TrialFocus

My friend and colleague Jay Deratany recently sat down to discuss his career arc from trial attorney to playwright and movie director. After scoring a string of record verdicts in injury and malpractice cases Jay shifted his practice focus to foster parent abuse cases where his winning streak continued. Along the way he earned an MFA in screenwriting at USC. Here are some of the highlights of our interview…

Work ethic is key, there are no shortcuts: Jay was the child of immigrants who worked back breaking hours to support a large family. He took the humble path to greatness that began with a stint at legal aid followed by an apprenticeship with long hours at a small firm before hanging his shingle.

Successful trial lawyers often pivot their practice: In the midst of winning large-scale injury and death cases Jay had the opportunity to handle a foster parent case which led him to the realization that abuses where rampant particularly when private companies supervised foster care. After digging in to learn the law he built on his early success and his passion to do that work only increased.

Storytelling is key: Like most great trial lawyers Jay tries to cast a hero and villain at trial. Often the low-level employees in a defendant company are sympathetic witnesses. CEOs or other management indifferent to the wrong can make the most compelling villains. Jay acknowledged that the Apex Doctrine has made targeting them more difficult.

Be present in the moment: Jay is in the process of completing a book for aspiring trial lawyers. One of the lessons from that book is to be fully present in the moment. We’ve all heard that, but he speaks specifically to trial lawyers borrowing from the lessons of the bestselling book Zen and the Art of Motorcycle Maintenance. When preparing for a deposition or trial don’t multi-task five things at once e.g. answer the phone, read emails, etc. Rather be fully engaged in the task. Your work quality will skyrocket.

Click on the link below to watch the interview…

Video Podcast with Jay Deratany In this episode Chicago trial attorney Jay Deratany discusses his path from achieving record verdicts to advocating for foster children to leveraging his storytelling gift to create movies and plays.

Trial lawyers must be conversant in dealing with hearsay objections. One of the most common fact patterns that can trigger an objection deals with “state of mind”. An attorney responding to a hearsay objection in this circumstance has two options: argue an exception under the applicable hearsay rule or argue that the statement was not hearsay at all. In our latest TrialFocus blog post I unpack this in further detail…

Hearsay and State of Mind | TrialFocus This article unpacks the multi-layered meaning and application of the phrase "state of mind" at trial.

I recently interviewed Clark Bolton, a fraud investigator turned whistleblower turned whistleblower attorney. Clark now leads whistleblower case intake at Morgan & Morgan. He is a leading whistleblower attorney with a wealth of knowledge particularly about qui tam litigation (blowing the whistle those who defraud the government). Here are some takeaways from that interview…

If you are a whistleblower, be aware of the risks and prepare for fallout: Clark blew the whistle on a staggering healthcare fraud scheme that brought down an entire C-Suite and led to a nine-figure monetary recovery. The price was losing his job, working for 5 years as a private investigator and healthcare fraud consultant and counting on his wife’s additional income to make ends meet. Whistleblowers must keep other risks in mind such as claims against them for stealing corporate information, privileged communications with attorneys or HIPAA violations.

How to Find the Right Case: Clark separates potential cases into “buckets”. Into the good bucket goes cases with a credible relator (whistleblower), supporting documentation and the potential defendant’s ability to pay a potentially large judgment. Less than ideal cases may state a claim but have collectability issues. Clark warns lawyers not to put whistleblowers through a 5+ year ordeal only to find out that their settlement or judgment is unrecoverable.

Looking for the Right Whistleblower Attorney…and Eventually Becoming One: Clark’s experience as a whistleblower was instructive. One attorney proposed to write a demand letter to settle quickly. This, on its own, would not have ended his employer’s bad behavior. He sought and eventually found lawyers who wanted to force the company to do the right thing: to self-disclose their wrongdoing. Certainly, a financial recovery was part of the overall strategy but whistleblower attorneys must also be driven by the greater good. One thing Clark emphasized was the toughness of intake statistics. The federal government intervenes in about 20% of qui tam cases. Of the remaining 80% only about 10% are ultimately resolved successfully. Clark recommends that attorneys trying to break into whistleblower/qui tam litigation consider co-counseling their first several cases. Clark’s reasons for doing that included the co-counseling attorney’s working relationships with the AUSA’s with whom one must work if the federal government intervenes, working relationships with administrative agencies involved in the case as well as having expert knowledge about where to file.

If you are interested in whistleblower cases or qui tam litigation this episode is mandatory viewing. Click on the link below to watch the interview…

Video Podcast with Clark Bolton | TrialFocus In this episode whistleblower turned whistleblower attorney Clark Bolton deconstructs the complex ultra lucrative world of qui tam litigation from intake to the nuances of litigation

Focus groups and mock trials are a valuable tool to get inside the minds of potential jurors. Have you ever considered that the jury is only one of two judges you have to convince to win your case? Rulings on dispositive motions, motions in limine and for directed verdict may derail a seemingly otherwise great case. TrialFocus now offers the services of former trial judges as mock judges to hear and deconstruct hearing arguments In your case. The feedback from the sessions can help you make course corrections to avoid surprise and the painful conversation you'll have to have with your client if you unexpectedly lose a critical motion. Mock judges can also help you prepare for appellate oral arguments. To find out more about mock judging click on the link below…

Gaining Case Insight Through Mock Judges | TrialFocus How does one find a mock judge to hear legal arguments in a case? There are several potential solutions.

In this inaugural TrialFocus video podcast episode trial attorney Jay Diaco talks about his verdict in a blockbuster defamation case, his family and values and the mindset overlap between trial practice and big wave surfing.

Video Podcast with Jay Diaco | TrialFocus In this episode Jay and I discuss his approach to a broad spectrum of injury and death cases.

There are big changes coming to Florida civil litigation practice. TrialFocus can help trial lawyers win in this new era. There are big changes coming for TrialFocus too...

Big Changes to Florida Civil Practice and TrialFocus News | TrialFocus Mark your calendars for big changes coming to Florida civil practice effective January 1, 2025.

TrialFocus is reaching out to all our Florida lawyer colleagues, plaintiff and defense... are you aware that a significant tort reform bill has been introduced in the legislature and is on track for swift passage? It would virtually abolish fee multipliers, significantly alter attorney fee awards in insurance cases and transform the bad faith statute, reduce the statute of limitations for negligence from 4 to 2 years, end comparative negligence in its current form and more. Here is a link to the current bill...

CS/HB 837 (2023) - Civil Remedies | Florida House of Representatives

Interested in participating in a Zoom mock trial next Monday March 6th? If so, please post in a comment below, email our assistant at [email protected] or call her at 727-535-455 for details.

We're excited to share that one of our consulting clients just obtained a $500k verdict from a federal court jury today. Our work including conducting a mock trial and helping the trial team prepare a winning closing argument. More details soon.

We are looking for mock jurors interested in participating in both online and in-person focus groups and mock trials in the near future. Participants are compensated for their time. If interested, please leave a comment below, DM us or email us at [email protected]

Civil cases can sometimes depend on getting text messages into evidence. The trouble is that authenticating text messages is often challenging. In this article we unpack two recent Florida cases that address these issues with differing results.

Getting Text Messages Into Evidence | TrialFocus Explore the mechanics of this required trial lawyer skill.

In a recent post I described how Zoom-based focus groups and mock trials can help litigation attorneys work up cases even in the midst of the COVID-19 pandemic. If you didn’t see that check it out at https://www.trialfocus.com/2020/07/zoom-focus-groups-in-the-time-of-coronavirus/

In addition to case evaluation and scrimmaging to help lawyers to get ready to try their cases we’ve also helped train newer attorneys in the mechanics of civil trial practice. One of our learning tools is an admissibility logic tool usable in any civil case. You’ll find the essentials and our logic flowchart in this e-Book: https://www.trialfocus.com/simplifying-evidence

Even experienced trial lawyers have told us it’s a great refresher. Check it out and see if it doesn’t reveal evidence law in a whole new light.

Introducing LegalPad, a TrialFocus Newsletter, a resource for trial lawyers with premium content not found on our website or social media channels.

https://mailchi.mp/df2c2f443493/introducing-legalpad-1556220

COVID-19 may have turned things upside down but trial lawyers must still adapt. In this post we look at how Zoom focus groups and mock trials can be leveraged to gain case insights even in the time of the "new normal"...

https://www.trialfocus.com/2020/07/zoom-focus-groups-in-the-time-of-coronavirus/

Zoom Focus Groups In The Time of Coronavirus With so many businesses shutting down, trial lawyers must adapt.

FREE GUIDE: Simplifying Evidence

Gaining a “trial edge” is critically important for plaintiff’s lawyers seeking larger settlements from insurance companies and defense lawyers. Mastering evidence law is the first step in that journey. In this eBook, TrialFocus gives you an admissibility logic flow chart you can use in almost any civil trial situation.

Download "Simplifying Evidence: A Quick Guide for Civil Trial Lawyers" to learn:

* The sequential steps to introducing testimony, documents or other items in a civil case
* How to impeach any witness (with a free summary chart)
* Legal citations and authority to back up your objections at trial

This free eBook requires no sign up or logins. Just download it and put it to use immediately.

Download your free guide today at https://www.trialfocus.com/2019/06/barrister-skill-set/

The Barrister Skill Set: Digging Deeper Develop a "trial edge" by downloading our FREE, no-obligation eBook "Simplifying Evidence: A Quick Guide for Civil Trial Lawyers", including an admissibility logic flowchart.

Do you aspire to gain a “trial edge” as you grow your civil litigation practice? Mastering (or relearning) evidence law is the mandatory first step. Visit https://www.trialfocus.com/?wpdmdl=2556 to download our FREE, no-obligation inaugural eBook: “Simplifying Evidence: A Quick Guide for Civil Trial Lawyers.” It includes our admissibility logic flow chart that can help you see the big picture without losing the detail.

TrialFocus creates blogs, podcasts, and now eBooks to help litigation and trial attorneys of all stripes master trial basics.

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"I found "Simplifying Evidence: A Quick Guide for Civil Trial Lawyers" very easy to follow and an eBook that would be extremely helpful to attorneys trying to improve their litigation skills. Often these types of books over complicate the subject matter and seem to drone on, but yours is simple, direct, and very useful."

Mark Powers
President, Atticus, Inc.

www.trialfocus.com

As a trial team leader, you must have the endgame in mind and make sure your team is on task and coordinated. A great tool to accomplish this is a “case retreat”. We discuss four strategies to ensure effective use of this time away from the office.

https://www.trialfocus.com/2019/05/case-retreats-winning-through-brainstorming/

TrialFocus Law Blog Keep the endgame in mind and your team on task with a "case retreat".

Jury trials don’t simply happen. Trial presentations are the product of months of preparation and planning that some refer to as “scripting a trial.” In "Scripting a Trial, Part 1", I described the process of creating witness outlines as the foundation for all other trial preparation. This process necessarily forces a trial attorney to identify exhibits that will be introduced through a particular witness and, in some instances, to pinpoint impeachment material.

Learn the steps to take after first creating witness outlines at https://www.trialfocus.com/2018/07/scripting-a-trial-part-2/

Scripting A Trial: Part 2 Learn the steps to take after first creating witness outlines.

Trial preparation looks a lot like an iceberg: the vast majority of the overall picture i.e. the work performed by the trial attorney, remains unseen by observers. Much of the work consists of “trial scripting” i.e. developing the outline then specific questions for each witness. In the first of two articles we examine trial scripting best practices.

https://www.trialfocus.com/2018/06/scripting-a-trial-part-1/

Scripting A Trial: Part 1 In the first of two articles we examine trial scripting best practices.

Trial lawyers are both advocates and counselors. As counselors they must bring a client’s unrealistic expectations down to earth. Focus groups are one method to unpack potential case issues and a case valuation range. Consider this and other means of controlling client expectations in this blog post https://www.trialfocus.com/2018/10/controlling-client-expectations-a-core-trial-lawyer-skill/

Controlling Client Expectations: A Core Trial Lawyer Skill Focus groups are one way to unpack potential case issues and a case valuation range. Consider this and other means of managing client expectations in this post.

Some cases are destined for trial. Are you ready? We can help you brush off rusty trial skills and discover the winning arguments in your case.

Check out our consulting brochure at https://www.trialfocus.com/trial-consulting-brochure/

Do you really know how much your clients’ cases are worth? Do you find jury outcomes increasingly hard to predict? Do any of your clients have unrealistic expectations?

If you answered yes to any one of these questions, you owe it to yourself and your clients to check out the benefits of trial consulting. As attorneys ourselves we offer the benefit of opposition role play to push back hard to uncover the strengths and weaknesses of your client’s case. Fix case problems while there is still time.

For an overview of the services we offer check out our downloadable brochure athttps://www.trialfocus.com/trialfocus-ebrochure.pdf

www.trialfocus.com

Jim Dodson is a well-respected personal injury attorney recognized as an expert in bicycle accident cases. In this episode of the TrialFocus podcast, he talks both specifically about the issues unique to bicycling cases and more broadly about how to practice law with integrity and accountability.

Podcast with Jim Dodson, Personal Injury Trial Attorney In this episode Jim describes his pathway from respected and accomplished personal injury attorney to his sub-specialization in bicycle accident cases.

We are pleased to announce the re-launch of the TrialFocus’ website, https://www.trialfocus.com/.

Our upgraded site features an introductory video and two downloadable brochures. You will also find the TrialFocus podcast launch page and our ‘new and improved’ blog page. Soon we’ll add a video page featuring posts about the technicalities and art of trying cases. Also coming soon are client and mock juror portals.

TrialFocus is a trial consulting firm founded by Board Certified attorneys that utilizes opposition role play to gain realistic focus group insights. TrialFocus can also take trial attorneys beyond evaluating cases to gain a winning edge through skills training and mock jury trials.

Get started at https://www.trialfocus.com/.

Most plaintiff’s trial lawyers will tell you that your client’s cross-examination is the most dangerous moment at trial. Even if you’ve done a good job on direct examination there are undoubtedly weak spots in your client’s case.

Cross-examination is one of your opponent’s best shots at unraveling your case. Recognize that if your case was devoid of problems it would have already settled.

Re-direct examination is your best opportunity to undo the damage. Indeed, it may be the moment when you save your client’s case.

3 Steps To Save Your Case Through Re-Direct Examination | TrialFocus Re-direct examination is your best opportunity to undo the damage of cross-examination. Here are three steps you can take to master re-direct examination.

In this TrialFocus Podcast episode, Chelsie describes how she juggles a thriving trial practice, a family and mentoring novice personal injury lawyers.

Podcast with Chelsie Lamie, Rising Star in Trial Law

In this episode of the TrialFocus podcast Ryan Barack shares his experiences preparing for and trying complex employment law cases...

http://www.trialfocus.com/2018/05/podcast-with-ryan-barack-employment-law-trial-attorney/

Podcast with Ryan Barack, Employment Law Trial Attorney In this episode Ryan discusses the unique challenges faced by employment trial attorneys and his approach to a trial practice that includes multi-party litigation.

We were honored to speak at the Florida National Employment Lawyers Association Conference this past weekend on the use of focus groups and mock juries in employment litigation...

In this episode of the TrialFocus podcast Mark Powers, renowned law firm coach and founder of Atticus, talks about the challenges trial lawyers face attaining work/life balance and strategies that can help them become market leaders.

http://www.trialfocus.com/2017/04/podcast-with-mark-powers-practice-consultant-and-coach/

Podcast with Mark Powers, Practice Consultant and Coach In this episode Mark shares his insights about attaining work/life balance and how to evolve from being a great trial lawyer to a market leader.

In this episode of the TrialFocus podcast attorney Joe Saunders discusses his experiences handling complex civil cases including products liability and mass tort cases with an emphasis on the Daubert issues that confront any trial lawyer handling expert witness testimony.

http://www.trialfocus.com/2016/07/legal-podcast-with-joseph-saunders-products-liability-trial-attorney/

Podcast with Joseph Saunders, Products Liability Trial Attorney In this episode Joe discusses his experience as a respected products liability litigator as the springboard for an in-depth discussion of the Daubert case and its implications for all expert testim…