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Erich Vieth

Erich Vieth

Host of The Jury is Out

For more than thirty years, Erich Vieth has worked as a trial and appellate attorney in St. Louis. His experience includes numerous first chair trials before federal and state judges and juries. He has been lead author of many appellate briefs and presented oral arguments to both federal and state appellate courts.

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Recent Episodes
April 17, 2024

EP 506- Nitrous Oxide Trial Part Two

Nitrous oxide is primarily used to make whipped cream, so why is it being sold in smoke shops?  That’s what Johnny Simon wanted to know…and his winning argument will help remove this...

March 20, 2024

EP 504- Mentorship with Mary Simon Part Two

In part two, we share our mentor’s most impactful lessons and talk about the benefits of building long lasting relationships through mentorship.  No matter if you are the mentor or the mentee,...

March 6, 2024

EP 503- Mentorship with Mary Simon Part One

Mentorship improves competence and confidence. John brings his daughter Attorney Mary Simonto the mic to discuss the power of mentorship for personal and professional growth.

February 21, 2024

EP 502- Jury Nullification Part Two

We continue our discussion on jury nullification with examples we’ve encountered in recent cases and offer tips on how you can address possible nullification issues through argument, motions in limine or jury...

February 7, 2024

EP 501- Jury Nullification Part One

Can a jury render a verdict that is outside the law? And if so, can you encourage them to do so?  We’ll discuss the history of jury nullification, how some attorneys try...

January 24, 2024

EP 456- Legal Office Management with Angela Louis Part Two

Management expert Angela Louis discusses the unique challenges facing plaintiff’s firms and suggests key traits every successful office administrator should have.  She also offers tips on how to continuously support the firm’s...

January 10, 2024

EP 455- Legal Office Management with Angela Louis Part One

Are you spending more time running your firm than handling your cases? That’s the tipping point when you should hand off those responsibilities to a qualified legal office manager. Angela Louis, the...

January 3, 2024

EP 454- Deadlocked

We are seeing more deadlocked juries in which jurors refuse to discuss the facts of the case. Today’s discussion addresses not only the legal implications of a refusal to engage in productive...

December 27, 2023

EP 453- Discovery Abuse with Ferne Wolf Part Three

Our final episode with Ferne Wolf of Silverstein Wolf covers your ethical obligations during document discovery, how to respond to a document dump and when to ask for documents in native form.

December 20, 2023

EP 452- Discovery Abuse with Ferne Wolf Part Two

In Part Two of our discussion with Employment Law Attorney Ferne Wolf, we take an in-depth look at rule 30B6, issues regarding designating corporate witnesses and how to handle refusals to disclose...

December 13, 2023

EP 451- Discovery Abuse with Ferne Wolf Part One

Have you noticed more attorneys objecting to written discovery? Why? In this three-part discussion, Employment Law Attorney Ferne Wolf examines how the rules of professional conduct overlap with the civil rules regarding...

December 6, 2023

EP 450- Lawyers in Leadership with Elise Holtzman

Are you satisfied when your firm is “good enough”? Professional development coach Elise Holtzman challenges you to strategically examine your workplace and your personality to improve your business, create more successful communication...

November 29, 2023

EP 449- Pillars of Business Development with Elise Holtzman

Would you like to generate more business? Elise Holtzman is founder of The Lawyer’s Edge, a leadership development firm that helps attorneys become more proactive about business development and career acceleration.

October 25, 2023

EP 444- Results Don’t Lie Part Two-Building the Case

How do you build a case against a hospital system and a doctor who you claim turned his patient into an opioid addict? The plaintiff’s stories about how this growing opioid addiction...

October 11, 2023

ENCORE EP108 – Selecting Expert Witnesses with Erica Slater

Expert witnesses can make or break your case. Not only do they need to understand the facts of the case and the subject matter, but they must also clearly communicate their position...

October 4, 2023

EP 442- Show and Tell

After 72 hours, most people remember about 10% of the information they hear, but 20% of what they see. And when we hear and see the same information, we retain 65%. John...

September 27, 2023

ENCORE Marketing Without Going Out of Your Way

Marketing is more than billboards and blogs. Your own genuine interest in the people you interact with every day can be your most effective marketing tool. John and Erich discuss simple, low-cost...

September 20, 2023

ENCORE Fighting Among Friends with Defense Attorney Tim Gearin

Even though you are on opposite sides of the case, having an adversarial relationship with opposing counsel is probably not the best approach for you or your client. Defense attorney Tim Gearin...

September 13, 2023

ENCORE – Alvin Wolff’s 40 Tips from 40 Years Part Two

You’ve probably made lists of how to win your case, but Alvin Wolff suggests it may be more beneficial to consider 20 ways to lose. Hear the rest of Alvin’s tried and...

September 6, 2023

ENCORE Alvin Wolff’s 40 Tips from 40 Years Part One

“A client who has been through several lawyers is probably a client you wish you didn’t have.” St. Louis plaintiff Attorney Alvin Wolff has been practicing for over four decades and his...

August 30, 2023

EP 441- Corporate Rep Depositions for Product Liability

The corporate rep depo is a powerful tool to expand discovery and solidify facts in your case. Today’s discussion covers what information you should seek in a corporate rep depo, effective ways...

August 23, 2023

EP440- Building a Strong Foundation for Product Liability Part Two

Your product liability case isn’t just about a single product. Design changes, comparable models, previous incidents and marketing materials should be carefully examined to find the potential flaw or “profit over people”...

August 16, 2023

EP 439- Building a Strong Foundation for Product Liability Part One

 The scope of your pleadings dictates the scope of your discovery, and it’s important to make sure your pleadings are broad enough to allow discovery into all the product issues you need...

August 9, 2023

EP 438- Anatomy of a Product Liability Case Part Two

Our discussion on building a product liability case continues, with a focus on pre-suit discovery, regulations, industry standards and potential defendants that are often overlooked.

August 2, 2023

EP 437 – Anatomy of a Product Liability Case Part 1

Are you missing a product liability claim ? Product liability cases can be complex, challenging, and sometimes hard to recognize. John, Tim and Erich discuss how to recognize and evaluate a product...

July 12, 2023

EP 434 – Will technology give me back the years in my life?? Joy Holley Part 2

Let’s talk technology, eDiscovery, Chat GPT and how to make use of our time in a productive way.  All of these tools are coming at us lightning fast – listen to our...

July 5, 2023

EP433 – Ethical AI Integration with Joy Holley Part One

Artificial Intelligence has significant impact on all industries and especially in the legal industry.  Joy Holley discusses the exponential growth of AI and the use in legal and in which the courts...

June 28, 2023

EP432 – High Profile Cases with Robert Haar Part Two

Handling a high profile case? Attorney Robert Haar has a few helpful tips on how to deal with the press, convincing reluctant witnesses to cooperate, and the power of taking pride in...

June 28, 2023

EP431- Handling High Profile Cases with Robert Haar Part One

Bombings. Organized crime. And witness protection programs. Gain insight into these interesting areas of the law with renowned St. Louis Attorney Robert Haar. Part One of our discussion covers these issues plus...

June 7, 2023

EP430- Preparing Your Expert Witness Part Two

There’s a good chance your expert is going to be asked about facts that aren’t in evidence, prior relationships with your firm and their own compensation in the case. Should you be...

May 31, 2023

EP429- Preparing Your Expert Witness Part One

You’ve been working on this case for 2 years and it’s looking good. Then your own expert destroys it with a devastating response in their deposition. Is it their fault or yours?...

May 24, 2023

EP428- Immigration Law with Javad Khazaeli Part Two

In Part Two of our enlightening discussion with immigration attorney Javad Khazaeli, you’ll learn more about roadblocks in the immigration system, including the antiquated process attorneys must attempt to follow to process...

May 17, 2023

EP427- Immigration Law with Javad Khazaeli Part One

Cut through the clutter of misinformation about immigration and find out the facts from our guest attorney, Javad Khazaeli.  Javad worked for Homeland Security and the Department of Labor before starting his...

May 10, 2023

EP426 – Creativity and the Law with Debbie Champion Part Two

Part Two of our conversation on creativity in the courtroom with Debbie Champion focuses on innovative approaches to voir dire and fresh ideas on how to “play nice” during cross. We’ll also...

May 3, 2023

EP425 – Creativity and the Law with Debbie Champion Part One

Have you ever considered bringing 49 massive jars of Skittles to the courtroom, dumping a 3-foot stack of medical records into the trash or placing something that looks like a bloody severed...

April 26, 2023

EP424 – Trial Guides with Tom Stewart Part Two

Part Two of our discussion with Tom Stewart focuses on avoiding common pitfalls in opening statements, how to direct on direct examination, and what it means to the jury when you start...

April 19, 2023

EP423 – Trial Guides with Tom Stewart Part One

Attorney and St. Louis University Law Professor Tom Stewart recalls hearing judges say many attorneys have forgotten the basics of advocacy. So he developed one-page trial guides for the “apprentice lawyers” in...

April 12, 2023

EP422 – Wanna Learn? Teach! with Attorney Tom Stewart

This podcast was founded upon the idea that the best trial attorneys never stop learning. John Simon, Erich Veith, and St. Louis attorney Tom Stewart teach at St. Louis University School of...

April 5, 2023

EP421 – Preparing for A Civil Trial Part Two

Think you know your case so well you don’t need to write down your game plan? Think again. Part Two of our discussion on pretrial prep covers tips on preparing an order...

March 29, 2023

EP420 – Preparing for A Civil Trial Part One

Preparing for trial can be a nerve-wracking experience for a young attorney. Today’s episode offers tried and true tips on when to request a pretrial conference and what matters to discuss, how...

March 22, 2023

EP419 – Selecting Experts Part Two

Your trial team determines you need an expert to explain a vehicle’s structural defects. Do you need a metallurgist, a mechanical engineer, or both? How do you know and where do you...

March 15, 2023

EP418 – Selecting Experts Part One

Don’t assume that an impressive CV from a prestigious university means you’ve found the perfect expert for your case. We think someone with down-to-earth communication skills and real-life experience may be a...

March 8, 2023

EP417 – Sunshine Laws Part Four: Settlements

Getting the documents your client requests is the primary reward of Sunshine Law litigation, but can you also be reimbursed for your time? In our final episode on Sunshine Laws, we discuss...

March 1, 2023

EP416 – Sunshine Laws Part Three: Violations

You’ve made a timely request for public governmental records but all you get are excuses. Under the law, you have to prove the delay is knowing and purposeful. How do you prove it...

February 22, 2023

EP415 – Sunshine Laws Part Two: Meetings

Do you know when and why a public governmental meeting can close its doors to you? What recourse do you have to find out what they are discussing out of the public...

February 15, 2023

EP414 – Sunshine Laws Part One: Documents

It’s one thing both sides can agree upon…government transparency is a good thing.  But getting access to government information isn’t easy. In Part One of our in-depth discussion on Sunshine Laws, Attorneys...

February 8, 2023

Encore Presentation: EP111 – Preparing Your Client for Trial

You know depos and trial testimony will be different experiences, but does your client? Are they expecting something straight out of a legal drama TV series when they take the stand? Today’s...

February 1, 2023

Encore Presentation: EP105 – Improving Client Intake

The best way to increase your odds of winning is to turn down cases you will probably lose.  What information should signal whether to lean in or walk away? And if you...

January 25, 2023

EP413 – For the Defense with Steve Strum

At a crossroads in your career, or just starting out, and wondering if you should choose plaintiff or defense work? Your level of risk aversion and emotional sensitivity may be key indicators...

January 18, 2023

EP412 – Nursing Home Litigation with Steve Strum

Did you know nursing homes and nuclear power plants are the two most regulated industries in America? Defense attorney Steve Strum is well versed in this complex practice area, having handled nearly...