jury selection

108 – Jessica Brylo – Trial Dynamics: Tipping the Scales in Your Favor

On this episode of the Trial Lawyer Nation podcast, Michael sits down with Jessica Brylo, owner and lead consultant at Trial Dynamics. They discuss Jessica’s path to success, identifying juror attitudes, jury decision-making, case framing, focus groups, and much more.

Michael begins the episode by asking Jessica about her background and what got her into jury consulting. Jessica shares how she went to law school at Duke, where she got in contact with David Ball. She began attending focus groups and learning from David, and it became clear that jury research and consulting was her calling.

Michael then asks her to share some wisdom she’s learned along the way regarding juror attitudes. Jessica starts by stating most jurors and juries do a good job and arrive at logical conclusions; the interesting part as a researcher is looking at how they got there (Hint: It’s rarely how the lawyer thought they would). This is because jurors make decisions based on their own past experiences, and much of their decision-making process is unconscious.

Jessica continues on this line of thought by explaining how the different facts you hear every day are all brought into your brain and “filtered through your life experiences.” If this new fact fits within those experiences, you will likely accept it. If it does not fit within those experiences or goes against your beliefs, you’ll either change the fact in your mind or throw it out altogether. The key is to build your story around what those pre-existing beliefs are and fit it within that framework. And since every fact you hear is filtered through previously learned facts, Jessica emphasizes that messing up during voir dire and opening statement is extremely hard to come back from.

“When [jurors] hear a fact, they don’t just hear the fact in isolation.” – Jessica Brylo

Michael and Jessica continue to discuss Jessica’s experience and insights into juror decision making, including how to keep a positive atmosphere while finding what jurors you need to strike, what you can do to prepare a case of any value, and how to identify potential leaders on a jury panel.

The conversation then shifts to the practice of Case Framing, something Jessica specializes in. She defines it simply as the way in which you portray a case, then elaborates on the different ways to tell this story in a persuasive way, starting with not focusing on the plaintiff. Instead, Jessica says you should focus on the wrong the defendant did; better yet what the company or industry as a whole did, and the potential ramifications of that wrongdoing.

Additionally, Jessica explains how you need to keep your focus on the facts of YOUR case and not fall prey to the “red herrings” the defense throws at you. While you need to address what happened in the crash, you should remind the jurors that the point is irrelevant to the case as a whole. When the defense tries to take the crash out of context, it’s your job to put it back into context.

“You can’t play a defensive game all the time. You need to focus on your best facts, focus on where you need the jurors to be.” – Jessica Brylo

Michael then asks Jessica a somewhat controversial question- what is the main purpose of jury selection? She acknowledges the different opinions of Nick Rowley and other prominent trial lawyers, but says for her it’s:

  1. Reveal bad jurors.
  2. Form a connection with the jurors.

Jessica then shares her insightful strategies for finding out who the bad jurors are, then how she connects with the jurors.

While Jessica recognizes the differing opinions surrounding jury selection, there are certain mistakes that just should not be made. Common ones she sees are the lawyer talking too much about themselves, asking jurors if they “have a problem” with things or if they “can be fair” about things, and asking the jurors’ opinion about political topics like Trump or the COVID response.

“They’re trying to do the right thing, but it’s just not the right phrasing and words to do it.” – Jessica Brylo

Michael and Jessica wrap up the episode by discussing focus groups. In an ideal world, you could hire a consultant to run all your focus groups but given budget constraints and varying case values that’s just not realistic. When running your own focus group, Jessica recommends doing your best to find a truly representative jury pool, which can be harder than you’d think. She also cautions against some common mistakes she sees in focus groups, including pushing your own stuff too much and not focusing on the negative aspects of your case. They finish up on what to do with the valuable, though negative, information you receive at the focus group.

Jessica wrote and released a free e-book for plaintiff lawyers, detailing the do’s and don’ts of running your own focus group. If you’re interested in this free e-book, email jessica@trialdynamics.net and request a copy. If you’re interested in working with Jessica Brylo, visit her website at www.trialdynamics.net.

This episode also covers the Arizona Jury Project, why word choice is so important, how to use the defense’s behavior throughout the lawsuit against them with the jury, and so much more.

 

Guest Bio:

Jessica Brylo, J.D., M.A. is the owner and lead consultant at Trial Dynamics. She graduated cum laude from Duke Law School in 2007 where she received her J.D. and Masters in Psychology. While there, she was trained by one of the nation’s leading trial consultants, David Ball, Ph.D. She was given the privilege held by only a handful of people in the country of being able to study video of real juries deliberating from the Arizona Project. While at Duke, she spent three years studying juries, visiting courthouses, interviewing jurors, and interning with Dr. Ball. She trained in the art of editing opening statements and closing arguments to address the jurors’ unconscious minds, thus making cases stronger by creating jurors who fight for your client when they are in the deliberation room.

She founded Hoffman Brylo Consulting, now Trial Dynamics, in 2008, a full-service consulting firm specializing in plaintiff’s cases. Since then, she has expanded the firm to serve a wider range of cases nationally. She believes that no two cases are alike and that jurors respond to small nuances that make huge differences in verdicts. Consulting strategy techniques can reveal these subtleties and shed light on how to overcome hidden problems in the case, but only if conducted properly with attention to detail.

107 – Stefano Portigliatti – The Power of the Individual: Insights into Juror Psychology, Communication & Understanding

In this episode of the Trial Lawyer Nation podcast, Michael sits down with Stefano Portigliatti, a trial lawyer out of Jacksonville, Florida, who recently secured a $14.6 million verdict on a tough trucking case. Michael and Stefano discuss Stefano’s background, how he connects with jurors individually, and all the details of his recent verdict.

To begin the episode, Michael asks Stefano about his background and how he got to where he is today. Stefano shares how his family is Italian, and how he grew up in Brazil. He had dropped out of college, but after some life experiences “woke him up to his priorities,” he decided to go stay with his brother in Tampa, Florida, and finish school. The pair finished college, then decided to attend law school together, where Stefano was bit by the “personal injury bug” and found his calling.

His family runs multiple businesses out of Orlando, including a Human Behavioral Research Group. It was in this lab where Stefano studied human behavior, motivation, personality, and social studies through neurosciences. Before law school, he applied this to executive coaching for businesses, but quickly realized the implications on jury communication and connection.

Stefano then elaborates on his personality assessment tool, which goes to the root of what we care about and how we communicate. Some jurors care about the rules being broken, others empathize with the social consequences, and others want to plainly see the numbers.

After Michael asks him what he does to motivate different people, Stefano explains the two-axis that separate people into four different quadrants. The first axis is their level of assertiveness, defined as those who need to influence the environment in accordance with what they want, versus those who look to the environment for cues. The other axis is the individual’s responsiveness, broken into task/objective-oriented versus people-oriented. When you place both continuums together, you get four quadrants from which 70% of human behavior can be attributed.

Michael digs further into how Stefano assesses these tendencies in jury selection. He shares how he doesn’t ask jurors explicitly but instead looks for cues based on their answers to questions, such as their occupation and eagerness to participate in the process. Once he has this information, he tailors his presentation of the case to each individual juror and what they value.

“Communication is not what you say. It’s what people understand.” – Stefano Portigliatti

This technique requires the lawyer to “talk to the juror, NOT the jury.” Stefano argues that this is so important because, at the end of the day, they are all individuals who are forming their own opinions until they step into the deliberation room. He then shares some enlightening examples from his recent trucking case verdict, including questioning a defense witness on his engineering qualifications when he had an engineering student on the jury, the client discussing his relationship with God after the incident when most of the jury were devout Christians, and even questioning the defense’s tow truck driver before relying on a truck driver on the jury to use “common sense” in deliberations.

Michael then asks Stefano to give some background on what happened in this case. Stefano explains how his client was an 18-wheeler driver who experienced air loss in his chassis while on the road during a bout of rain. He was unable to get off the roadway and eventually came to a hill, where he got stuck. He put out triangles on the road, but only put them out to about 160 feet instead of the required 200 feet. He gets back in his cab to avoid the rain when another semi comes over the hill, swerves, and jackknifes into the client’s semi. A witness later testified that the defendant driver was looking down the entire time.

Stefano’s client was flung from the sleeper cab into the front of the cab, where he hit his head and was left with a bad neck injury. They later discovered he also suffered a brain injury in the crash.

Listening to this story, Michael notices some clear issues Stefano had to face, including blocking the lane of traffic on the roadway and that he should have inspected the vehicle before departing. But shockingly, the jury found Stefano’s client 0% liable for the wreck. Of course, Michael asks how Stefano was able to do this. In short, the answer is putting in a LOT of work.

Stefano began to work up this case by consulting with experts, including one on CMV safety, to figure out what happens when a chassis loses air. Then, he held a total of five focus groups just on liability. At each focus group, he was asked questions that he didn’t have answers to. By the end, he learned so much from each of these groups that he went from 70% liability on his client in the first focus group to just 20% liability in the last focus group. The key was accepting and owning the things his client didn’t do right while focusing on the inattention of the defendant driver.

Another interesting aspect of this case was that the client’s brain injury wasn’t diagnosed for over a year after the crash. Luckily for Stefano, while the diagnosis took a while, his client’s symptoms were well documented from the time of the crash. He experienced intense dizziness, vertigo, depression, nightmares, and issues with directions. When they did a specialized MRI on him, they found that he did in fact have a brain injury, which explained all these symptoms.

Stefano then explains how the human story added credibility to the medical story. He had lots of “before and after” witnesses, including family, friends, and co-workers. Each of these witnesses had a distinct reason for being there, which Stefano made sure to emphasize since the order of the trial was much different than he had anticipated.

Stefano’s client received $4.6 million for economic damages and a massive $10 million for human loss, so Michael’s next question is about how he was able to get so much for human loss. Stefano shares his highly effective “damages pie chart,” which he finds particularly useful in cases with high medical expenses in the past and future. He divided the pie into 6 slices, with only one of those being past and future medical bills. He then fills the rest of the slices with examples from the case, such as physical impairment and loss of quality of life. This chart resonated so well with the jury that they asked for it during deliberations.

To wrap up the episode, Stefano highlights two points that he thinks are the most significant of this trial; flexibility and credibility. Trials will never to exactly how you planned them, so being able to adapt and roll with the punches is key. He also put a lot of effort into credibility, opting to go for an understated opening statement to ensure he didn’t overstate by event 1%. This built trust with the jury, resulting in this incredible verdict for Stefano’s client.

This podcast episode also covers getting over the fear of the jury, detailed stories of how Stefano connected with each juror individually, how Stefano adapted to the defense’s delay of the trial, and so much more.

 

Guest Bio:

Stefano D. Portigliatti is a trial attorney specializing in commercial motor vehicle cases at Coker Law, PA in Jacksonville, FL.  He has represented clients in over a hundred trucking cases and helped obtain millions of dollars in verdicts and settlements. Stefano is among the first 20 attorneys in the United States to pass a rigorous exam on trucking laws and an intensive background check to prove that his practice is dedicated to litigating trucking crash cases. He was also one of the youngest attorneys to be included among Super Lawyer’s Rising Stars and the National Trial Lawyers’ Top 40 Under 40.

Stefano often presents on topics related to trial and trucking litigation. He is on the Board of Regents of the Academy of Truck Accident Attorneys. He is also the founder of truck.law™, which assists other plaintiffs’ attorneys handling trucking cases with forms, resources, and seminars available at www.truck.law.

Stefano was born in Sao Paulo, Brazil, to a hard-working Italian family. Before becoming a lawyer, he was engaged in diverse business ventures across multiple continents. Stefano is the Vice President of SOAR Global Institute – a laboratory that researches human behavior and development. Stefano speaks internationally in the areas of emotional intelligence, innovation, and human development. He is a certified master coach and trainer and has developed several courses and systems that apply psychology and behavioral analytics to management and trial strategies.

Stefano is a musician and likes to sail, golf, cook and travel with his wife, Brittany, and their two sons, Luca and Leonardo.

 

92 – Delisi Friday – Back In Action: Post-Trial Discussion

In this episode of the Trial Lawyer Nation podcast, Michael sits down with his Director of Marketing and Business Development, Delisi Friday, for a retrospective look at his recent in-person trial, including prep, mindset and more, only 3 days after the case settled.

The episode begins in a unique way with Michael turning the tables on the traditional Trial Lawyer Nation format and passing the interviewer role to Delisi. She goes on to open the conversation about how Michael is doing after his recently settled trial. “I’m on cloud 9,” Michael says in response, before going into how fun it’s been getting back into a courtroom for his first in-person trial since February 2020. (For the post-trial discussion of that case, check out Ep 53 – The Verdict Is In! with Malorie Peacock.)

After a brief reflection from Michael about just how much he missed in-person trials, Delisi comments on the “calm confidence” he displayed throughout the trial and asks how he developed that skill. Michael goes on to describe working on his mindset and sense of self to “have joy in trial.” He elaborates by sharing how he worked to separate his value as a person and his worth as a lawyer from his trial results. This created an environment where he was not only able to have fun and focus on what he needed to do, but also remove unnecessary pressures.

“You don’t want to say ‘I don’t care whether I win or lose,’ because that’s not true […] but, I just let it go [and] went in there with, ‘I’m just going to have fun, I have a great story, I’m going to tell that story, and I’m going to trust the jury to do the right thing.’” – Michael Cowen

Following a discussion on the differences between this trial and trials in 2019, Michael goes into the unique jury selection process for this trial. For starters, to appropriately space the 45 potential jurors, a larger courtroom was used which came with its own obstacles, such as columns blocking peoples view, the need for multiple spotters, and jurors being unable to hear their peers which limited discussion. “This was probably a little better, because we actually got to talk to every single person and the judge didn’t give time limits. We got to spend a full day doing jury selection, which in south Texas is a rare thing.”

Circling back to voir dire from a conversation about the client in this case and the challenges that arose from her growing story, Delisi cites Joe Fried’s advice from a previous episode (Ep 86 – Challenging Your Paradigm) regarding being comfortable with your number and asks Michael about his number, how he got to it and if he brought it up in voir dire.

Click here to view/download Michael’s opening transcript for the case referenced in this episode.

“I wanted to mention the $30 million number, that was going to be my ask in the case, and I put a lot of thought into why I thought $30 million was fair in that case […] I wanted to get it out there early.” – Michael Cowen

In order to better understand the $30 million number, Michael goes on to describe his client’s injuries and her life before the incident. Before the incident, his client was a charge nurse at a women’s oncology unit in a top hospital in San Antonio. She enjoyed her job, helping others, the comradery with her fellow nurses and some well-deserved bonding time after a 12-hour shift. After the incident, however, that would quickly change.

Following an incident at Big Lots, where a 29-pound box hit her in the neck and shoulders, she would incur physical injuries such as a multi-level fusion in her neck, a rotator cuff injury, back pain and (we believe) a mild traumatic brain injury (mTBI).

Delisi then asks Michael about his decision to not have his client in the courtroom. Michael goes on to explain when your client is there, the jury is focused on them (seeing if they’re fidgeting, timing how long they’re seated/standing, etc.) and are not listening to the testimony. He also brings up that his client had some real psychological problems such as anxiety and depression, and that her moods could be unpredictable; a factor that he did not want to risk when presenting in front of a jury and felt would be unfair to her as well.

The only reason to really call her was fear that [the defense] would punish us for not calling her.” – Michael Cowen

Delisi shifts the conversation to Michael’s use of photos of the client before her injury. Michael explains that to know what someone’s lost, you need to know what they had, and how he had to “bring to life” the person she once was. He goes on to say that he worked with his client, her friends, family, and others to get a lot of photos of her smiling, and doing what she loved, to paint a picture of her joyful life. When talking to Michael after the case settled, one juror described the contrast of those smiling, happy photos to her current, pained photos as “striking.”

One of the final topics Delisi brings up in this episode, is Michael’s thoughts on trying his first case with his law partner (and frequent TLN guest) Sonia Rodriguez. He shares why it was a great bonding experience and while there may have been some differences in approaches, that he knows their trial team “will get there” after working more cases together. Delisi brings this topic full circle by discussing the importance of over-communicating with your staff, especially ones that you’ve not tried cases with before, to assure your trial preferences and processes are handled as smooth as possible for all parties involved.

The episode ends on a lighter note with Michael talking about an experience with his 10-year-old son, a meltdown, and his unique approach to make his son smile. He explains that during a 3-day weekend, his son did not want to do his homework and was less than thrilled about being asked to do so. Michael, attempting to soothe the situation, offered a unique (and very attorney) approach to the situation; a Change.org petition to end weekend homework. The two end by calling out to fans of Trial Lawyer Nation to make a 10-year-old boy (and many more 10-years-olds, for that matter) smile by adding their signature to the petition.

This episode also covers the differences between trials pre- and post-pandemic, Michael’s feelings about settling his case during his return to in-person trials, going against respectable defense lawyers, and much more.

76 – Benedict Morelli – Never Deviate: Telling the Truth, Trusting Your Instincts & Taking Risks

In this episode of the Trial Lawyer Nation podcast, Michael sits down with legendary trial lawyer Benedict Morelli. With several 8 and 9-figure verdicts under his belt from a wide range of civil litigation areas, Ben’s track record as an attorney and advocate is known across the country, from suing Bill O’Reilly for sexual harassment and representing Tracy Morgan in his trucking case against Walmart. He and Michael discuss Ben’s story and path to success, a number of his high-profile cases, how he connects with the jury, and so much more.

Ben’s legal career started over four years before he passed his bar exam, while he was working at a law firm in an administrative role. There, he had the opportunity sit in on several jury trials and jury selections. Because of this, he had a head start in figuring out what strategies worked for him, namely authenticity in front of the jury. He continues to hone his craft today by researching other cases and their results. Interestingly, he doesn’t focus so much on the amount the jury awarded. Instead, he digs deeper into the facts of the case to analyze how great the verdict really was and encourages his team of young lawyers to do the same.

After Ben explains that he simply refuses to play by the insurance’s rules of offering about half of what you ask for, Michael digs deeper into where Ben gets his courtroom confidence from. Ben uses something he calls “Ben Morelli’s personal moot court” and seeks feedback from his friends and family. He also references Tracy Morgan’s trucking case against Walmart, eloquently stating “When I have a royal flush, I don’t play it as a pair of two’s.” If you have a strong case in a good venue, have the guts to stick to your number while also analyzing the risk vs. the reward.

Ben is now at the point in his career where his reputation precedes him, and he shares a SHOCKING story from his case against Live Nation where it worked to his advantage.

Michael then digs in to one of Ben’s biggest strengths, how skilled he is at connecting with the jury. His short answer is, “I am them. I’m exactly them.” He grew up like most of them, doesn’t talk down to them, and ALWAYS tells them the truth. He also NEVER uses jury consultants or a mock jury, which is in stark contrast with how many of our previous guests choose a jury. Instead, he goes into voir dire with no bag, paper, or even a pen and ALWAYS sticks to his theory. He insists that his own instincts and knowledge have served him better over the years, and that “When I bet on the jury, I win.” While a unique approach, this technique has served him so well that he’s been told my numerous judges that he won the case in jury selection. He concludes this topi by clarifying that the most important thing is that you stick to who you are, and find what techniques work for you instead of “drinking the Kool-Aid.”

Ben is also unique by today’s standards because instead of specializing his practice, he takes on a wide variety of cases in different practice areas. His philosophy on this is that if it’s a civil case, he can learn it. He also genuinely enjoys the challenge and takes a lot of pride in the diversity of his practice, something he urges other lawyers to consider before they specialize.

Michael then asks Ben how he motivates and educates his large team of young lawyers.  Ben describes his daily meetings with his lawyers and also with his staff. “I’m never too important,” he continues. Every attorney in the firm knows he will personally read every single thing they write. Michael agrees with this philosophy, and he and Ben discuss why it’s so imperative to stay involved in the litigation aspect of your firm, even after you’ve built up a great team.

The pair ends the episode by discussing two of Ben’s star-studded cases – Tracy Morgan’s trucking case against Walmart and suing Bill O’Reilly for sexual harassment. After sharing what it was like to represent a celebrity of Tracy Morgan’s caliber, he explains how suing Bill O’Reilly was one of the most nerve-wracking cases he’s ever had. They went after Ben, his wife, and his practice “with a vengeance.” The details of this story are shocking and Ben’s decision to stick with the case is truly inspiring.

This podcast also covers individual case lawyers vs. mass tort case lawyers, how Ben orders his witnesses (and why it’s SO important), how to internalize what your client’s been through, the power that plaintiff’s attorneys have, Ben’s record-breaking sexual harassment suit verdict, why Ben chose not to specialize his practice, and so much more. This episode is full of insightful and inspiring stories that are well worth the listen!

 

Guest Bio:

Benedict Morelli is one of the most successful plaintiff attorneys in the country, securing numerous multimillion-dollar results, including a $95M verdict in a sexual harassment case and a $102M verdict against Live Nation. He also helped negotiate a $265M settlement – the largest settlement for a passenger railroad accident in US history – for victims of the 2015 Amtrak train derailment. Mr. Morelli and his firm often litigate high-profile cases, including representing comedian Tracy Morgan in his lawsuit against Walmart and being one of the first to successfully sue Bill O’Reilly and Fox News for sexual harassment. He has deep experience in a variety of civil matters, including personal injury, truck and auto accidents, employment discrimination, medical malpractice, and product liability.

 

67 – Brendan Lupetin – Masked Justice: Part 1

In this Trial Lawyer Nation podcast, Michael sits down with trial attorney Brendan Lupetin out of Pittsburgh, Pennsylvania. Brendan, a self-proclaimed “trial nerd,” is one of just a handful of attorneys who has tried a case in the era of COVID-19, receiving a $10.8 million dollar jury verdict on his medical negligence case. They’ll discuss Brendan’s background, the details of the case, how he prepared, what it was like trying a case during a pandemic, and his advice for lawyers and courts across the country to start having jury trials again.

The episode begins with an overview of Brendan’s background and how he became the successful trial lawyer he is today. He explains how he began by trying about 10 bad cases where he lost “in brutal fashion,” and finally found his first victory with a $500 rear-end car case verdict. Since then, he’s focused on reading everything and anything he can on trials. Now, he’s tried 40 cases to jury verdict and has found great success in the last 10.

As a self-proclaimed “trial nerd,” Brendan spends most of his free time reading and studying the work of other great trial lawyers and legal scholars, citing Rick Friedman, Keith Mitnik, David Ball, Artemis Malekpour, Jude Basille, and many others. He and Michael discuss the difficulties of implementing all the trial theories and strategies available today, but Brendan explains how his approach is to blend them all together to find what works best for him. A sentiment echoed by Michael and certainly a recurring theme on the show.
Michael then asks Brendan about the details of the medical malpractice case he recently tried. While the difficulties of trying a case during a pandemic are apparent, Brendan insists his job was made easier by the fact that this was truly a great case. Brendan’s client, a 41-year old father and project manager, went to the hospital for an MRI. He had an allergic reaction to the contrasting chemical they injected him with. While the hospital had policies in place to protect patients in the event of an allergic reaction, none of those policies were followed and Brendan’s client was unfortunately left with a severe brain injury.

Michael then notes that Brendan ended up with such a simple theory, which Brendan explains was a long road to get to. They originally had 3 defendants, but after numerous focus groups and hiring John Campbell of Empirical Jury to run a study after Brendan “serendipitously” listened to his podcast episode 3 ½ weeks before the trial, they decided to drop one of the defendants because he complicated the story. Michael agrees that this was a smart move, quoting Rodney Jew by saying, “If you chase two rabbits, you won’t catch either one.”

Brendan also kept in mind Mark Mandell’s case framing theory throughout the trial and describes how he was tempted to dispute the defense’s timeline of events because he found they were about a minute and a half off. But after employing the case framing theory, he and his partner decided to leave that out because it drew away from the main focus of the case – “Policy violations caused delay, and delay is never good in an emergency.”

Michael then asks Brendan what else he’s learned throughout his study of advocacy that he used in the trial, to which Brendan simply replies, “everything.” He describes his journey to crafting the perfect opening statement, employing techniques from David Ball, Nick Rowley, Keith Mitnik, and many others. He also recorded the final product and shared it on his YouTube channel. It’s clear throughout the episode that Brendan is truly a lifelong learner and is constantly honing his craft as a trial lawyer.

After gaining insight into the case and Brendan’s trial techniques, Michael asks the question on everyone’s mind – What was it like trying a case during the pandemic? Brendan first gives credit to Judge Jackie Bernard and the court system for setting up an incredibly safe and effective trial plan, and emphasizes the need for more courts to follow suit and begin holding jury trials again.
The court began by sending out a questionnaire to potential jurors which asked hardship questions, immediately excluding anybody who had health concerns or was extremely uncomfortable attending a trial because of COVID-19. Voir dire was held in a huge courtroom with 45 people in the room, and 45 others in a separate room watching on video. The process was so streamlined and well planned that they were able to select the jury in less than four hours.

Once the trial began, this attention to detail became even more evident. Everybody wore masks for the duration of the trial, there was plexiglass around the judge and witness stand, and the jury was spread out around the room in a way so creative you have to hear it to believe it. By using these precautions, the trial went on without a hitch and with a significantly lower risk of infection than a traditional trial set up.

Brendan and Michael agree that without a significant threat of a trial, their big cases won’t result in a fair settlement. They discuss the immediate need for courts to find a safe solution to continue jury trials and the need for plaintiff lawyers to work together to persuade their courts to do so.

They end the episode on a surprising note. Brendan explains how everybody thinks trying a case during the pandemic is this crazy experience, but he said it really didn’t feel very different from trying a case in a courtroom you haven’t been in before. You always need to adapt to a new judge’s rules, a new courtroom set up, etc. This wasn’t much different than that. And by implementing the safety precautions Brendan described, courts around the country can begin to open and allow the pursuit of justice instead of pushing trials off further and further. As Brendan poetically put it, “Hope is not a plan.”

If you’d like to learn more from Brendan Lupetin, visit his firm’s website and subscribe to his YouTube channel.

This podcast also covers Brendan’s favorite closing strategy, obtaining a representative jury during COVID-19, the “freaky” accurate results of Brendan’s Empirical Jury study with John Campbell, and so much more.

 

Interested in hearing more COVID Era trial stories? Check out our other Masked Justice episodes:

 

Bio:

Brendan is a trial lawyer in Pittsburgh, Pennsylvania.  He focuses on medical malpractice, product defect and personal injury law.  He loves helping the people he represents and trying their cases to jury verdict when necessary.

Brendan is a trial nerd and truly enjoys reading trial books, studying trial videos and seminars, watching trials and “talking shop” with fellow trial lawyers.

The son of a doctor and trauma counselor Brendan learned early on the importance of compassion, empathy and to always stand up for what is right, no matter the consequence.

Following a four-year tenure as a scholarship swimmer, Brendan received his B.S. from the University of Pittsburgh in 2000 and his J.D. from the University of Pittsburgh School of Law in 2005.
During his career, Brendan has tried numerous cases of all types to jury verdict.  Over the course of the past several years, Brendan has obtained numerous multi-million-dollar verdicts for his clients – all of which far exceeded the highest offers of settlement.

What Brendan loves more than anything, however, is spending time with his wife and high school sweetheart Lacey and their three sons Nathan, John and Owen.

 

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