What if you were confident that a $350K settlement could become a $9 million verdict, because you could predict that number before the trial?

Connecticut trial lawyer Andrew Garza reveals how big data turned a difficult premises liability case into the largest verdict ever seen in that courthouse - and why most plaintiff lawyers are still leaving money on the table.

Andrew breaks down what “big data” actually is, how it differs from traditional focus groups, and why it gave his team the confidence to try a contested case that many firms would have hesitated to touch. In his example today, a case that was heading for settlement was a challenge for the plaintiff's side, because the valuation was very difficult to assess.

Thanks to the inputs of data, the team gained so much clarity on a figure that what they ended up receiving, $9 million, was just $300k less than what the data predicted they would get.

It's a question of trust, commitment, confidence in your case and simplifying trial strategy. Tools like these can make a huge difference in getting you over the finish line, in a massive way.

" We believed in the case, but we really didn't want to guess on value. We wanted to understand what we should ask for, what the best way to do that was. And so we decided to run our first big data study." - Andrew Garza

In this episode, we discuss:

◼️ How big data studies test both plaintiff and defense narratives across hundreds of participants.
◼️ Why the team narrowed a complex case into a short, clean 1.5-day presentation.
◼️ What the data revealed about damages, jury selection, and even which juror profiles helped them.
◼️ How they used the study to challenge assumptions about geography, politics, and “typical” jurors.
◼️ Why asking for too little can be just as dangerous as asking for too much.

Chapters

00:00 Case Value: A $9 Million Verdict
04:58 What Big Data Reveals
11:27 The Water Park Injury Case
19:53 Building Confidence in the Data
23:25 Trying a Shorter, Stronger Case
32:04 Keeping Sympathy Out of the Verdict
38:01 Do Local Jurors Really Differ?
41:34 How to Get Started with Big Data

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

There are times when contributory negligence laws can become a gift to the plaintiff.

You need to recognize the signs and, of course, have a strong case, but if the facts are there, the defense's own arguments can help shape your win.

Ben Rand's firm recently took on a trip & fall case in Virginia that, on the surface, had strong facts, yet was a certainty to run headlong into Virginia's contributory negligence laws. In Virginia, this means that if it can be demonstrated that the plaintiff was even 1% responsible for the situation, then the case will likely be dismissed.

As a result, Ben and Sharif were repeatedly warned by colleagues that the case had little hope of succeeding.

And yet, the facts were strong, the evidence was there, the witnesses would prove to be outstanding, and as the trial unfolded, it became clear that the defense's approach was starting to backfire.

Ben, Sharif and guest co-host Nathan Hittle talk about the mindset of approaching cases such as this, how to stay focused, unflustered, use "negative space" cross-examination, and recognize, in real time, a trial evolving in your direction.

The result? A $1.5m verdict in the plaintiff's favor.

It's so much easier when they don't make an offer that's respectable. It's hard when they make an offer where you're like, "Can we beat this at trial? I don't know." And then if we don't beat it, we've left all this money on the table." - Ben Rand

In this episode, we discuss:

◼️ Why Virginia’s 'pure contributory negligence' rule makes premises cases especially high-risk for plaintiffs.
◼️ The reaction when a key witness called the store's entrance mat a “booby trap.”
◼️ What happened when the defense challenged the medical bills.
◼️ What is "negative space” cross-examination, demonstrating a witnesses' bias, lack of knowledge, and weak foundation.
◼️ Why the trial was deliberately streamlined and completed in one day.
◼️ The importance of slowing down, staying focused on core themes, and not chasing every defense argument.

Chapters

00:00 Introduction: When Settlement Offers Matter
06:19 Why Trip-and-Fall Cases are Hard in Virginia
14:51 The Flipped Mat, Sliding Doors, and the Mechanics of the Fall
18:51 Trying the Case in One Day
23:21 The Cross-Examination Strategy That Exposed the Billing Expert
31:41 When Defense Arguments Backfire
39:59 Trial Advocacy: Slow Down and Stay Focused
45:10 Setting Boundaries so the Job Does Not Take Over Your Life

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

Isn't it remarkable how there are certain types of cases that necessitate entire practice areas in law? Inevitably, these are cases that involve some mixture of abuse, neglect, exploitation, or all of the above. And sadly, nursing home abuse is one of these areas.

When Kristen Lojewski happened into this field in 2021, she recognized that as much as she had been personally impacted by such a case, she could use that emotion to deeply understand and empathize with her clients' situations and indignation.

Repeated falls often go ignored until a resident suffers a major injury, usually a hip fracture, then followed by a rapid decline. Kristen breaks down the business model behind many nursing facilities, including private equity ownership, and money being routed away from resident care, all of which lead to declining care. The staff in turn are stretched thin trying to keep up with cutbacks and understaffing, creating a vicious circle.

And yet, defense strategies usually rely on dementia, Alzheimer’s or limited life expectancy, to minimize damages and shift blame away from the facility.

It's a deplorable situation, yet like with sex assault cases or negligent security cases, it's all too common.

Kristen is also a graduate of the Gerry Spence Method at Thunderhead Ranch in Wyoming, and her and Sharif talk about their shared experiences there, learning not just trial skills and strategies, but how to emphasize authenticity, good listening, and making a genuine connection with witnesses. A comment from Joe Low ended up changing her career trajectory and self-confidence, drawing a straight line to the firm under her own name that she operates today.

"It  hits differently when  trial lawyers who are very seasoned, very successful, aren't trying to get me to be a  male trial lawyer who's seasoned and successful. They're just like, 'Be you. Who you are is enough.' And that has shaped how I am, in my current practice at my firm." - Kristen Lojewski

In this episode, we discuss:

◼️ What nursing home abuse and neglect cases typically look like, including falls, choking incidents, pressure wounds, and wrongful death claims.
◼️ The main defense themes in these cases, especially the idea that an elderly resident “was going to die anyway,” or had comorbidities that supposedly explain the outcome.
◼️ How in Wisconsin, prior incident reports and state investigation reports are inadmissible, which can make pattern-and-practice proof harder to present to a jury.
◼️ How the Gerry Spence ranch pushed her to stop “playing small,” and ultimately helped inspire her to start her own firm.

Chapters

0:00 Understanding Nursing Home Abuse and Neglect
5:02 The Journey from Prosecutor to Plaintiff’s Attorney
10:04 The Importance of Advocacy for the Elderly
15:13 Challenges in Nursing Home Litigation
19:57 Defensive Strategies in Nursing Home Cases
25:15 Understanding Patterns of Negligence in Nursing Homes
30:37 The Impact of the Gerry Spence Ranch on Legal Practice

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

David Holt had put in the years of hard, emotional work pursuing justice and accountability as a state prosecutor in Hampton, Virginia, litigating hundreds of jury trials. He was involved in multiple complex murder and gang-related cases, putting criminals in jail in cases that could take years.

And so when the offer came to join a personal injury law firm, it represented a major shift from not just the work but the life he had been living. Long days, unpredictable schedule, lots of travel and stress. Rewarding work, with deep impacts on the community and the state, but it was time for a change.

David then realized that civil litigation work is indeed not so far removed from public prosecution. It has many of the same skills, processes and workflows, relationships and collaborations, and very much the same objectives: to deliver accountability, to create deterrents, to help justice be served.

14 years since that shift, David has had a rewarding, influential and impactful career, his results including a $10M verdict in Oklahoma for a fork lift explosion TBI case, a $14.5M settlement for a woman with a brain injury, two days into trial, and a $12.2M record slip-and-fall verdict for TBI in Virginia.

But the ultimate reward?  The people, the relationships and remembering the lives that are impacted by everything that we do, every day.

"For me, as prosecutors, it's keep cutting your teeth, being hungry, being aggressive in what you do, seek justice. This is just a different way of doing it." - David Holt

In this episode, we discuss:

◼️ Why prosecution and personal injury law are more similar than they first appear.
◼️ The challenge of moving from representing the Commonwealth to representing one person or family, with very personal stakes.
◼️ Why David initially resisted PI work because of billboard-style advertising, and how he came to embrace a more respectful form of marketing.
◼️ Remembering, “This is their only case,” and why that perspective changes everything.
◼️ Guest co-host Shea Gibbons' transition from federal prosecutor to civil plaintiff lawyer and what that shift has felt like so far.

Chapters

00:00 The Lives Impacted by Our Work
03:47 From Police Officer to Prosecutor
13:42 Moving Into Plaintiff Work
28:55 The Caleb Case and Client Impact
31:47 “This is their only case”
34:03 The One Thing That is Truly Constant
41:49 What Prosecutors Should Know About Plaintiff Work
46:06 CrossFit as Mental Health Training and Courtroom Preparation

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

A reluctant witness, a freezing 3 a.m. wake-up, and one parking-lot conversation that saved a client $9.5 million: this episode shows why the right investigator can change the entire outcome of a case.

Sally Tierney is a professional investigator, working with law firms to uncover facts, evidence, answers and the stories behind the case. It's thrilling and fascinating work, all the more so when you learn about Sally's motivation for becoming a professional investigator in the first place. That painful experience led to a complete 180 career change, out of left field, and she tells us all about it.

Investigators play a critical role in criminal defense, personal injury and civil litigation. Sally shares how a thorough investigation can uncover key facts, strengthen a case, or even reveal when a case should not move forward.

And then there are the psychological questions of getting witnesses to open up, of knowing when and how to keep pushing for that breakthrough conversation, and of knowing what it means to truly listen. A skill that is equally crucial for lawyers.

Sally shares how tenacity, not just intelligence, drives great investigative work, and why the lawyers who use investigators well are often the ones who build stronger cases, make better settlement decisions, and protect their clients earlier.

"The answers are, one way or another, good or bad for your client, right? You want to find them out. You don't want to only find them out because the other side did their job." - Sally Tierney

In this episode, we discuss:

◼️ Why every case can benefit from early investigation, even when the evidence may hurt your position.
◼️ How Sally gets reluctant witnesses to talk.
◼️ The difference between asking questions and truly listening.
◼️ Why in-person contact often gets results that phone calls and Zoom never will.
◼️ How investigators help lawyers uncover missing video, witnesses, police report errors, and critical details before it is too late.

Chapters

0:00 Why Professional Investigators Matter
5:26 The Case That Saved $9.5 Million
11:58 What Real Listening Looks Like
16:14 Why Every Case Needs Investigation Early
28:09 Purpose, Power, and Helping the Wrongly Accused
33:43 The Weirdest Parts of the Job
36:35 Why Going to the Scene Matters
40:39 What an Investigation Looks Like in Practice
44:02 AI as a Research Assistant
46:51 Anxiety as a Useful Tool
49:01 How to Reach Sally Tierney

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

It's harder to overcome making a bad first impression to a jury than it is to argue against an inaccurate police report.

Why are first impressions and opening statements so important?

Because once people make up their mind, you're no longer just asking them to look a different way.  You're now asking them to look at their former self and say, "Hey, you actually got it wrong."

Jim Neale faced a challenging case where a police report on a fatal car collision included four witness testimonies, all of whom said they witnessed the same thing. The police report thus reflected this, and Jim and his client found themselves defendants unwillingly in a wrongful death case.

How do you overcome such seemingly decisive testimony?

It starts from the moment you present your case and set the tone. Embrace the slow build, as Jim says, "Give  the jury the facts and let them play detective."

Jim shares his team's fascinating approach to trying this case, and how they approached that uphill battle of getting people to change their minds. Perhaps not the witnesses, but certainly the jurors.

"As a good trial lawyer, if you can kind of spoon feed your case in little bite-sized pieces to the jury, have them take one fact at a time, and build their own conclusion from it, you're going to be a lot better off. Because then it's their conclusion. " - Jim Neale

In this episode, we discuss:

◼️ The psychology of speaking with witnesses who are certain they saw what they saw.
◼️ How a memory can be constructed, and was not the one that was actually seen.
◼️ How to give jurors the license to become just a little more sceptical.
◼️ The importance of patience and subtlety in cross-examination.
◼️ Figuring out where the witness wants to go on their own, if we let them.
◼️ The value of lawyers with litigation experience serving as mediators, especially for defense or plaintiff sides.

Chapters

0:00 “We kept digging”
4:14 Jim’s background: Army Ranger to lawyer
10:50 Why accident reconstruction matters
13:41 The police report and first doubts
15:09 Reconstructing the crash
17:26 Interviewing witnesses carefully
20:55 How witness memory gets shaped
23:14 Juries, first impressions, and opening statements
26:29 Competing police reports and trial strategy
31:43 Science, visuals, and detective work
37:02 Trial losses, wins, and perspective
41:41 What clients really want from a case
45:57 Advice Jim would give his younger self

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

The moment you realize that you don't love where you are, you're already one foot out the door to a better life.

Matthew Mikula had just gotten married, and was straight back to work at Big Law. Immediately the warning signs were there: "Is this where you want to be indefinitely? Once you start having a family? Maybe for the rest of your life?"

Because risk becomes more challenging as life becomes more complex.

Matt joins us to talk about the decision he made to step away from that particular path, to pursue instead criminal defense law as a trial lawyer, and then an even further calculated risk into law entrepreneurship as a collections lawyer, with his own firm.

It's a mindset that we each need to come to in our own way and time, when life presents us a choice: which crossroad will we take? How do we calculate risk and make the ultimate decision?

In addition to this big-picture conversation on forging a legal career, Matt also gives us fascinating insight into the world of collections law, including why it exists, how it works, who his clients are, and who are the people the least likely to pay what they owe. You might be surprised!

" If you know what your core values are, and you keep an open mind, and you have certain things you strive for, your path will find its way." - Matt Mikula

In this episode, we discuss:

◼️ The significance of calculated risks and mindset shifts in career changes.
◼️ The importance of branding, marketing, and business fundamentals for lawyers.
◼️ The role of courage and boldness in trial work and legal advocacy.
◼️ Demystifying collections work: client accounts and recovery strategies.
◼️ The importance of humility, flexibility, and the non-linear path to success.

Chapters

0:00 Matt’s background and career start
5:19 The 2012 decision to bet on himself
9:40 Why he fell in love with criminal defense
13:31 What collections law actually is
20:17 Garnishments, judgments, and collections process
28:26 Transition from trial lawyer to business lawyer
34:25 AI, clients, and law firm operations
37:25 Advice for young lawyers
43:47 What people misunderstand about collections

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

You don't have to fit the norm of what people expect a law student to be.

Portia Koptish had a long career in nursing before deciding, after the turmoil of Covid-19, to transition to a completely new career in law. She went back to school for the first time in 25 years, but with decades of life experience behind her.

She is here today to share this unique perspective on law education and the legal profession, an inspiring story that reminds us that, for all intents and purposes, it's never too late to pursue a career in law. You can be a lawyer when you're seventy-five, and on your second or third "career." Imagine the breadth of skills and experience that someone so well-rounded brings to the table.

This speaks to the underlying message of Portia's story: transitioning careers can lead to fulfilling opportunities. And taking time off before law school can provide valuable life experiences. Portia, Sharif and special co-host Nathan Hittle each share stories of lessons learned about careers and life, from pursuing interests, to surprising twists and turns, a few regrets along the way, yet gaining valuable understanding on how to make the best decisions for you, in the moment.

"Go do something else, have fun, get life experiences in all kinds of ways. You will be so much further ahead when it comes time to start law school." - Portia Koptish

In this episode, we discuss:

◼️ Why taking time off before law school can be beneficial.
◼️ How law school can be less challenging than parenting!
◼️ That personal experiences can enhance understanding and effectiveness as a lawyer.
◼️ How law school teaches you to think critically and understand multiple perspectives.
◼️ Why the process of learning is often more valuable than the final product.
◼️ That finding joy in the legal profession can lead to a fulfilling career.

Chapters

00:00 The Long Journey to Law School
09:55 Experiences During COVID as a Nurse
19:48 Navigating Law School and Career Aspirations
27:12 The Value of Taking Time Off Before Law School
33:39 The Evolution of Legal Thinking
39:32 Effective Study Strategies for Law Students
45:16 Building Relationships and Networking in Law School
49:01 Balancing Life and Law School

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki