Your Trial Strategy Shouldn’t Be an Afterthought: Make the Jury’s Job Easy [Ep134]


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Feb 26 2025 15 mins   1

On this episode of Trial Lawyer Prep, Elizabeth Larrick shares strategies for trial lawyers to develop a winning legal approach from the start of litigation. Drawing from her experience with renowned trial lawyer Don Keenan, Elizabeth explains the dangers of last-minute strategy planning and the confusion that can arise from disorganized opening statements. She emphasizes the need for a clear and cohesive presentation to effectively communicate with juries.

Elizabeth shares practical methods to kickstart your trial preparation, including the use of jury research and focus groups, and highlights the benefits of committing to a single persuasive strategy. Discover actionable steps such as writing down ideas, dedicating focused time for evaluation, and seeking inspiration from trial strategy literature or podcasts.

In this episode, you will hear:

  • Importance of early trial strategy development to avoid procrastination pitfalls.
  • Risks of a disorganized "Frankenstein" approach and cramming strategies into opening statements.
  • Value of committing to a single, coherent persuasion method for trial success.
  • Utilization of jury research and focus groups to test and refine trial strategies.
  • Actionable steps for trial preparation: writing ideas down, setting time blocks, and seeking inspiration.

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Supporting Resources:

Jump to Episode 131 to get an overview of trial strategy.

Books to Kickstart your Trial Strategy Planning:

Trial by Human by Nick Rowley & Steven Halteman

Rules of the Road by Rick Friedman & Patrick Malone

Polarizing the Case by Rick Friedman

From Hostage to Hero by Sari de la Motte

Damages 3 by David Ball

Trial by Woman by Courtney Rowley & Theresa Bowen Hatch

The Keenan Edge Anthology by Don Keenan and various contributors (including me)

Winning Case Preparation by Bozart, Cusimano, Lazarus and Wenner

Learn more about how Elizabeth helps trial lawyer here.

Connect with Elizabeth on LinkedIn.

Join the Trial Lawyer Prep Newsletter to get quick tips and ideas for your case preparation and trial persuasion. Go here to join.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.