Best Practices with Kenny Berger

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.

Best Practices with Kenny Berger is a business podcast hosted by Kenneth Berger, with 102 episodes on record and a Required Pod Score of 80.

Kenneth Berger hosts Best Practices with Kenny Berger, a business show with 102 episodes published.

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  Episode #17

  The Trial Autopsy: Don’t Lose the Same Way Twice | Attorney Monte Tynes | S6 Ep. 17

  Sep 23, 202643 minS6

  Most trial lawyers know how to celebrate a win. Monte Tynes has spent just as much time thinking about what to do after a loss. After a defense verdict in a birth injury case, Monte and his team developed a 20-part root cause analysis of the loss, reviewing the case from intake through trial to identify what went wrong, what could have been prevented, and what needed to change before the next case. In this episode of Best Practices with Kenny Berger , Monte shares how that process has changed the way his firm evaluates, prepares, and tries cases. The conversation covers: Using focus groups and jury research early enough to uncover weaknesses you can still address Vetting experts and their opinions before those decisions become difficult to undo Planning the visual presentation of a case long before trial Turning lessons from losses into checklists, workflows, and better systems Using data to distinguish a difficult case from a poor performance Staying with clients after a disappointing verdict Separating your self-worth from the outcome and focusing on the process you can control Using AI and technology to strengthen case preparation without replacing legal judgment

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  Episode #16

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

  Sep 8, 202647 minS6

  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 appreciated Framed the case around community expectations, betrayal of trust, and universal human values Proved damages through lay testimony without a supporting plaintiff expert Used defense experts and witnesses to strengthen their own case Leveraged missing evidence without creating an unnecessary appellate issue Used a collaborative trial team to simplify and strengthen the presentation The 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.

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  Episode #15

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

  Aug 26, 202655 minS6

  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 facts Why safety standards should evolve as knowledge and technology improve How to address weaknesses without allowing them to define the case Why a strong recovery does not erase the significance of a serious injury Finding powerful before-and-after witnesses beyond family and friends Protecting the client while still presenting difficult future damages evidence Simplifying the jury’s decision-making process Developing trial judgment through repetition, experience, and even loss For 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.

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  Episode #14

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

  Aug 12, 202647 minS6

  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.

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  Episode #13

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

  Jul 28, 202649 minS6

  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.

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