Best Practices with Kenny Berger

Hosted by Kenneth Berger

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Episodes

100

Latest episode

Aug 2026

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EN-US

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

August 12, 2026Episode 1447 min

Beyond Aviation: Maximizing Damages in Catastrophic Cases | Attorney Andrew Robb | S6 Ep. 14

Most lawyers build damages by documenting what their client earned. Andrew Robb explains how to build damages by proving what your client still could have become. In the 100th episode of Best Practices with Kenny Berger , Andrew shares the framework his firm has developed through decades of catastrophic aviation litigation to uncover, develop, and present damages that many lawyers never think to pursue. Rather than stopping with employment records and economic projections, he explains how to investigate a client's ambitions, opportunities, relationships, and future potential to paint a more complete picture of what was truly taken. What You'll Learn Andrew shares practical strategies for: Developing stronger economic damages by proving future potential, not just past earnings. Investigating the people, experiences, and evidence that reveal your client's unrealized future. Using powerful liability evidence to maximize compensatory damages instead of relying on punitive damages. Building credibility with jurors by presenting realistic damages models and giving them meaningful choices. Conducting root cause analysis to identify the specific failure that caused a catastrophic event. Presenting emotional damages in a way that earns trust instead of creating juror resistance. The Bigger Lesson The conversation goes far beyond aviation. Andrew explains why the most valuable catastrophic cases are often built by asking better questions, looking deeper into your client's story, and making strategic decisions that maximize what your client can actually recover—not simply what a jury might award. Whether you're handling a wrongful death case, a trucking collision, medical malpractice, or any other catastrophic injury claim, this episode offers practical ideas for developing stronger damages evidence, making more thoughtful litigation decisions, and ultimately achieving better outcomes for your clients.

July 29, 2026Episode 1349 min

The Conservative Venue Playbook | Attorney Michael Goldberg | S6 Ep. 13

Trying cases in conservative venues requires more than adjusting your presentation. It requires better judgment. In this episode of Best Practices with Kenny Berger, Kenny sits down with veteran trial lawyer Michael Goldberg of Fried Goldberg to discuss the practical decisions that shape successful trial strategy long before a jury begins deliberating. Drawing on decades of experience trying cases across the Southeast, Michael explains how to evaluate a venue, determine what a case is truly worth, and build the credibility that allows jurors to trust both you and your client. What You'll Learn Michael shares practical strategies for: Evaluating whether a venue is actually conservative instead of relying on reputation. Determining case value based on venue demographics, jury history, and local insight. Building credibility from opening statement through closing argument. Simplifying witness testimony and eliminating unnecessary evidence. Asking for significant damages with confidence while maintaining credibility. Helping jurors reach the right conclusion without over-arguing your case. Presenting a more efficient trial that respects jurors' time and attention. The Bigger Lesson This conversation goes beyond trial tactics. Michael explains why great trial lawyers don't overwhelm jurors with information. They earn trust by keeping their promises, presenting only what matters, and giving jurors the confidence to reach the right conclusion on their own. Whether you're preparing for trial in a conservative venue or simply looking to become a more disciplined and persuasive advocate, this episode offers practical lessons that can strengthen the way you prepare every case.

July 15, 2026Episode 1245 min

The Mental Game of Trial Law | Attorney Przemek Lubecki | S6 Ep. 12

In this episode of Best Practices with Kenny Berger , Kenny sits down with trial lawyer Przemek Lubecki for a conversation about the mental side of trial work and why preparation alone is not enough to perform at your best in the courtroom. Drawing on lessons from sports psychology and years of trial experience, Przemek explains how confidence, self-image, and repetition influence a lawyer's ability to execute under pressure. He shares practical insights on developing the mindset of a high-performing trial lawyer, building confidence through deliberate practice, and staying present when the stakes are highest. The conversation also explores why great trial lawyers are driven by a passion for the process, how small improvements compound over time, and what it takes to consistently perform when it matters most. This episode is a practical look at the habits and mindset that help trial lawyers bridge the gap between preparation and performance. In this episode, they discuss: How confidence and self-image influence trial performance Practical ways to prepare for high-pressure courtroom moments Why repetition and deliberate practice create better advocates Lessons from sports psychology that apply to trial work Developing a passion for the process of becoming a better trial lawyer

July 1, 2026Episode 1152 min

The Small Decisions That Win Big Cases | Attorney Zach Sprouse | S6 Ep. 11

In this episode of Best Practices with Kenny Berger, Kenny sits down with Savannah trial lawyer Zach Sprouse to break down the trial strategies that helped turn a $180,000 pretrial offer into a $4.95 million verdict. The conversation follows the case from jury selection through closing argument, exploring the series of decisions that shaped the outcome. Zach shares how he approached difficult facts, developed themes during voir dire, structured his order of proof, and worked to build credibility with jurors from the very beginning of trial. This episode is a practical look at how thoughtful trial strategy, careful preparation, and a commitment to credibility can influence the outcome of a case long before the jury begins deliberating. In this episode, they discuss: Using voir dire to introduce themes that carry through trial Addressing difficult facts before the defense can use them Structuring witness order to strengthen credibility and storytelling Presenting damages in a way jurors can understand and embrace Building trust with jurors through honesty, preparation, and consistency

June 17, 2026Episode 1051 min

The Trial Lawyer's Guide to Persuasive Writing | Attorney Kurt Zaner | S6 Ep. 10

In this episode of Best Practices with Kenny Berger, Kenny sits down with Denver trial attorney Kurt Zaner for a conversation about one of the most overlooked skills in trial practice: persuasive writing. Kurt explains why every brief, motion, and filing is an opportunity to shape the story of the case long before trial begins. From understanding your audience to simplifying complex issues, he shares practical strategies for writing in a way that informs, persuades, and builds credibility with the court. The conversation also explores how strong legal writing supports stronger trial advocacy, helping lawyers develop themes, preserve key issues, and create a foundation for success before ever stepping into the courtroom. This episode is a practical look at how better writing can become a competitive advantage for any trial lawyer. In this episode, they discuss: Writing with the reader in mind and understanding your true audience Simplifying complex legal issues without sacrificing substance Using motions and briefs to reinforce your case theme early Building credibility through clear, persuasive writing How effective legal writing strengthens trial strategy from the outset

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 bills Liability eventually admitted Defense focused on minimizing the injury But 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