Best Practices with Kenny Berger

Hosted by Kenneth Berger

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Latest episode

Jun 2026

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About the show

Best Practices is a legal podcast where South Carolina attorney, Kenneth Berger, interviews trial lawyers from around the country with regard to aspects of their practice that have helped them reach the top of the field. Tune in every other week for interviews covering everything from case selection to closing argument.

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60 recent

June 3, 2026Episode 91 hr 8 min

Building a Trial System That Wins | Attorney Sean Claggett | S6 Ep. 9

In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Sean Claggett of Claggett & Sykes for a conversation that starts with focus groups and quickly expands into something much bigger.Sean shares how collecting and analyzing juror feedback has shaped the way he prepares cases, develops themes, and approaches trial strategy. But the discussion goes beyond focus groups. It explores how trial lawyers can build systems, teams, and processes that turn information into better decisions and better outcomes for clients.From early case evaluation to trial preparation, Sean explains how he uses data to identify risks, test ideas, and refine the story before ever stepping into the courtroom. He also discusses the people, structure, and discipline required to make that approach work at a high level.This episode is a practical look at building a trial practice that learns, adapts, and improves with every case.In this episode, they discuss:• Using focus groups to identify case weaknesses early• Turning juror feedback into actionable trial strategy• Building systems that help trial lawyers make better decisions• Structuring teams to maximize the value of focus group data• Creating a repeatable process for trial preparation and case development

May 20, 2026Episode 842 min

Negotiating Safety Into Settlement | Attorney Matt Nakajima | S6 Ep. 8

In this episode of Best Practices with Kenny Berger, Kenny sits down with Matt Nakajima of Rittgers Rittgers & Nakajima for a conversation about using settlement negotiations to create change beyond a single case.Drawing from his experience handling serious injury cases, Matt shares how settlements can become an opportunity to improve safety practices, influence company policies, and help prevent similar harm from happening again. The conversation explores the balance between obtaining meaningful results for a client while also thinking about the broader impact a case can have on a community.This episode is a practical look at how plaintiff lawyers can approach settlement strategy with both accountability and long-term safety in mind.In this episode, you'll hear:• How to negotiate non-monetary settlement terms tied to safety changes• Ways plaintiff lawyers can use leverage to influence corporate behavior• Structuring settlements to create accountability beyond compensation• Practical examples of safety-focused terms included in real cases• Why certain cases present opportunities to create long-term community impact

April 22, 2026Episode 752 min

Simplifying a $25M Medical Malpractice Verdict | Attorney Meryl Poulin | S6 Ep. 7

In this episode of Best Practices with Kenny Berger, Kenny sits down with Maine trial lawyer Meryl Poulin of Gideon Asen to break down a medical malpractice case that resulted in a $25 million verdict.Meryl shares her journey into medical malpractice law and the responsibility that comes with handling these cases. She recounts the story of Jazzy, a 15-year-old girl whose life was cut short after a missed diagnosis, and how that loss shaped the way the case was presented at trial.What could have been a highly technical case was approached with clarity and discipline. Meryl explains how she kept the focus on what mattered, helping the jury understand the failures in care without getting lost in medical complexity. She also discusses the role of expert testimony, the importance of preparation, and how to present a case involving a child in a way that builds connection while maintaining credibility.This episode offers a practical look at how thoughtful strategy and clear storytelling can shape the way a jury understands a case.In this episode, they discuss:• Simplifying a complex medical malpractice case for a jury• Presenting the story of a child without overcomplicating or overstating the case• The role of expert witnesses in establishing standard of care• Trial preparation in high-stakes medical malpractice cases• Keeping the jury focused on what matters most

April 8, 2026Episode 656 min

From $5,000 Offer to $10 Million Verdict: Proving Human Loss at Trial | Attorney Brandon Yosha | S6 Ep. 6

Large verdicts rarely come from the injury alone.In this episode of Best Practices with Kenny Berger, Kenny sits down with Indiana trial lawyer Brandon Yosha to break down a case that resulted in a $10 million verdict after a $5,000 offer at mediation.At first glance, this was not a high-value case:Limited medical billsLiability eventually admittedDefense focused on minimizing the injuryBut the result tells a different story.This is a conversation about what actually moved the jury and what did not. About where the value in a case really comes from. And about the work it takes to build a case that a jury can fully understand.

March 25, 2026Episode 51 hr 7 min

Using Focus Groups to Shape Trial Strategy | Attorney Michael Karp | S6 Ep. 5

In this episode of Best Practices, Kenny Berger is joined by Wisconsin trial lawyer Michael Karp to discuss how focus groups are shaping the way he builds and tries cases.Michael shares how he went shifted his practice to a focused trial model built around understanding juror perspective. He breaks down how running focus groups early and often helps identify risk, refine case framing, and ultimately control the arguments that matter most at trial. The conversation also explores trial presentation, the importance of community, and how to build a sustainable practice without losing sight of what matters outside the courtroom.This episode offers a practical look at how to think like a juror and why that shift can change everything.In this episode, they discuss:• Running focus groups early to evaluate and shape cases• Identifying how you lose before deciding how to win• Using juror feedback to refine case framing and strategy• Structuring a practice around trial work instead of volume• Turning trial presentation into a conversation, not a performance• Building a sustainable practice while staying connected to family and purpose

March 11, 20261 hr 0 min

From Voir Dire to Verdict: $27.5M Case Breakdown | Attorneys Mary Simon & Tim Cronin | S6 Ep. 4

In this episode of Best Practices, Kenny Berger is joined by guest host Chris Finney and trial lawyers Mary Simon and Tim Cronin of the Simon Law Firm to break down their recent $27.5 million verdict in a motorcycle collision case.Mary and Tim walk through the case from voir dire to verdict, explaining how they approached jury selection, handled sensitive issues at trial, and told a damages story that resonated with jurors. They also discuss how the defense’s trial strategy shaped the jury’s perception and how authenticity and preparation helped guide the case to a powerful result.This episode offers a practical look at the decisions that matter most when trying a case.In this episode, they discuss:• Identifying potential jury leaders during voir dire • Addressing bias in a case involving a young defendant and a motorcycle rider • Structuring a clear and focused opening statement • Handling difficult cross-examination tactics at trial • Presenting damages in a way jurors understandTune in to hear how Mary and Tim navigated key trial moments, earned the jury’s trust, and ultimately secured a $27.5 million verdict.

February 25, 2026Episode 352 min

Trying Cases Outside Your Home State | Attorney Scott Frost | S6 Ep. 3

In this episode of Best Practices with Kenny Berger, Kenny sits down with Scott Frost to break down what it really takes to try a case outside your home state without stepping on the landmines that can cost you credibility or your verdict.From pro hac vice strategy to protecting a win on appeal, Scott shares the systems he uses to prepare, adapt, and safeguard the record when trying cases in unfamiliar jurisdictions.In this episode, they cover:Pro hac vice best practices and avoiding preventable mistakesWhy strong local counsel is worth the fee splitMastering local rules before you step into the courtroomBuilding rapport with court staff before trial beginsUsing trial briefs and offers of proof to protect the recordClosing strategy when you are not from the jurisdictionIf you’re trying cases across state lines, this episode is a practical guide to winning the trial and keeping the verdict.

February 11, 2026Episode 250 min

Using Big Data to Drive Big Verdicts | Attorney Al Foeckler | S6 Ep. 2

In this episode of Best Practices with Kenny Berger, Kenny sits down with Wisconsin trial lawyer Al Foeckler to break down how big data shaped strategy, decision-making, and ultimately a $15 million verdict in a wrongful death case. Al walks through the real-time choices his team faced before and during trial, including whether to tell the jury the value of the case in opening, how data informed that decision, and why dropping certain claims actually increased the overall recovery. The conversation dives into credibility, preparation, and the discipline required to trust the numbers while still honoring the human story at the center of the case.This episode covers:How big data influences case valuation and win ratesWhen and how to introduce large numbers to a juryUsing voir dire to frame value and burden of proofBuilding credibility through preparation and follow-throughStructuring order of proof to create momentum and clarityTurning complex facts into a story jurors can visualize and rememberThroughout the discussion, Al emphasizes that big verdicts are not about bravado. They are about preparation, authenticity, and making strategic decisions grounded in evidence, data, and respect for the jury.

January 28, 2026Episode 152 min

Show, Don’t Tell: Demonstratives, Memory, and Modern Trial Advocacy | Attorney Geordan Logan | S6 Ep. 1

In the Season 6 opener of Best Practices with Kenny Berger, Kenny sits down with Geordan Logan of Claggett & Sykes to explore why the most effective trial lawyers don’t just tell stories, they show them.Drawing on his background as an Air Force instructor, corporate educator, public defender, and plaintiff trial lawyer, Geordan explains how adults learn, remember, and make decisions in the courtroom. His guiding principle, “edutainment,” focuses on using visuals and storytelling to capture attention, build credibility, and give jurors memory “hooks” they can carry into deliberations.In this episode, you’ll hear practical strategies for:Designing openings that act as a clear roadmap for the entire trialUsing demonstratives and visuals to reinforce credibility and focus juror attentionPreempting defense arguments by framing and dismantling them earlyHumanizing damages so jurors understand what was truly taken, not just the numbersKenny and Geordan also discuss the mission behind Outer Realm, a national community of plaintiff lawyers committed to sharing knowledge, strengthening trial advocacy, and protecting the Seventh Amendment.If you want jurors to remember your case and trust the story you’re telling, this episode sets the framework.

December 3, 2025Episode 1447 min

From Intake to Verdict: Designing Cases That Win | Attorney Dan Schaar | S5 Ep. 14

How do great trial lawyers build cases that resonate with jurors from the very first conversation? In this season-closing episode of Best Practices with Kenny Berger, Kenny sits down with California trial lawyer Dan Schaar to break down the full arc of trial preparation, starting at intake and carrying all the way through opening, closing, and rebuttal.Dan shares the systems and strategies he uses to design winning cases: identifying the human story early, reframing bad facts, uncovering defendant “choices” rather than “accidents,” and empowering jurors to return the right verdict for the right reasons. They discuss:— Starting trial prep at intake and organizing facts into a working trial framework— How to build the human story and gather authentic, powerful testimony— Reframing defense themes— Structuring openings, closings, and rebuttals as a unified, jury-empowering narrativeWhether you're preparing for your first trial or refining your next opening, this episode is packed with practical insights you can apply immediately in your next case. Hosted by South Carolina Injury Lawyer Kenny Berger | Best Practices with Kenny Berger