Best Practices with Kenny Berger

Kenneth Berger
  • 4.8 (28)
  • Business
  • Updated Biweekly

Best Practices is a legal podcast where South Carolina attorney, Kenneth Berger, interviews trial lawyers from around the country with regard to aspects of their practice that have helped them reach the top of the field. Tune in every other week for interviews covering everything from case selection to closing argument.

  1. Sep 9

    The $20 Million Case Others Turned Down | Attorney Sharif Gray | S6 Ep. 16

    Several firms passed on the case. The physical injuries were relatively minor. There was little medical treatment, a significant preexisting trauma history, and no plaintiff expert willing to connect the incident to a specific medical outcome. Then a focus group saw something different. In this episode of Best Practices with Kenny Berger, Virginia trial lawyer Sharif Gray breaks down the $20 million verdict his team obtained for a child who was mistreated at a residential psychiatric facility. The case became a lesson in looking beyond traditional measures of damages and identifying the universal human values that were actually taken: trust, dignity, and hope. Sharif also shares the practical trial decisions that shaped the case, including how his team: Used focus groups to recognize value they had not fully appreciatedFramed the case around community expectations, betrayal of trust, and universal human valuesProved damages through lay testimony without a supporting plaintiff expertUsed defense experts and witnesses to strengthen their own caseLeveraged missing evidence without creating an unnecessary appellate issueUsed a collaborative trial team to simplify and strengthen the presentationThe result is a conversation about more than a $20 million verdict. It is about learning to see the value others miss, understanding what was truly taken from the client, and building the case around that loss.

  2. Aug 26

    How Great Trial Lawyers Handle Imperfect Cases | Attorney Russell Pate | S6 Ep. 15

    Every case that reaches trial has problems. The question is what you do with them. In this episode of Best Practices with Kenny Berger, trial lawyer Russell Pate breaks down the strategy behind a $7 million premises liability verdict and the difficult facts that made the case anything but straightforward. Russell shares how he confronted weaknesses instead of avoiding them, built the case around a clear safety principle, and found compelling ways to prove damages even when the traditional evidence was not there. Kenny and Russell also discuss how a client’s remarkable recovery can become part of the damages story, where to look when family and friends are not available as before-and-after witnesses, how to protect clients from unnecessarily difficult testimony, and why simplifying the jury’s job can be more persuasive than trying to answer every possible question. The conversation goes beyond one verdict to explore the judgment that develops through actually trying cases: responding when unexpected evidence surfaces, learning from losses, trusting jurors, and continuing to refine your approach with every trial. In this episode: How to identify the central issue in a case with difficult factsWhy safety standards should evolve as knowledge and technology improveHow to address weaknesses without allowing them to define the caseWhy a strong recovery does not erase the significance of a serious injuryFinding powerful before-and-after witnesses beyond family and friendsProtecting the client while still presenting difficult future damages evidenceSimplifying the jury’s decision-making processDeveloping trial judgment through repetition, experience, and even lossFor trial lawyers, the lesson is not to wait for the perfect case. It is to learn how to see, prepare, and try the case you actually have.

  3. Aug 12

    Beyond Aviation: Maximizing Damages in Catastrophic Cases | Attorney Andrew Robb | S6 Ep. 14

    Most lawyers build damages by documenting what their client earned. Andrew Robb explains how to build damages by proving what your client still could have become. In the 100th episode of Best Practices with Kenny Berger, Andrew shares the framework his firm has developed through decades of catastrophic aviation litigation to uncover, develop, and present damages that many lawyers never think to pursue. Rather than stopping with employment records and economic projections, he explains how to investigate a client's ambitions, opportunities, relationships, and future potential to paint a more complete picture of what was truly taken. What You'll Learn Andrew shares practical strategies for: Developing stronger economic damages by proving future potential, not just past earnings.Investigating the people, experiences, and evidence that reveal your client's unrealized future.Using powerful liability evidence to maximize compensatory damages instead of relying on punitive damages.Building credibility with jurors by presenting realistic damages models and giving them meaningful choices.Conducting root cause analysis to identify the specific failure that caused a catastrophic event.Presenting emotional damages in a way that earns trust instead of creating juror resistance.The Bigger Lesson The conversation goes far beyond aviation. Andrew explains why the most valuable catastrophic cases are often built by asking better questions, looking deeper into your client's story, and making strategic decisions that maximize what your client can actually recover—not simply what a jury might award. Whether you're handling a wrongful death case, a trucking collision, medical malpractice, or any other catastrophic injury claim, this episode offers practical ideas for developing stronger damages evidence, making more thoughtful litigation decisions, and ultimately achieving better outcomes for your clients.

  4. Jul 29

    The Conservative Venue Playbook | Attorney Michael Goldberg | S6 Ep. 13

    Trying cases in conservative venues requires more than adjusting your presentation. It requires better judgment. In this episode of Best Practices with Kenny Berger, Kenny sits down with veteran trial lawyer Michael Goldberg of Fried Goldberg to discuss the practical decisions that shape successful trial strategy long before a jury begins deliberating. Drawing on decades of experience trying cases across the Southeast, Michael explains how to evaluate a venue, determine what a case is truly worth, and build the credibility that allows jurors to trust both you and your client. What You'll Learn Michael shares practical strategies for: Evaluating whether a venue is actually conservative instead of relying on reputation.Determining case value based on venue demographics, jury history, and local insight.Building credibility from opening statement through closing argument.Simplifying witness testimony and eliminating unnecessary evidence.Asking for significant damages with confidence while maintaining credibility.Helping jurors reach the right conclusion without over-arguing your case.Presenting a more efficient trial that respects jurors' time and attention.The Bigger Lesson This conversation goes beyond trial tactics. Michael explains why great trial lawyers don't overwhelm jurors with information. They earn trust by keeping their promises, presenting only what matters, and giving jurors the confidence to reach the right conclusion on their own. Whether you're preparing for trial in a conservative venue or simply looking to become a more disciplined and persuasive advocate, this episode offers practical lessons that can strengthen the way you prepare every case.

  5. Jul 15

    The Mental Game of Trial Law | Attorney Przemek Lubecki | S6 Ep. 12

    In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Przemek Lubecki for a conversation about the mental side of trial work and why preparation alone is not enough to perform at your best in the courtroom. Drawing on lessons from sports psychology and years of trial experience, Przemek explains how confidence, self-image, and repetition influence a lawyer's ability to execute under pressure. He shares practical insights on developing the mindset of a high-performing trial lawyer, building confidence through deliberate practice, and staying present when the stakes are highest. The conversation also explores why great trial lawyers are driven by a passion for the process, how small improvements compound over time, and what it takes to consistently perform when it matters most. This episode is a practical look at the habits and mindset that help trial lawyers bridge the gap between preparation and performance. In this episode, they discuss: How confidence and self-image influence trial performancePractical ways to prepare for high-pressure courtroom momentsWhy repetition and deliberate practice create better advocatesLessons from sports psychology that apply to trial workDeveloping a passion for the process of becoming a better trial lawyer

  6. Jul 1

    The Small Decisions That Win Big Cases | Attorney Zach Sprouse | S6 Ep. 11

    In this episode of Best Practices with Kenny Berger, Kenny sits down with Savannah trial lawyer Zach Sprouse to break down the trial strategies that helped turn a $180,000 pretrial offer into a $4.95 million verdict. The conversation follows the case from jury selection through closing argument, exploring the series of decisions that shaped the outcome. Zach shares how he approached difficult facts, developed themes during voir dire, structured his order of proof, and worked to build credibility with jurors from the very beginning of trial. This episode is a practical look at how thoughtful trial strategy, careful preparation, and a commitment to credibility can influence the outcome of a case long before the jury begins deliberating. In this episode, they discuss: Using voir dire to introduce themes that carry through trialAddressing difficult facts before the defense can use themStructuring witness order to strengthen credibility and storytellingPresenting damages in a way jurors can understand and embraceBuilding trust with jurors through honesty, preparation, and consistency

  7. Jun 17

    The Trial Lawyer's Guide to Persuasive Writing | Attorney Kurt Zaner | S6 Ep. 10

    In this episode of Best Practices with Kenny Berger, Kenny sits down with Denver trial attorney Kurt Zaner for a conversation about one of the most overlooked skills in trial practice: persuasive writing. Kurt explains why every brief, motion, and filing is an opportunity to shape the story of the case long before trial begins. From understanding your audience to simplifying complex issues, he shares practical strategies for writing in a way that informs, persuades, and builds credibility with the court. The conversation also explores how strong legal writing supports stronger trial advocacy, helping lawyers develop themes, preserve key issues, and create a foundation for success before ever stepping into the courtroom. This episode is a practical look at how better writing can become a competitive advantage for any trial lawyer. In this episode, they discuss: Writing with the reader in mind and understanding your true audienceSimplifying complex legal issues without sacrificing substanceUsing motions and briefs to reinforce your case theme earlyBuilding credibility through clear, persuasive writingHow effective legal writing strengthens trial strategy from the outset

  8. Jun 3

    Building a Trial System That Wins | Attorney Sean Claggett | S6 Ep. 9

    In this episode of Best Practices with Kenny Berger, Kenny sits down with trial lawyer Sean Claggett of Claggett & Sykes for a conversation that starts with focus groups and quickly expands into something much bigger. Sean shares how collecting and analyzing juror feedback has shaped the way he prepares cases, develops themes, and approaches trial strategy. But the discussion goes beyond focus groups. It explores how trial lawyers can build systems, teams, and processes that turn information into better decisions and better outcomes for clients. From early case evaluation to trial preparation, Sean explains how he uses data to identify risks, test ideas, and refine the story before ever stepping into the courtroom. He also discusses the people, structure, and discipline required to make that approach work at a high level. This episode is a practical look at building a trial practice that learns, adapts, and improves with every case. In this episode, they discuss: • Using focus groups to identify case weaknesses early • Turning juror feedback into actionable trial strategy • Building systems that help trial lawyers make better decisions • Structuring teams to maximize the value of focus group data • Creating a repeatable process for trial preparation and case development

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4.8
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About

Best Practices is a legal podcast where South Carolina attorney, Kenneth Berger, interviews trial lawyers from around the country with regard to aspects of their practice that have helped them reach the top of the field. Tune in every other week for interviews covering everything from case selection to closing argument.

Information

  • Creator
    Kenneth Berger
  • Years Active
    2021 - 2026
  • Episodes
    102
  • Rating
    Explicit
  • Copyright
    © 2026 Best Practices with Kenny Berger
  • Show Website
    Best Practices with Kenny Berger

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