Courtroom Stories & Tactics | RVA Trial Lawyers

How would you approach arguing a personal injury case where there is very little visible damage, there are pre-existing conditions for the client, and a lot of difficulties in gathering evidence? In fact, would you take such a case in the first place? Our firm Gray Broughton was approached with this challenging car crash case, and despite the long odds, we knew there was an opportunity to get a successful result. But it would take a lot of adaptability and flexibility, drawing from the skills and experience we have accumulated over years of trial wins and losses. Trials are not segmented blocks. Trials are stories. And those stories start in jury selection. Our conversation today, bringing the Gray Broughton team together to reflect on the process and outcome of this case, ultimately hinges around the importance of jury selection: doing your research and connecting with people on a human level. Here we had an individual defendant, a sweet young lady, not a corporate defendant. Would the jury recognize that this was not a personal attack, but simply a question of taking an accident and making it right? "You've got to be intentional about setting the stage, and creating an environment that allows people to be comfortable sharing answers to these otherwise very difficult questions." - Sharif Gray In this episode, we discuss: ◼️ The importance of adapting to jury dynamics in trial cases. ◼️ How you never hear about the less obvious, less headline-grabbing cases, which in reality are the vast majority. ◼️ How to have effective communication with jurors, for better outcomes. ◼️ Why building a strong narrative around the case from the opening statement will influence jury perception. ◼️ The role of a supportive team in navigating trial challenges. ◼️ How the economics are easy, but non-economics are hard. ◼️ The humanization of the client but also the defendant is crucial. Chapters 00:00 Setting the Stage: Not Your Typical Car Crash 12:48 Challenges in Proving the Case 17:19 Jury Dynamics 28:30 Understanding Jury Perceptions and Verdicts 32:41 Staying Inside the Box: Framing the Jury's Role 36:03 The Art of Storytelling in Trials 40:57 Engaging the Jury: The Power of Visuals 48:57 Humanizing the Client and the Impact of Injuries 52:56 Recognizing Team Contributions in Legal Success 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 defense asks you a seemingly innocuous question, and it's tempting to assume that whatever their angle is, it's probably nothing. Elliott Buckner learned the hard way that even the most mundane motion can cause major headaches to your case, especially in the hands of a crafty defense lawyer. If it's not setting off alarm bells, look again. Ask for a second opinion. Ask your friends on the defense bar for their opinion. You can, and should, be collegial with other lawyers, but at the end of the day, we're all here to do the best for our clients. Be prepared. Elliott talks about his experiences with DUI cases, how different insurance coverage can affect your case, and his role as president of the the Virginia Trial Lawyers Association (VTLA) during the pandemic. He reflects on high-profile cases such as the UVA shooting and VCU hazing incident, and the complexities of legal challenges faced in the education sector, particularly in Virginia, where contributory negligence plays a significant role. And we explore the importance of non-economic performers, which can be valued by your clients and juries just as much as the monetary performers. "Is there a better feeling than standing up when the judge says, "Is the plaintiff ready?" "We are, your Honor." And it's your turn to go? I feel an immense privilege and responsibility to be there as the voice for my client. It's a lot of pressure, but that to me is the thrilling aspect of what we do." In this episode, we discuss: ◼️ How collaboration among lawyers enhances the practice of law. You don't need to have your elbows up all the time. ◼️ How homeowners insurance can cover unexpected incidents. ◼️ Why contributory negligence in Virginia can be a barrier, but also has its advantages. ◼️ Why high-low agreements can provide security for clients, and help you gain more trial experience. ◼️ Identifying the value drivers that push your case forward. ◼️ The maxim: "Don't be complacent. Don't make assumptions." Chapters 00:00 Learning from Mistakes in Legal Practice 09:09 The Importance of Community in Law 12:06 Elliott's Role in VTLA 18:04 Handling High-Profile Cases: UVA and VCU Hazing 20:52 Understanding Insurance in Legal Claims 30:18 Legal Complexities in School Cases 33:44 Understanding Contributory Negligence in Virginia 37:12 The Importance of Trial Experience 42:27 The Thrill of Trial Advocacy 50:53 Lessons from Experience: Advice for Young Lawyers 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

Clients getting hurt for the first time in a significant way often don't know where to go, not just for legal advice but for medical advice. Not only does it impact their health and their recovery, but it impacts the strength of their case. Without the right medical treatment, without the right supporting doctors and experts, insurance companies just don't take the claims as seriously. Because at the end of the day, they're looking at our clients, and they're not necessarily seeing them as people, but as numbers on a spreadsheet. How can a client find the appropriate medical care that improves their health and their legal case? Dr. Scott Hickey and Dr. Shawn Borich are the physicians behind Maximum Medical Improvement, which helps people find not just a medical specialist, but the right specialist, from the right subspecialty who understands their specific case. MMI then works with lawyers to help strengthen the legal argument from a medical perspective, by being able to answer specific questions about the specific situation that their client has found themselves in. A resource that advocates for lawyers and patients: MMI is bridging the gap between medical care and legal support. "Patients need an advocate because they don't know the questions to ask. And that's what we can provide, since we know the questions they should be asking" - Dr. Scott Hickey In this episode, we discuss: ◼️ How gaps in treatment can negatively impact both health outcomes and legal cases. ◼️ Why the role of emergency physicians is unique in understanding various specialties. ◼️ Why finding an advocate is essential for patients to receive the care, and legal support, that they need. ◼️ How the healthcare system has shifted towards billing and coding over patient care. ◼️ How to encourage collaboration between medical and legal professionals. Chapters 00:00 Navigating the Healthcare System 05:00 How MMI Partners Fills a Gap 09:55 Getting Early Medical Intervention 20:00 The Evolution of Patient Care 25:00 The Emergency Room Experience 27:12 The Dynamics of Emergency Medicine 35:39 Getting Support to Navigate the Bureaucracy 44:01 Ethically Connecting Clients and Patients 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

How do you set the value for a case? Are you holding your case back from getting what it's really worth? And who makes that determination? Robert Hirschhorn's advice: "Don't put caps on yourself. You want to choose the biggest number that you could ever imagine a jury would award [in a case such as yours], and whatever that number is, multiply it times two." But to be successful, you need to get the jury to sympathize. You need to justify the villainization of the defendant. You need to anchor your case around the numbers, and then move beyond the numbers. Rob's perspective comes from 40+ years as a jury and trial consultant, selecting juries that have returned tens of billions of dollars in verdicts. He speaks from experience when it comes to understanding the difference between a liability jury and damages jury, or knowing what are the right elimination questions. He also speaks through a lens of personal tragedy, deeper purpose and legacy-building. To that end: be a sponge, never stop learning, and explore new technology, such as Rob's own VerdictHub: a new, AI-driven system that surveys "digital jurors" for incredibly accurate jury predictions. We explore all this and more in this energizing conversation! "When you get to the damages part, you have to mention the amount of money, because if you don't, the amount of money the jury thinks is appropriate will always be lower than what you are going to be asking for." In this episode, we discuss: ◼️ Why it's so important for the jury to know that you care about your client. ◼️ Not limiting yourself with artificial caps on claims. ◼️ Why family members make the best trial partners. ◼️ How to identify and frame the villain in the case. It's not always obvious. ◼️ Dropping low economic damages, and focusing on pain and suffering. ◼️ How Artificial Intelligence is changing the landscape of jury consulting. Chapters 00:00 Ask For Big Numbers 03:46 How To Get Huge Verdicts 11:40 Cat Bennett's Legacy 21:20 Look For Accountability, Not Villains 26:40 Liability Vs Damages Jury 30:02 AI Meets Jury Consulting 33:32 Stress Testing The Model 35:09 What Verdict Hub Does 49:01 Trust And When To Use It 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

Over two and a half years ago, our firm was approached by a father in Winchester, VA, with a case that had been rejected by at least three other law firms. We knew it would be a very challenging case, with very limited evidence. It was not a "typical" case with clear-cut medical or economic damages. Others would ask us over time why we said yes to taking it on, despite the odds and obstacles. The short answer, of course, is because it was the right thing to do. But beyond that, we measured this case from a different perspective: that the promise of accountability was the strongest argument for pursuing damages, to the tune of $20 million. Still, there's the framing of an argument, and then there's being able to actually implement it in court and get a winning verdict. Today we bring together the team whose remarkable efforts, starting in 2023, ultimately led to this significant result. Gray Broughton, Zachary Grubaugh, Nathan Hittle and Lara Bradshaw join Sharif Gray to share their perspectives on the preparation, organization, tackling the various stages of the case through numerous obstacles, and ultimately getting the result that they did, for a very deserving young man and his father. This is the story behind the case. "The days of evaluating cases like insurance adjusters needs to end." - Sharif Gray In this episode, we discuss: ◼️ Why Gray recognized that this was a case worth taking on, when so many others wouldn't. ◼️ The moment when everything shifted, and the case became the firm's top priority. ◼️ Why focus groups provided the ultimate breakthrough that showed we had a solid case. ◼️ How we were able to navigate not having experts, only lay witnesses, in a case with very limited evidence. ◼️ How the firm was able to tap into individual strengths and come together for a consummate team effort, all while juggling other cases at the same time. Chapters 00:00 Introduction 03:32 The Case Comes to the Firm 05:20 Case Facts and Client History 09:15 Focus Group Insights and Case Framing 17:32 All Hands Trial Prep 27:55 Trial Logistics And Motions 38:39 Opening Statement Impact 48:36 Deposition Shock Questions 56:07 Expert Witness Takedown 01:02:39 Closings and Rebuttal Flow 01:10:46 Big Numbers Perspective 01:14:27 Key Takeaways Roundtable 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 are the most powerful person you know. Whether you're a trial lawyer, working in corporate America, or in any walk of life, nothing can change this simple fact. You have the ability to make the choices and decisions that are healthy and positive, for you and those around you. And yes, these are real choices. They may be challenging, they may shake things up, but there's a reason why you're considering them in the first place: career purpose and fulfillment is likely missing. Jenn Cloutier has been down this road, after a 20+ career in corporate, reaching a point where she realized, "I outgrew the company that I worked for." Her answer? To break out on her own as an executive coach, helping others first recognize if they are fulfilled in their work and career, and then helping them navigate through transitions that make sense for them. Where have you given away your power? Is it time to take it back? We talk about self-leadership, work/life balance, effective human management, finding purpose and belonging, and how, ultimately, it takes a lot of courage and risk to say, "This isn't for me." "When you really do that deep internal work, if we're conscious about it, we can make choices that get us to where we want to be." In this episode, we discuss: ◼️ How self-leadership applies to trial lawyers. ◼️ Why feeling stuck often comes from a lack of perceived choices. ◼️ How effective leaders and managers that are human-centric create better results for everyone. ◼️ Why the role of a coach is to facilitate self-discovery, not to provide answers. ◼️ The commitment to change: are you able to see that change, and want to make that change? ◼️ How human beings need purpose, togetherness, connectedness and belonging. Chapters 00:00 Finding Your Purpose and Choices 06:10 The Deer and the Call for Change 08:56 Navigating Career Transitions 15:01 Understanding Choices and Overcoming Stuckness 20:59 Recognizing Personal Power 26:52 Effective Workplace Leadership and Dynamics 29:53 The Responsibility of Companies 34:55 What is the Difference Between Coaches and Consultants? 43:26 If You're Not Feeling Fulfilled, Where Does Change Begin? 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

For years, you've been building your law career: head down, focused, years of commitment and perseverance. But are you sure you're where you need to be? Perhaps you know already: 'This is the best place, the best people and the best work for me, right now.' Which is a wonderful feeling, and something we're all striving for. But if you find yourself trying to fit in, to stay true to yourself and your values, to find more meaning in law work, you're not alone. Glenn Katon experienced this himself, and took the bold step, when the time was right, to make a change. Glenn was a trial lawyer for 10 years before turning his focus, and practice, to civil rights law for the past 15 years. Many of Glenn’s cases have challenged high profile civil rights abuses, and he has been quoted in the New York Times, Wall Street Journal, Washington Post, and Newsweek, among other publications. Today, we talk about the challenges, both systemic and cultural, facing civil rights litigation, and how to navigate these obstacles. But our discussion always circles back to this question of, "How do you really find your passion?" If you're not where you want to be right now: start exploring. "You have to be willing to not take the safest route. You can find a way to community, and then it just becomes a matter of how much are you willing to go off the beaten path." In this episode, we discuss: ◼️ How Glenn's upbringing in Brooklyn impacted his worldview. ◼️ How Glenn was able to transition from corporate law to civil rights law. ◼️ Why civil rights lawyers face unique struggles in their work. ◼️ That finding a community in law can help you guide career transitions. ◼️ Why qualified immunity presents significant challenges in civil rights litigation. ◼️ The undermining of constitutional rights, as protected in the 4th, 5th and 14th amendments. Chapters 00:00 From Corporate Law to Civil Rights Advocacy 02:57 The Impact of Glenn's Upbringing on His Career 10:12 The Rocking Chair Test: Reflecting on Career Choices 19:48 Finding Your Passion in Law 30:13 Navigating Qualified Immunity in Civil Rights Cases 39:46 The Importance of Authenticity in the Courtroom 49:46 Advice for Young Lawyers 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

Losing a trial case can feel like a crushing gut punch, an emotional hit, burdened with the weight of disappointing your client. It stings, and it's hard to shake off. You can't control the outcome, but you can control your reaction to it. Matt Nakajima is an accomplished trial lawyer who has secured more than forty verdicts and settlements of $1 million or more. Since 2025 alone, he has recovered over $100 million for his clients. Several of these cases have resulted in nationwide safety changes, particularly in corporate negligence and trucking collision cases - helping prevent similar harm to others. But before reaching this level of success, Matt had his share of losses. The kind of defeats that made him question if trial work was even the right thing for him. Today, we talk about perseverance, the importance of community, continuous training and learning from losses. 'Resilience' may sound like a buzzword, but witness it applied here with an intention and commitment that's genuine and inspiring. "That ability to pick yourself back up and try again I think is really what separates good lawyers from average, and then to become great." 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 Introduction: A Stark Choice 02:03 Matt's First Solo Trial: Taking Risks 05:53 Lessons from Loss 12:04 Empathy in Advocacy, Connecting with Clients 21:58 Investing in Yourself: The Roadmap for Aspiring Trial Lawyers 28:01 Personal Growth: Balancing Life and Law 31:58 The Briefcase Analogy: Valuing Human Life 40:01 Advice for New Lawyers 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

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

When is being "reasonable," patient and compromising in fact just a strategy of the other side to delay, frustrate and ultimately to avoid trial? We should be respectful. We should be professional. But at no point should we ever compromise the duty to our client for the sake of getting along. Samantha Cohn talks about the moral and ethical motivations behind her career shift to becoming a personal injury lawyer, her techniques for being assertive in the court room, and not rolling over to somebody else's demands and expectations. Of recognizing when 'Be reasonable' is more like, 'Roll over and come to my side and agree with me, so I don't have to work too hard.' "I want the defense to see that freight train coming at them, to know that we're serious, and that they're not going to be able to drag their feet in trying to get this resolved." In this episode, we discuss: ◼️ If you're going to be a trial lawyer, you have to accept that it's going to be lonely sometimes. ◼️ What to do when insurance companies prioritize profit over people. ◼️ How getting trial experience is absolutely crucial for personal injury lawyers. ◼️ Why mentorship and surrounding oneself with experienced lawyers is vital to improving. ◼️ What is insurance subrogation, and why it is a good foray into personal injury law. ◼️ Why the legal profession demands integrity and moral courage. Chapters 00:00 "That Doesn't Comport With my Moral Compass" 02:58 Samantha's Journey to Becoming a Lawyer 05:30 How Subrogation Can Lead to Personal Injury Law 11:16 How Insurance Companies Treat People 16:45 The Emotional Toll on Lawyers of Personal Injury Cases 21:31 Fighting for Clients in Court 25:52 Accountability and Taking Responsibility to Avoid Litigation 30:49 It's Not About the Money 36:09 There is No Such Thing as a Loss 49:43 "I Still Have Nerves Before Going to Court" 54:45 Seek Mentors and People You Admire 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

Dog bite cases are rarely about just one victim—they’re about public safety, accountability, and preventing the next attack. "You have to show that this could happen to pretty much anyone. This could happen anytime, anywhere. You have to get the jury's mind ticking, and get them to see that it's not just that person who got bit on the face, it's anybody." Ashley Strandjord describes her approach to prosecuting dog attacks, and other personal injury cases, demonstrating their impact on individuals, communities and societies. Through her work, Ashley helps victims harmed by negligent or careless behavior. She’s known for her meticulous case preparation, strategic litigation skills, and compassionate representation. In this episode, we discuss: ◼️ Why dog bite cases are emotionally driven, but also time-consuming, and therefore how to prepare your case. ◼️ How notice requirements can complicate dog bite cases. ◼️ How dog owners have a legal duty to secure their pets, and the nuances of this on a case. ◼️ Why establishing a pattern of incidents is what strengthens a case. ◼️ How to build credibility with the jury, something critical for success. ◼️ Why courtroom etiquette can have such a strong influence on jury perception. Chapters 00:00 Understanding Dog Bite Cases 03:05 The Emotional Impact of Dog Bite Cases 05:56 Legal Responsibilities of Dog Owners 08:54 Navigating Notice Requirements in Dog Bite Cases 17:56 The Importance of Evidence in Court 20:53 Accountability and Deterrence 23:56 The Broader Implications of Dog Bite Cases 27:02 Trial Strategies 36:00 Building Credibility in the Courtroom 38:58 Practical Tips for Trial Attorneys 41:48 The Human Element in 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. 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

You've completed law school, taken the bar exam, have built a network of contacts and are ready to start practicing. And then, your entire law school's results are thrown out. You're faced with the choice: walk away completely for a new career, or go back to law school and do it all over again. "I graduated the first time, took the bar, and I had to ask myself then before I was even a licensed lawyer, will I do it all again?" Rodd Santomauro joins us to share his compelling story of persistence, perseverance and authenticity in building a thriving career as a plaintiff's personal injury attorney, and most recently, VP of Strategic Partnership and lien resolution strategist with Synergy. Learn just how important it is to be proactive, assertive and taking responsibility for your own career. "I wouldn't let the inaction of others negatively impact my dreams," says Rodd. Protect your sanity, and your clients’ money, by being true to yourself. The results will follow. In this episode, we discuss: ◼️ Why over-preparation is crucial to standing out, and can make a real difference in work and life. ◼️ Why proactive advocacy is crucial for achieving the best outcomes for clients. ◼️ Why understanding liens is essential for personal injury lawyers. ◼️ How negotiating with lien holders can significantly impact client settlements. ◼️ Strategies used to negotiate lien reductions, ultimately benefiting both lawyers and their clients. ◼️ How empathy and active listening help you truly understand your clients, and get the best possible results. Chapters 00:00 Finding Fulfillment in Your Career 03:53 The Importance of Personal Style 06:44 Embracing Authenticity in the Legal Profession 08:32 Forced to Repeat Law School: Lessons in Perseverance 15:27 The Role of Continuous Learning 17:58 Rodd's Work with Synergy 24:34 Understanding the MCO Case 25:21 Client Impact and Fee Structure 30:55 Explaining Liens to Clients 36:17 Negotiating with Lien Holders 40:30 Pushing Forward in Legal Cases 44:38 Advice for Young Lawyers 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

Understanding referral generation is crucial for business growth, and a law practice must be a business first. Today we look at the importance of referrals in law firms, focusing on who is responsible for generating these referrals and how to effectively manage this process. In keeping with this theme, please share this episode with your colleagues and network, to make sure that they can benefit from this information as well. Erica Caviness is a law firm coach and business specialist, and founder of Thrive Concepts, which guides law firms on becoming successful, sustainable and thriving businesses. With a professional journey rooted in legal and medical coaching expertise, she stands out as a seasoned authority in the coaching realm, particularly within the intricate landscape of law firms. In this episode, we discuss: ◼️ Why the first question to ask of your law firm is, "Who is in charge of referrals?" ◼️ Why law firms need maintain a focus on business development strategies. ◼️ How effective management of referrals and relationships can lead to increased cases. ◼️ Whether your referral expert needs to be a trial lawyer as well. ◼️ How to brand and market your firm to attract referrals. Chapters 01:07 Erica's Journey and Expertise 11:44 Developing Effective Referral Programs 18:53 Diversifying Referral Sources 21:54 Recruiting and Training for Success 23:34 Understanding Referral Partners 29:20 Marketing Campaigns and Core Values 36:30 The Significance of Referrals Follow Courtroom Stories & Tactics Instagram: https://www.instagram.com/rvatriallawyer/ LinkedIn: https://www.linkedin.com/company/rvatriallawyers Apple Podcasts: https://podcasts.apple.com/us/podcast/rva-trial-lawyers-richmonds-trial-lawyer-podcast/id1669382040 Spotify: https://open.spotify.com/show/7DH4Jp8slQmDZlYvQ4eVxk 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

If you want to learn how to live a full, sustainable life as a lawyer, this episode is for you. Matt Long breaks down how to build a healthy firm culture, communicate effectively, and avoid burnout as a lawyer. Please consider sharing this episode with someone who could benefit from it. Matt is the President of Bowen Ten Long & Bal in Richmond, Virginia. Over his 17+ year career, he has led with a simple philosophy: protect your people, communicate openly, and never let the profession consume your entire life. His open-door style has created a positive, honest, and supportive culture that keeps both clients and employees thriving. In this episode, we discuss: ◼️ How to build a firm culture people genuinely want to be part of ◼️ Why open-door communication prevents most internal problems ◼️ How to avoid burnout when every client needs you “right now” ◼️ How he prioritizes employees, clients, and the business itself ◼️ The realities of practicing in smaller Virginia jurisdictions ◼️ How rising insurance limits are reshaping PI practice ◼️ Why prioritizing family and self-care makes you a better lawyer 02:14 Work-life balance as a non-negotiable 05:47 How to create a safe, honest firm culture 09:18 Communicating with clients under pressure 13:52 Burnout in the legal profession — and how to avoid it 17:29 Lessons from 17+ years of PI practice 21:40 Shrinking access to legal counsel in Virginia 25:06 Practicing in smaller jurisdictions 28:49 Rising insurance limits — what lawyers need to know 32:12 How Matt balances team, business, and family 36:40 Leadership lessons that shaped his approach 41:18 Final reflections on living a sustainable lawyer life Follow Courtroom Stories & Tactics Instagram: https://www.instagram.com/rvatriallawyer/ LinkedIn: https://www.linkedin.com/company/rvatriallawyers Apple Podcasts: https://podcasts.apple.com/us/podcast/rva-trial-lawyers-richmonds-trial-lawyer-podcast/id1669382040 Spotify: https://open.spotify.com/show/7DH4Jp8slQmDZlYvQ4eVxk #TrialLawyers #LawFirmLeadership #WorkLifeBalance #AttorneyWellness #PlaintiffLaw #RichmondLawyers #LegalProfession 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

"It gives me so much purpose and meaning: we are helping educate people in a place where they don't know anything. And they need the help." Michele Lewane is runs the Injured Workers Law Firm in Richmond, VA, which since 2006 has been advocating to get the benefits injured workers deserve for their worker's compensation claims. Worker's compensation is a complex and bureaucratic field that requires tremendous expertise and preparation to navigate. Michele guides us through the intricate details, from initial injury reporting to hearings and litigation. She talks about the challenges faced by injured workers in getting the care, coverage and compensation they deserve, and she shares examples that illustrate the importance of early legal intervention. Michele is also the co-founder of Kids’ Chance of Virginia, which provides post-secondary and trade school scholarships to the children of Virginia workers who have been severely or fatally injured in a workplace accident. You can learn more here: www.kidschanceva.org It was a privilege having Michele join us. 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

"What helps motivate us in part is institutional or organizational betrayal: where the bond between the institution and the person is strong, but there's a big power differential due to the size and strength of the institution." - Peter Everett Peter Everett and Barkley Horn from Blankenship & Keith joined us to talk about their firm's approach to personal injury law. They focus on catastrophic injury cases with a particular focus on representing survivors of violent crimes. Their cases can often be brought down to the question of institutional betrayal, where trusted organizations fail to protect individuals or cover up wrongdoing. Peter and Barkley share their strategies for developing their cases, and they share some fascinating stories of trial experiences, including high-profile and complex cases involving violent crimes and wrongful death. It was a privilege having Peter and Barkley join us. 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

AI is not perfect yet, you still have to babysit it, but it's scary. Because two years ago I used AI and thought, "Well that was kind of like using a high school senior." Now when I'm using AI, it's like, "I'm using a second year associate." Penn Crawford joined us for a wide-ranging discussion. We talked about the realities of running a small, boutique law firm and what makes firms of this size effective for the people they represent. We also discussed the growing role of AI in legal practice — how it’s changing research, trial preparation, and day-to-day work. Beyond the practice of law, Penn shared his perspective on maintaining personal well-being, the value of preventative care, and the distinction between managing energy versus managing time. It was a privilege having Penn join us. 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

"My thought when I go into a courtroom, and I feel this way throughout the trial, is I just am welcoming people into my house. I go in, I talk to my jury, I make eye contact with them, and I try to talk to them the way that I would talk to anybody: a clerk at the grocery store or you guys - us sitting in this room doing this podcast. " The way we interact with a jury, particularly in voir dire, sets the tone for the trial and can make or break the case. Courtney Winston is an expert at making that connection, being authentic, and treating this interaction as a conversation, not a dictation. Courtney is a trial lawyer doing plaintiff's personal injury work, to which she brings a background in legal aid and criminal defense. Sharif and Nael talk with Courtney about the importance of humanizing clients, building trust, and developing control and confidence during a trial. It was a privilege having Courtney join us. 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