Best Practices with Kenny Berger

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Best Practices with Kenny Berger

Kenneth Berger

83 episodes

1 week ago

Becoming an effective trial lawyer isn’t about natural talent - it’s about preparation, practice, and the mindset to keep improving. In this episode, truck crash attorney Tim Whiting joins host Kenny Berger to discuss what it really takes to become trial-ready: from the lessons learned after a tough loss to the daily habits that sharpen skill and quiet self-doubt. They cover: Turning loss into lifelong commitment to trial practiceWhy consistent role-play, focus groups, and coaching matterMedi...

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Becoming an effective trial lawyer isn’t about natural talent - it’s about preparation, practice, and the mindset to keep improving. In this episode, truck crash attorney Tim Whiting joins host Kenny Berger to discuss what it really takes to become trial-ready: from the lessons learned after a tough loss to the daily habits that sharpen skill and quiet self-doubt. They cover: Turning loss into lifelong commitment to trial practiceWhy consistent role-play, focus groups, and coaching matterMedi...

Show more...

Episodes (20/83)

Best Practices with Kenny Berger

Training for Trial: Prep, Practice, & Purpose | Attorney Tim Whiting | S5 Ep. 11

Becoming an effective trial lawyer isn’t about natural talent - it’s about preparation, practice, and the mindset to keep improving. In this episode, truck crash attorney Tim Whiting joins host Kenny Berger to discuss what it really takes to become trial-ready: from the lessons learned after a tough loss to the daily habits that sharpen skill and quiet self-doubt. They cover: Turning loss into lifelong commitment to trial practiceWhy consistent role-play, focus groups, and coaching matterMedi...

1 week ago

51 minutes

Best Practices with Kenny Berger

Universally Human: Building and Trying Cases on Shared Values | Joe Fried & Chris Finney | S5 Ep. 10

In a Best Practices first, Kenny Berger is joined by two guests from different firms—trial lawyers Chris Finney (Finney Injury Law) and Joe Fried (Fried Goldberg). Together they dig into a simple idea: juries connect to what’s universally human - family, health, freedom, independence - and how to build your whole case around it. You’ll hear about: How to use even limited voir dire to surface shared values and form a teamHow to frame the trial as a simple choice about valuing what mattersWhy a...

2 months ago

1 hour 7 minutes

Best Practices with Kenny Berger

How to Facilitate Story-Driven Direct Exams | Attorney Sharif Gray | S5 Ep. 9

This week, former Army JAG and prosecutor Sharif Gray of RVA Trial Lawyers joins Kenny Berger to show why the most persuasive directs are facilitated stories, not scripted performances and how that mindset sharpens your redirect, too. You’ll hear about: A simple setup for directHow to use one-page outlines and open-ended prompts that keep jurors engagedSmart witness sequencing (credibility first, client last) to reinforce your themeWhen to use redirect and when to sit downIf you want to achie...

2 months ago

48 minutes

Best Practices with Kenny Berger

Start With the Story: Structuring Opening Statements | Attorney Brian Snyder | S5 Ep. 8

In this episode of Best Practices with Kenny Berger, trial lawyer Brian Snyder of Snyder Wenner in Arizona joins Kenny to explore how a well-crafted opening statement can shape the jury’s understanding—and the outcome—of your case. Brian shares his approach to structuring an opening that frames the entire case, the importance of simplicity and credibility from the outset, and how to plant key ideas that will matter most in deliberations. From primacy to pacing, you’ll hear actionable insights...

3 months ago

49 minutes

Best Practices with Kenny Berger

Own Your Trial Tech, Own Your Narrative | Attorney Jakob Norman | S5 Ep. 7

Trial tech doesn’t have to be outsourced—or complicated. In this episode of Best Practices with Kenny Berger, trial attorney Jakob Norman shares how mastering your tech enhances your credibility, boosts flexibility, and supports visual storytelling that sticks with the jury. From choosing the right tools to creating compelling visuals, Jakob breaks down practical strategies to help you take control of the narrative in the courtroom. In this episode: Why trial lawyers should run their ow...

3 months ago

1 hour 1 minute

Best Practices with Kenny Berger

Empower, Prepare, Collaborate: Expert Strategy Unpacked | Attorney Karen Zahka | S5 Ep. 6

In this episode of Best Practices with Kenny Berger, medical malpractice trial lawyer Karen Zahka shares how true collaboration with expert witnesses can make or break your case. From choosing the right expert to preparing them with case-specific materials, literature, and strategy, Karen explains why empowering experts—rather than micromanaging them—leads to stronger, more credible testimony. She also breaks down how to tailor your approach depending on the expert’s personality, professional...

4 months ago

39 minutes

Best Practices with Kenny Berger

Structure, Speed, and Story in Rebuttal | Attorney Brian Ward | S5 Ep. 5

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...

4 months ago

50 minutes

Best Practices with Kenny Berger

Closing Arguments: Tools, Tone, and Timing | Attorney Joseph Wilson | S5 Ep. 4

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 c...

5 months ago

33 minutes

Best Practices with Kenny Berger

Relentless Preparation, Remarkable Results: A $117M Verdict | Attorney Stephen Williamson | S5 Ep. 3

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 pack...

5 months ago

54 minutes

Best Practices with Kenny Berger

Case Selection with Purpose and Precision | Attorney Stuart Ratzan | S5 Ep. 2

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...

6 months ago

42 minutes

Best Practices with Kenny Berger

Cross That Connects: Story, Strategy, and Credibility | Attorney Nick Rowley | S5 Ep. 1

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 ...

6 months ago

34 minutes

Best Practices with Kenny Berger

Beyond the Obvious: Finding Additional Defendants in Auto Cases | Attorney Alan Hamilton | S4 Ep. 19

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 highlig...

10 months ago

52 minutes

Best Practices with Kenny Berger

Visual Storytelling in Trial | Attorney Zoe Littlepage | S4 Ep. 18

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...

11 months ago

51 minutes

Best Practices with Kenny Berger

Mastering Cross-Examination Essentials | Attorney Dan Ambrose | S4 Ep. 17

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 highl...

11 months ago

54 minutes

Best Practices with Kenny Berger

Trauma-Informed Lawyering: Representing Clients with PTSD | Dr. Dawn Sheehan | S4 Ep. 16

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, inclu...

12 months ago

42 minutes

Best Practices with Kenny Berger

An Honest Approach to Jury Selection | Attorney Tom Grillo | S4 Ep. 15

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...

1 year ago

51 minutes

Best Practices with Kenny Berger

Sequencing and Storytelling: Strategies Behind a $10M Victory | Attorney David Holt | S4 Ep. 14

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 ...

1 year ago

1 hour 4 minutes

Best Practices with Kenny Berger

$857M Verdict: Strategies Behind a High-Stakes Trial Victory | Attorney Keith Bruno | S4 Ep. 13

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 aggre...

1 year ago

57 minutes

Best Practices with Kenny Berger

Mastering Mediation: Strategies for Success | Attorney Marc Harwell | S4 Ep. 12

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 reaso...

1 year ago

49 minutes

Best Practices with Kenny Berger

The Art of Cross-Examining Experts | Attorney Christian Morris | S4 Ep. 11

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 opini...

1 year ago

1 hour 4 minutes