How would the FBI approach jury selection?

Imagine applying these same tools and trainings to your own jury selection and investigations, and having the ability to uncover evidence that changes the outcome of cases.

Jim Melia is a retired FBI special agent turned professional investigator, here in Richmond, VA. Today he shares his insight into the skills required for effective interviewing, how to build rapport with someone, and why anything from empathy to confession comes from building a human connection.

You can't just launch into a pointed question that puts someone, a complete stranger, on the spot. Our conversation today is a fascinating study in psychology and negotiation, a masterclass on how trial lawyers should conduct jury selection.

"I never got a confession out of anybody by yelling at them. You get confessions out of people by building rapport and being respectful, telling people what their options are, and giving them a way to confess to you while saving face. That's what works."

In this episode, we discuss:

◼️ How the realities of being a private investigator compare to portrayals in the media.
◼️ How to build rapport, an essential ingredient for trust in investigations.
◼️ Why effective interviewing requires patience and active listening.
◼️ Why lawyers should prioritize the process over the outcome in trials.
◼️ How understanding the legal landscape is also crucial for investigators.
◼️ That giving grace to others can improve professional relationships.

Chapters

00:00 Building Rapport: The Foundation of Trust
02:03 From FBI to Private Investigator
05:57 The Art of Investigation: Skills and Techniques
12:02 Pivotal Interviews: The Key to Successful Investigations
18:13 Scientific Interviewing: Modern Techniques in Interrogation
24:06 The Role of Private Investigators in Legal Cases
30:04 Lessons for Lawyers: Collaborating with Investigators
36:02 Life as a Private Investigator: Reality vs. TV
46:58 How Should Lawyers Use Private Investigators

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.

Also, if you would like to subscribe to the RVA Trial Lawyers Newsletter, you can do so here.

Thank you!

Sharif Gray and Nael Abouzaki

Civil Defense Lawyer Jason Boone shares his personal experience of making sure he maintains the right work/life balance for him and his family.

In a conversation of frankness and authenticity, Jason talks about how lawyers of all stripes can, and should, find a balance that works for them.

There are the years when you need to put in the time to learn the profession, and get the reps. But then there's knowing when and how to scale that back, to ensure you have more balance to your time, and become an even better lawyer as a result.

Meanwhile, understanding how the defense side prepares for trial gives you valuable insight in framing not just your arguments, but your preparation.

Do defense attorneys share the same sense of collegiality and camaraderie that often exists amongst plaintiff lawyers? How do they approach valuation? Do defense lawyers make use of focus groups, and in the same way?

"As a young lawyer, that's where you really need to put in the time learning, shadowing, finding a great mentor. To get to the point where, later in your career, you can say, 'I'm done at 4:30. I'll be back on in two and a half hours, if I need to be.'"

In this episode, we discuss:

◼️ How you have to be intentional about spending time with family.
◼️ The evolving culture within the legal field, particularly post-COVID.
◼️ How to do your prep, and stop taking notes during trial.
◼️ The nature of nuclear verdicts: large awards that are not supported by the facts.
◼️ How valuation of cases can vary significantly based on location and circumstances.
◼️ Why grades matter, no matter what anyone tells you.

Chapters

00:00 Do Defense Lawyers Work Together?
01:46 Balancing Family and Trial Work
12:24 Being Intentional About Your Time
18:57 Knowing When Enough Prep is Enough
28:07 Is It Competition Between Defense Lawyers?
33:43 Understanding Nuclear Verdicts
38:47 Valuation of Cases from the Defense Perspective
40:08 What do Focus Groups for Defense Look Like?
44:13 Advice for New Lawyers: Grades Matter

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.

Also, if you would like to subscribe to the RVA Trial Lawyers Newsletter, you can do so here.

Thank you!

Sharif Gray and Nael Abouzaki

Virginia's appellate landscape changed a lot in 2022, to where, similar to many other states, virtually everyone has an automatic right to go to the Court of Appeals.

Yes, it can feel complicated and overwhelming. But the appellate process is a vital part of the legal system that deserves attention from trial lawyers. If you have a client who desperately wants to appeal, or the other side is not happy and wants to appeal, you need to be prepared for this process.

Today's conversation guides you through the steps of trial to appeal, with an expert on appellate law. Rachel Yates is the founder and lead appellate counsel at Yates Appellate Law, a Richmond firm who specialize in criminal appeals and civil appeals.

"Appeals, it's that slow quiet work and research about something that maybe no one else has ever really thought to look at. Your job is to find that out, and then help make the law. And I think that is the coolest thing."

In this episode, we discuss:

◼️ Recognizing that the transition from trial to appeal is complex and requires careful navigation.
◼️ Why transcripts are crucial for preserving the record in appeals.
◼️ Why the brief is the most important part of the appeal process.
◼️ What proffers are, how they work, and why proffers are vital for ensuring that important evidence is considered on appeal.
◼️ Understanding the timeline for appeals is critical, avoid missing deadlines.

Chapters

00:00 Why Your Issue May Not Get Considered
05:42 The Appeal Process Explained
08:26 Changes in the Appellate Landscape
14:05 Navigating the Transition Phase
29:20 Preserving Issues for Appeal
35:41 Making Your Proffer on the Record
35:53 Handling Excluded Evidence
36:47 Describing Digital Evidence in Court
40:38 Why Is Video Recording Not Used?
45:36 The Appellate Process: Briefs and Oral Arguments
55:57 Filing for Rehearing and Supreme Court Appeals
59:00 Memorable Appeals and Lessons Learned

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.

Also, if you would like to subscribe to the RVA Trial Lawyers Newsletter, you can do so here.

Thank you!

Sharif Gray and Nael Abouzaki