Mitnik's Monthly Brushstroke

Keith teaches his secret formula to harness the power of words to communicate, convince, and persuade. Keith believes that we are all wordsmiths, and the better we become at our craft, the more successful we will be in the courtroom and in life. Hear Keith explain different types of words, and how connotations can subconsciously hurt or help your case.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can email me:  I personally read every reply.     I'm now on LinkedIn, let's connect:    For more visit: 

When the defense uses statements from your client about improvements in their condition to suggest her or she isn't really hurt, remind the jury those words are badges of honesty, they are not the words of an exaggerator.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can email me:  I personally read every reply.     I'm now on LinkedIn, let's connect:      For more visit:   

When the defense uses statements from your client about improvements in their condition to suggest her or she isn't really hurt, remind the jury those words are badges of honesty, they are not the words of an exaggerator.

How to explain to potential jurors that it is easier said than done to hold the burden of proof down to "more likely than not" when that person believes the burden should be higher. I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedIn For more visit: https://keithmitnik.com

How to explain to potential jurors that it is easier said than done to hold the burden of proof down to "more likely than not" when that person believes the burden should be higher.   I'm now on LinkedIn, let's connect:    For more visit: 

How to stop the defense from seating biased jurors by explaining that bias does not cause people to ignore evidence, rather it impacts conclusions from the evidence.   I'm now on LinkedIn, let's connect:  For more visit:     

How to stop the defense from seating biased jurors by explaining that bias does not cause people to ignore evidence, rather it impacts conclusions from the evidence. I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedIn For more visit: https://keithmitnik.com

How to punish the defense if they take snippets of medical records out of context. I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedIn For more visit: https://keithmitnik.com

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his podcast, Keith Mitnik’s Brushstrokes. For more visit :

Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his new podcast, Keith Mitnik’s Brushstrokes. For more visit :

Keith finishes Season 3 discussing a few new voir dire questions. These questions are hot off the presses and cover important topics not addressed in his book. One deals with the biased spouse at home who is likely to exert influence over an otherwise unbiased prospective juror. The other identifies those who are not engineers, but still have the engineering gene (demand impossible levels of proof). I have found both of these new developments to be very valuable tools in the pursuit of just results.

In this episode, I talk about what I call "The Naming Game.” It‘s about calling out unfair defense tactics in ways that stick. For example, when they admit fault, but deny any meaningful harm, brand it "The Old 'So-What' Defense.” When the defense makes ugly suggestions that they don’t actually believe enough to say out loud (such as hinting that your client is a faker), tag it by saying, “The courtroom is not a place for hinting; it’s a place for saying what you mean and backing it up.” By naming unfair tactics in bold and memorable ways, you will make the defense pay for not shooting straight with the jury.

In this segment of Brushstrokes, Keith talks about a hot-off-the-presses process for picking powerful, perfect words to build an unassailable framework for your case. What’s got him excited is a brand new way to quickly and scientifically pinpoint those “flashlight” words that illuminate safe passage to a just result. It’s all part of winning before beginning the trial.

In this episode of Brushstrokes, Keith follows up on last month’s "Putting an End to Belittling Pain” with “The Audacity To Ask.” He lays out a process to get maximum justice, starting with overcoming your own bias and applying the golden rule to yourself.

In this episode of Brushstrokes, Keith shares a new system that will revolutionize the value of cases where the injury is not recognizable from the outside and does not interfere so much with doing, as with the experience of doing. He calls it “Putting an End to Belittling Pain You Can’t See."

Keith puts depositions in a new, intriguing perspective. They are not about boring discovery. They are about getting ready for trial — gathering sound bytes and intel. It is an adventure, not a drudge.

In this episode of Brushstrokes, Keith discusses what he calls "The Panda Effect." Jurors are used to a steady stream of entertainment from smart phones, books, conversation, etc. Suddenly they are cut off and you are the only show in town. This impacts everything you do: some obvious, some not so obvious. It all matters.

In this episode of Brushstrokes, Keith will be sharing three brand-new strategies: orienting elder jurors in the case where your client is younger; uniting jurors in a time of political divisions; and dealing with that one bad juror.

In this episode of Brushstrokes, Keith will show you how to get zero comparative faults in trip-and-fall cases where the defense is open and obvious. It’s not about whether your client could have seen it or could have avoided it. It is about whether your client acted unreasonably or did something wrong. It is about blaming the difference between visibility and conspicuity (The competition for one’s attention).

In this session, Keith will share two surefire ways to expose sneaky defense tactics. First, an analogy to deal with the old defense trick of creating glaring distractions hoping the jury loses its way. Second, a simple phrase to call the defense out for hinting that your client is exaggerating without coming right out and saying what they mean (trying to play it safe, while really playing dirty).

This month’s podcast is the second part on cross examining defense experts who try to convince the jury your client wasn’t hurt seriously in the crash. This method is based on exposing the absurdity of their position that the onset of pain at the same time as the crash is all just a big coincidence. After you hear it laid out, you’ll realize the expert doesn’t stand a chance.

This month’s episode is the first of a two-part presentation on cross examination of defense experts. The defense picks experts because they are charming smooth-talkers with impressive credentials. Let’s face it, after direct they are likely to have the jury eating out of their hand, which makes it hard to show they aren’t shooting straight in your cross. The solution is to expose them BEFORE they get a chance to charm the jury. You can jump in front of direct and call them out in advance by starting your cross in opening or even earlier. I’ll show you how.

This is the second part of the session that started last week on creating the language of your case. The first part was about picking powerful, perfect words. Now we’ll talk about how to resurrect recognizable phrases and ask winning questions to create an unassailable structure for your case. Old adages carry a lot of weight, like, “You can’t judge a book by its cover.” Questions that you know the right answers to are a great way to help jurors keep their eyes on the ball, such as, “Is it all just a big coincidence?” Tune in for much more.

Mark Twain said, "The difference between the almost-right word and the right word is really a large matter: it is the difference between the lightning bug and lightning." He also said, "Thunder is good, thunder is impressive, but it is lightning that does the work." In this podcast, I’ll give you some examples of how to turn those nuggets of wisdom into winning trial strategies. It’s about much more than making noise like thunder; it’s about generating electricity to power your case to a just result by picking just the right words.

This session goes to the heart of my "Don’t Eat the Bruises system": Take everything from the defense and leave them nothing. I’ll show you how to devour the defense’s case during your opening statement so they can’t get a foothold with their unfair favorite facts. When done, you’ll be winning at the beginning, which is key to a winning ending.

In this month’s podcast, Keith picks up where he left off last month: on putting an end to belittling pain by explaining the realities in ways jurors can relate to from their own experiences. It is the kind of pain that does not prevent doing, so much as it interferes with the *experience* of doing. That’s why they call it "pilot light pain": It’s always there flickering, sometimes flaring.

In this month's podcast, Keith lays out a simple two-step process to thwart the defense’s efforts to exploit the fact most pain cannot be seen on the outside. By using an old adage and a new analogy, you can remind the jury of something that they already know to be true: you can’t judge a book by its cover. Once you resurrect this knowledge that the jury brought to the courtroom with them, the defense will no longer be able to play loose and fast with the facts when it comes to pain that may not look like a big deal, but is a big deal.

In this month's podcast, Keith gives you a three-step process to deal with surveillance films: the kind where there are no gotcha inconsistencies, rather they simply show your client getting on with life. If you don’t get out in front of them, the defense will make it seem like they caught your client in the act, when in fact they caught nothing other than someone who has the kind of pain you can’t see from the outside. Keith will show you how to diffuse this sneaky trick and use it to get cause challenges on jurors the defense was counting on for an unfair advantage.

In this session, Keith will give you a countermeasure he designed to put an end to one of the defense’s favorite, unfair tactics: “gaps in treatment.” It works so well, because it puts common sense and life experience back in the picture.

In this session, Keith shares a very effective damage model he created to ensure elderly clients get full justice. He calls it “All Time Is Not Equal.” It is based on reminding jurors of a universal truth: the less there is of anything, the more valuable it becomes. Life is precious — as it begins to run out, moments matter, and time is treasured as the ultimate scarcity.

In the season two opener of Mitnik’s Monthly Brushstrokes podcast, Keith shares the fundamental steps of his Winning At The Beginning system for opening statements. He will show you how to design an opening that will swallow whole the defense’s opening, assuring that you’re ahead after both sides' openings are done. Keith's Winning At The Beginning system is engineered to see to it the jury picks your team, not theirs.

From peculiar witnesses to “Twilight Zone” judges: In a special episode of “Monthly Brushstrokes,” Attorney Keith Mitnik shares wild stories and tips on how to survive and thrive in the face of unforeseen circumstances in the courtroom. A must-listen for new trial lawyers!

Keith takes on the guts of what makes medical malpractice cases so hard to win, in spite of being right. In just a few minutes you will see clearly why the defense has an unfair advantage and how to take it away. Getting a just result for mistreated patients isn’t just about presenting evidence; it’s about adjusting the way we engage to make the contest fair.

Keith shows how to enlighten jurors about cases involving injuries from falls. There is often a kneejerk, negative reaction that the person who fell must not have been looking where they were going or they wouldn’t have fallen. Take a few minutes to listen and you will have the means to help jurors see for themselves – that’s not a fair reaction at all.

In this month’s Podcast “A Universal Bias Question” Keith gives you a way to get biased jurors to realize and inform the court they cannot be fair – it sounds like a stretch – listen and see how this honor system works – any place – universally!

In this month’s Podcast “Not a Lot of Visible Property Damage” Keith provides a surefire way to put an end to one of the defense’s favorite unfair tactics – claiming it was just a fender-bender, therefore, your client couldn’t have been hurt badly from the defendant ramming him or her - waiving photos around like a magician uses a wand to distract and trick the audience. After you listen to this, they won’t be able to get away with that sleight of hand anymore.

This month’s Podcast “It's A Calling” reminds us - it’s an honor to be asked to stand up for others, when it's unfair for them to stand alone.

Keith gets to the heart of all that is right about money damages. The starting point of delivering on damage is “believing”. Then come the pillars of truth that help the jury believe too. One of those truths is – “It’s not about how much they’re going to get, it’s about how much was taken”. This is 15 minutes of pure truth from a true believer.

In this month’s podcast, “It’s Not About Being Pretty”, Keith shares a way for younger or less experienced lawyers to clear the obstacle of performance anxiety. The parts of trial that matter most - asking the Why questions, creating the language of the case, and building a framework to withstand the onslaught that is to come - don’t happen under the bright lights and fast pace of the courtroom; take place before trial, in private, where there is time to think about it, talk about it and get advice about it. Realizing you can do what it takes to win, even if it isn’t yet polished, will give you the peace and confidence to try cases while you’re building up experience. It’s about winning, not putting on a show. Let the show part go and let yourself go to trial, knowing you’re ready to do the parts that really count, right now.

In today’s episode of Keith Mitnik’s Monthly Brushstrokes, Keith shares the trial preparation technique that shaped his book Don’t Eat the Bruises, the “secret formula” that helps him to win his most difficult cases. It’s simple. The key to a winning argument always starts with one question: why?