing punitive damages. They dive deep into this topic this week, covering the role injury attorneys play in our society, value drivers for punitive damages, and how to empower jurors to take control of safety in their community. 

This week we are excited to share Part 2 of Persuasion is a Science with Attorney Rex Parris. In this episode, Rex shares the essential skills he believes attorneys must learn to successfully persuade their audience and the small changes he has made in his communication that make a big impact on results. 

In this week's episode, Kenny is joined by attorney Rex Parris of Parris Law Firm in Lancaster, CA. With an impressive list of verdicts under his belt, Rex shares how he uses metaphors, reversals, and mirroring to connect with a jury to achieve incredible results. 

In this week's episode, Kenny is joined by attorney Brian Breiter and Joseph Limbaugh to discuss Improv for Trial and how Brian and Joseph help attorneys improve their storytelling skills through improvisation, so they can better communicate with juries, judges, clients, and beyond. 

In this episode, Kenny and prominent civil rights attorney Antonio Romanucci of Chicago-based trial firm Romanucci & Blandin, discuss his involvement in high profile civil rights and mass shooting cases, including the historic civil lawsuit alongside Ben Crump against the City of Minneapolis and four police officers for the murder of George Floyd. Romanucci also shares what he does to build strong relationships with his clients as well as what he does to create a culture of wellness at his firm. 

This week, Kenny Berger is joined by Chris Finney of Finney Injury Law and Toni Schlapprizzi and Craig Schlapprizzi of Schlapprizzi Attorneys at Law to discuss a recent $20M verdict they achieved in August 2022. From overcoming challenges with proximate cause to hours of witness prep, they share all the details from the wrongful death case and how they were ultimately able to secure a record-breaking verdict for a loving mother. 

Kenny Berger and guest attorney, professor, and researcher John Campbell of Campbell Law LLC discuss using big data jury studies to identify the strengths and weaknesses in your case, determine its true value, and understand what the jury is thinking so you can make decisions with confidence. 

Best Practices with Kenny Berger is back for it's third season! In our first episode of Season 3, Kenny Berger talks with attorney Ben Glass of Ben Glass Law and Great Legal Marketing about how lawyers can build a practice that lowers stress, increases profits, and enables them to live a happier life. 

Kenny Berger is joined by Steve Gursten of Michigan Auto Law to discuss how he balances being a top-notch trial lawyer while also running a successful injury firm with multiple locations throughout Michigan. Steve shares insights on connecting with clients, hiring (and retaining) excellent lawyers, and becoming an incredible trial lawyer through continuous learning. 

Attorney Andy Abraham of Keches Law Group in Boston, MA,  joins Kenny for a second time on Best Practices to discuss a recent trial that returned an impressive $26.6 million jury verdict. Andy highlights the importance of defining your trial theme and sticking to the essential points in your case. 

Kenny Berger and guest attorney, Ken Levinson of Levinson & Stefani in Chicago, discuss the lessons Ken has learned after hosting hundreds of focus groups and achieving $500 million in verdicts. 

Kenny and guest attorney Arkady Frekhtman of Frekhtman & Associates in New York City have a dynamic conversation about how to market in the modern world to find and capture the cases you want and how to maximize case values. 

Kenny and guest attorney Joe Fried of Fried Goldberg in Atlanta discuss emotional awareness and how your emotional state can affect you, your clients, and how you practice law. 

Kenny and guest attorney Angie Perkins of Perkins Law in Boise, Idaho, discuss her first trial experience and how she achieved an impressive six-figure verdict for her deserving client. 

Kenny and guest Andy Abraham of Keches Law Group in Boston, MA take a deep dive on DTI, SWI, and other neuroimaging techniques and how you can use them to prove brain damage in a TBI case. 

Kenny and Chicago attorney Nick Cronauer of Cronauer Law discuss the details behind Nick's latest record-breaking verdict. His client, 25-year old young man, was killed in a single motor vehicle crash in Sandwich, Illinois on June 28, 2015, after being over-served at a bar in DeKalb County. 

Kenny Berger and guest Brian Snyder of Snyder Wenner in Phoenix, AZ, discuss how to use triggers and cues to help jurors remember key facts from your case. Snyder shares several examples of how he uses visuals and key messages to help jurors recall the most compelling aspects of his case during deliberation. 

Kenny is joined by Angela and Keith Bruno of Bruno | Nalu Trial Lawyers and Trial Lawyers for Justice. They discuss how the pandemic shifted their mindset on settling cases and how to evaluate each case individually to determine when to negotiate and when to go to trial. 

Guest attorney Henry Peacor shares stories from his remarkable journey to becoming a partner at Trial Lawyers for Justice. Tune in to hear about how he's taking a creative, solution-oriented approach to practicing injury law. 

Kenny Berger and guest Joseph Wilson of Joseph Wilson Injury Lawyers in Atlanta discuss opening statements,  the power of human connection, and how your case benefits when you build a deeper relationships with both clients and jurors.