Rephonic
Artwork for Picking Justice
Jury Selection
Voir Dire
Damages
Wrongful Death
Bias
California
Trial Law / Jury Selection
Quality Of Life
Tesla
Trial Law
Jury Voir Dire
Colorado
San Diego
Fairness Vs Impartiality
Sean Claggett
Civil Litigation
Victim To Victor
Pain and Suffering
Trial Lawyers University
Nevada

Attention Trial Lawyers: You’ve meticulously crafted your opening statement, mastered your directs and crosses, and fine-tuned your closing argument. But have you developed a strategy for jury selection? What will you do when a potential juror gives an unexpected answer? Do you even want that person on your jury? The clock is ticking — you need to think fast. Introducing Picking Justice, the essen... more

PublishesTwice monthlyEpisodes40Founded2 years ago
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Artwork for Picking Justice

Latest Episodes

Most jurors haven't decided how they feel about giving millions for pain and suffering until the trial's nearly over — so how do you spot the ones who never will? In this deep dive, hosts Harry Plotkin and Dan Kramer unpack the "Health Is Wealth" que... more

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Federal court voir dire is often "judicial speed dating" — sometimes just 25 minutes to question 55 strangers. Brett Schreiber of Singleton Schreiber pulled it off before landing a landmark verdict against Tesla, and he joins hosts Harry Plotkin and ... more

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Most trial lawyers walk into voir dire with a script and a checklist. Throw both out, says Mel Orchard of the Spence Law Firm in Wyoming, a member of the Inner Circle of Advocates. He opens instead by asking jurors whether anything affected them on t... more

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Imagine trying a case with clear liability and catastrophic damages, with each day of evidence going your way — and still walking away with a defense verdict. That 2018 loss shaped Nevada trial lawyer Kimball Jones' voir dire philosophy and the verdi... more

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Recent Guests

Brett Schreiber
Plaintiff-side attorney, Singleton Schreiber
Singleton Schreiber
Episode: Brett Schreiber – Two Cups and a Pitcher of Blame
Mel Orchard
Jury consultant from the Spence Firm in Wyoming
Spence Firm
Episode: Mel Orchard — Get the Wrong Jurors to Out Themselves
Kimball Jones
Trial lawyer from Nevada with a seven- to nine-figure verdict run
Nevada law practice
Episode: Kimball Jones – Voir Dire Lessons from a 9-Figure Verdict Run
Bernard Alexander
Trial lawyer specializing in employment litigation
California law firms mentioned in episode
Episode: Bernard Alexander – The Beauty of Employment Litigation, from the Lawyer Who Won $136M Against Tesla
Jennifer Keller
Attorney focused on commercial litigation and PI work in California
Private practice in California
Episode: Jennifer Keller – Business Behaving Badly? Telling Jurors "It's a Company" Isn’t Enough
David deRubertis
Employment lawyer specializing in jury selection; California employment litigation expert
Episode: David deRubertis – How I Stopped Hating Jury Selection
Samantha Teal
Trial consultant, SMT Litigation Consulting
SMT Litigation Consulting
Episode: Samantha Teal – What I’ve Learned from Consulting on More Than 100 Trials
Orlando DeCastro Verde
Attorney, founder of the Orlando DeCastro Verde Law Group; partner at his firm
DLG Team / Castor Verde law firm
Episode: Daniel Rodriguez – This Farmworker's Son Seeds Million-Dollar Verdicts
Dirk Vandever
Trial lawyer and jury selection expert
Vandever Law (Kansas City)
Episode: Dirk Vandever – The “Jeff Bezos” Approach to Winning Conservative Jurors

Hosts

Dan Kramer
Trial lawyer and co-host with a focus on jury selection tactics and trial strategy.
Harry Plotkin
Jury consultant with deep expertise in voir dire and jury dynamics.

Chart Rankings

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Talking Points

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Brett Schreiber – Two Cups and a Pitcher of Blame
Q: How do you structure your voir dire prep and what role does the 'cups and pitcher' metaphor play in opening and closing?
He describes using a concise game plan with predefined topics, while the cups metaphor is introduced early to frame shared responsibility and guide juror discussion, helping to normalize the concept for jurors who may be hesitant to speak.
Brett Schreiber – Two Cups and a Pitcher of Blame
Q: How did you approach interviewing 55 jurors in 25 minutes of voir dire in a federal court setting?
Brett explains using a hybrid setup: bold topic areas with a few key points, and selective questions to surface cause challenges, while relying on a narrative to guide juror discussion and keep the panel engaged within the strict time constraint.
Keith Bruno – The Jurors Seem to Like You? Get Over It
Q: How do you handle money and damages questions with jurors in voir dire?
They describe mini openings, discussing money in a structured way, and using alternate universes to surface attitudes toward large-scale damages and accountability.
Keith Bruno – The Jurors Seem to Like You? Get Over It
Q: What is your philosophy on pushing back during voir dire or closing arguments?
The speakers discuss using measured pushback to surface biases, with emphasis on staying genuine and focused on data rather than personal theatrics.

Audience Metrics

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Frequently Asked Questions About Picking Justice

What is Picking Justice about and what kind of topics does it cover?

This show centers on jury selection for trial lawyers, blending practical voir dire tactics with storytelling and psychology to uncover juror biases and craft compelling case narratives. Episodes frequently feature veteran jury consultants and trial lawyers who share battle-tested techniques for questioning, bias detection, and managing damages discussions, along with real-world courtroom anecdotes. A standout aspect is the emphasis on humanizing jurors and turning voir dire into a collaborative, civically responsible process rather than a pure tactical game. Listeners can expect actionable frameworks, plug-and-play question structures, and discussions about ethics, juror data, and the role of visuals and demonstrations in trials. The forma... more

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Which podcasts are similar to Picking Justice?

These podcasts share a similar audience with Picking Justice:

1. Trial Lawyers University
2. Elawvate: The Trial Lawyer Podcast
3. Trial Lawyer Nation
4. Best Practices with Kenny Berger
5. Sari Swears

How many episodes of Picking Justice are there?

Picking Justice launched 2 years ago and published 40 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Picking Justice?

Recent guests on Picking Justice include:

1. Brett Schreiber
2. Mel Orchard
3. Kimball Jones
4. Bernard Alexander
5. Jennifer Keller
6. David deRubertis
7. Samantha Teal
8. Orlando DeCastro Verde

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