Learn the art of outsmarting from the defense’s worst nightmare himself, Keith Mitnik. Join the star litigator each month as he shares his “trial nuggets” — proven trial preparation exercises that can block the defense and turn a case in your favor — in his new podcast, Keith Mitnik’s Monthly Brushstrokes.
S3 Ep9 -New Voir Dire Questions
Keith finishes Season 3 discussing a few new voir dire questions. These questions are hot off the presses and cover important topics not addressed in his book.
One deals with the biased spouse at home who is likely to exert influence over an otherwise unbiased prospective juror. The other identifies those who are not engineers, but still have the engineering gene (demand impossible levels of proof). I have found both of these new developments to be very valuable tools in the pursuit of just results.
S3 Ep8 - The Naming Game
In this episode, I talk about what I call "The Naming Game.” It‘s about calling out unfair defense tactics in ways that stick.
For example, when they admit fault, but deny any meaningful harm, brand it "The Old 'So-What' Defense.” When the defense makes ugly suggestions that they don’t actually believe enough to say out loud (such as hinting that your client is a faker), tag it by saying, “The courtroom is not a place for hinting; it’s a place for saying what you mean and backing it up.” By naming unfair tactics in bold and memorable ways, you will make the defense pay for not shooting straight with the jury.
S3 Ep7 - Winning Before Beginning
In this segment of Brushstrokes, Keith talks about a hot-off-the-presses process for picking powerful, perfect words to build an unassailable framework for your case.
What’s got him excited is a brand new way to quickly and scientifically pinpoint those “flashlight” words that illuminate safe passage to a just result. It’s all part of winning before beginning the trial.
S3 Ep6 - The Audacity To Ask
In this episode of Brushstrokes, Keith follows up on last month’s "Putting an End to Belittling Pain” with “The Audacity To Ask.” He lays out a process to get maximum justice, starting with overcoming your own bias and applying the golden rule to yourself.
S3 Ep 5 - Putting an End to Belittling Pain You Can’t See
In this episode of Brushstrokes, Keith shares a new system that will revolutionize the value of cases where the injury is not recognizable from the outside and does not interfere so much with doing, as with the experience of doing. He calls it “Putting an End to Belittling Pain You Can’t See."
S3 Ep4 - Depositions: An Adventure
Keith puts depositions in a new, intriguing perspective. They are not about boring discovery. They are about getting ready for trial — gathering sound bytes and intel. It is an adventure, not a drudge.
Customer ReviewsSee All
A must listen
Such great advice for trial.
Easy and usable tips!
It’s like receiving a trial CLE every few days. You can’t help but get better even if it’s only one thing you adopt per episode.
I have learned a lot listening to Mitnik. His book is outstanding. I recommend to anyone that wants to get better at trying cases.