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The Jury is Out

The Jury is Out offers insight, experience and mentorship to trial attorneys who want to better serve their clients and improve their practice. Hosted by John Simon, Member of the International Academy of Trial Lawyers and Founder of the Simon Law Firm, and St. Louis attorney Erich Vieth, named one of the Top 30 Appellate Attorneys in Missouri in 2021, The Jury is Out focuses on client relations, trial skills and firm management. Nationally recognized guests add depth and vision to the lively and inspiring discussion.

Recognized by the National Law Journal as one of the winningest law firms in America, The Simon Law Firm has obtained more than $1 billion in verdicts and settlements in medical malpractice, personal injury and corporate law since the firm’s founding in 2000. The Jury Is Out is a production of The Simon Law Firm.

Apr 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...

Apr 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...

Apr 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...

Mar 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...

Mar 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...

Mar 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...

Mar 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...

Mar 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...

Feb 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...

Feb 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...

Feb 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...

Feb 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...

Jan 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...

Jan 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...

Jan 11, 2023

SPECIAL EPISODE – Trial Tested: For The Defense with Cris Arguedas

Attorney Amy Gunn of the Simon Law Firm hosts two legal podcasts and recently had the opportunity to interview Cris Arguedas, one of the finest criminal defense lawyers in the country. Find out...

Jan 4, 2023

SPECIAL EPISODE – Trial Tested: The Ahmaud Arbery Murder Case and Charlottesville Hate Crimes with Linda Dunikoski and Adam Levine

Sadly, racially motivated violence is on the rise in America.  Simon Law Firm attorney Amy Gunn talked with attorneys Linda Dunikoski and Adam Levine about their trial strategies and their hopes and...

Dec 28, 2022

SPECIAL EPISODE – Trial Tested: Do What’s Right with Cyrus Vance Jr.

District Attorney of Manhattan Cyrus Vance Jr. views every case through the lens of two basic principles; does it make us safer and is it fair? We’d like to share Simon Law...

Dec 21, 2022

EP411 – Pretrial Motions Part Two

You win some, you lose some. But if you lose an important motion, how can you convince the judge to reconsider without risking her wrath? And when should you just let it...

Dec 14, 2022

EP410 – Pretrial Motions Part One

Filing dozens of pretrial motions shows the judge you are well-versed in the law and is sure to impress the court, right? Wrong. You earn credibility with the judge by carefully choosing...

Dec 7, 2022

EP409 – Presenting Damages in Wrongful Death Cases

What price should we put on a life lost? Whether it’s a father, mother, or child, jurors need guidance, context, and motivation when deciding damages. John Simon and Tim Cronin offer several...

Nov 30, 2022

EP408 – Quantifying Emotional Harm in Closing Arguments

Significant physical injuries may be visible to the jury, but emotional harms are not. Are you doing everything you can to help the jury understand and compensate your client’s emotional damages? This...

Nov 23, 2022

EP407 – Presenting Damages in Closing Arguments

When you ask for damages, you expect jurors to put a tangible number on an intangible loss.  How can you help them decide upon a full and fair amount? In our continuing...

Nov 16, 2022

EP406 – 49 Tips for Closing Arguments Part Two

Part Two of John Simon and Tim Cronin’s 49 Tips for Closing Arguments examines a range of issues including whether your close should suggest a range for damages vs asking for a...

Nov 9, 2022

EP405 – 49 Tips for Closing Arguments Part One

The Simon Law Firm has earned over $1 billion in verdicts and settlements since the firm’s founding in 2000, so these attorneys obviously know how to close. John Simon and Tim Cronin...

Nov 2, 2022

EP404 – Three Keys to a Winning Closing Argument

Tune in and turn your next close into a persuasive legal education that helps jurors better understand their role when deciding your case.

Oct 26, 2022

EP403 – Typography for Lawyers

Are you creating self-defeating typography by using underlines, caps, and fonts that make your argument less inviting to your reader? Author and attorney Matthew Butterick shares key points from his book Typography for...

Oct 19, 2022

EP402 – Old School Cool with George Fitzsimmons Part Two

If you’re looking for wise words from a respected mentor, this episode is for you. Through 33 years of trial experience and years as a mediator, George Fitzsimmons has distilled his cases...

Oct 12, 2022

EP401 – Old School Cool with George Fitzsimmons Part One

George Fitzsimmons has tried more than 250 jury cases on both sides and handled more than 500 mediations. His experience spans decades and his wisdom has schooled dozens of prominent attorneys, including...

Oct 5, 2022

EP336 – Setting The Rules with Tom Keefe Part Two

In Part Two of our unfiltered discussion with legendary plaintiff attorney Tom Keefe, you’ll learn Tom’s strategy to “housebreak” a witness and how to handle a highly-coached expert. You’ll also hear Tom’s most...

Sep 28, 2022

EP335 – Setting The Rules with Tom Keefe Part One

Are you blindly following the “rules” of building a case without examining whether or not they are the best strategy for your client or your practice? Renowned plaintiff attorney Tom Keefe shares...

Sep 21, 2022

EP334 – Civil Rights Law with Bevis Schock

Considering a civil rights practice? Be prepared for clients that are not always truthful and juries that are probably against you before you say your first word. But you can also make huge...

Sep 14, 2022

EP333 – Tips for Solo Practitioners with Bevis Schock

Solo practitioners need to be nimble at technology, marketing, and much more. Attorney Bevis Schock shares his tips for solo practitioners on how to get new clients, ways to keep more productive...

Sep 7, 2022

EP332 – Case Study: The Issue of Agency Part Three

As the trial unfolds, the issue of agency expands into an examination of First Amendment rights. How did Tim and John prepare for this line of attack? We conclude this fascinating in-depth...

Aug 31, 2022

EP331 – Case Study: The Issue of Agency Part Two

Unraveling the responsibilities and liabilities of an international church entity is a sensitive discussion, especially when you have to admit the defendant was not an employee. Diligent research and the discovery of...

Aug 24, 2022

EP330 – Case Study: The Issue of Agency Part One

Formulating Precedent-setting Arguments. In a complex case involving a multi-tiered church entity and severe injuries to young children from a faith demonstration that went horribly wrong, The Simon Law Firm focused its...

Aug 17, 2022

EP329 – Nothing in Particular

Have you ever been forced to wear a tuxedo to court? Have a client kidnapped and tortured on a roof in China? Or watch your co-counsel perform life-saving treatment on a juror?...

Aug 10, 2022

EP328 – Persuasion Science for Trial Lawyers with John P. Blumberg

How Persuasion Science can lead to Successful Jury Verdicts. Ever wonder why the facts and conclusions of your case seem so obvious to you, but the jury rules the other way? Perhaps...

Aug 3, 2022

EP327 – The Authentic Lawyer with Brad Winters Part Three

Brad Winters started writing down insights, tips, and life tricks when he was a young man and continued making “notes to self” for decades. Now, as a respected attorney and mediator with...

Jul 27, 2022

EP326 – The Authentic Lawyer with Brad Winters Part Two

As a mediator for more than 600 civil cases, Brad Winters is an expert on the skill and science of mediation. Surprisingly, his goal is not to settle the case but to...

Jul 20, 2022

EP325 – The Authentic Lawyer with Brad Winters Part One

Authenticity matters in the legal profession

Jul 13, 2022

EP324 – Cognitive Science with Dan Holloway Part Two

Honesty and authenticity. Competence and trust. Cognitive science provides a research-based road map on how to project these positive points of connection toward judge and jury. Part Two of our conversation with...

Jul 6, 2022

EP323 – Cognitive Science with Dan Holloway Part One

Do you structure your case strategy based on the idea that our brains are designed for truth? You might be very wrong. In his book, Lawyers, Judges and Semi-Rational Beasts, Dan Holloway shares...

Jun 29, 2022

Encore Presentation: EP134 – Settlements Part Two

Strategies for Effective Settlement Negotiations

Jun 22, 2022

Encore Presentation: EP133 – Settlements Part One

Are you settling your good cases and trying your bad ones? Is sending a demand letter early in the case effective? And should you work up a case differently if you plan...

Jun 15, 2022

EP322 – Focus Groups

Uses of Focus Groups in Litigation Research - A Valuable Tool in Trial Law

Jun 8, 2022

Encore Presentation: EP102 – Opening Statements

Opening Statements are one of the most important components of any trial

Jun 1, 2022

EP321 – Whistleblower Cases with Tony Simon

A potential client believes their company or institution is defrauding the federal government. What should you know before you take the case? Business litigation attorney Tony Simon offers strategic insight into whistleblower cases...

May 25, 2022

EP320 – Tips for Depositions Part Three

Depositions play a key role in the litigation process. It is important for attorneys not to underestimate the power of good investigation, preparation and strategy.

May 18, 2022

EP319 – Tips for Depositions Part Two

15 Tips for a Successful Deposition - Planning, Preparation and Strategy

May 11, 2022

EP318 – Tips for Depositions Part One

Deposition Preparation and Planning for Attorneys. Tips to save time, better prepare your deponent, and clarify your argument for the jury.

Your Hosts
John G. Simon

John G. Simon’s work as Managing Partner at the firm has resulted in hundreds of millions of...

Erich Vieth

For more than thirty years, Erich Vieth has worked as a trial and appellate attorney in St....

Timothy M. Cronin

Tim Cronin is a skilled and experienced personal injury trial attorney, including product liability, medical malpractice, premises...

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