When the defense uses statements from your client about improvements in their condition to suggest her or she isn’t really hurt, remind the jury those words are badges of honesty, they are not the words of an exaggerator.   If you have a case that you think me or my team would be able to help you with or handle, you can reply to this email. You can email me:   I personally read every reply.     I'm now on LinkedIn, let's connect:      For more visit:

How To Turn The Defense Attack On Your Client Back On Them

When the defense uses statements from your client about improvements in their condition to suggest her or she isn’t really hurt, remind the jury those words are badges of honesty, they are not the words of an exaggerator.

How to explain to potential jurors that it is easier said than done to hold the burden of proof down to "more likely than not" when that person believes the burden should be higher.I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedInFor more visit: https://keithmitnik.com

How to explain to potential jurors that it is easier said than done to hold the burden of proof down to "more likely than not" when that person believes the burden should be higher. I'm now on LinkedIn, let's connect: <a href="https://bit.ly/KeithOnLinkedIn" rel="nofollow" target="_blank">https://bit.ly/KeithOnLinkedIn</a> For more visit: <a href="https://keithmitnik.com" rel="nofollow" target="_blank">https://keithmitnik.com</a>

Rising Tide

How to explain to potential jurors that it is easier said than done to hold the burden of proof down to "more likely than not" when that person believes the burden should be higher.   I'm now on LinkedIn, let's connect:    For more visit:

How to stop the defense from seating biased jurors by explaining that bias does not cause people to ignore evidence, rather it impacts conclusions from the evidence.    I'm now on LinkedIn, let's connect:  For more visit:

The Key Difference Between Conflicting Facts & Conflicting Conclusions

How to stop the defense from seating biased jurors by explaining that bias does not cause people to ignore evidence, rather it impacts conclusions from the evidence.I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedInFor more visit: https://keithmitnik.com

How to stop the defense from seating biased jurors by explaining that bias does not cause people to ignore evidence, rather it impacts conclusions from the evidence. I'm now on LinkedIn, let's connect: <a href="https://bit.ly/KeithOnLinkedIn" rel="nofollow" target="_blank">https://bit.ly/KeithOnLinkedIn</a> For more visit: <a href="https://keithmitnik.com" rel="nofollow" target="_blank">https://keithmitnik.com</a>

How to punish the defense if they take snippets of medical records out of context.I'm now on LinkedIn, let's connect: https://bit.ly/KeithOnLinkedInFor more visit: https://keithmitnik.com

How to punish the defense if they take snippets of medical records out of context. I'm now on LinkedIn, let's connect: <a href="https://bit.ly/KeithOnLinkedIn" rel="nofollow" target="_blank">https://bit.ly/KeithOnLinkedIn</a> For more visit: <a href="https://keithmitnik.com" rel="nofollow" target="_blank">https://keithmitnik.com</a>

Putting A Stop To Cherry Picking

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 podcast, Keith Mitnik’s Brushstrokes. For more visit :

S4 Ep12 - Opening & Closing

S4 Ep11 - Heading Off Unfair Rehabilitation Practices

S4 Ep10 - A New Voir Dire Framework / Disputes Over Conclusions, Not Facts

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.

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.

Must listen

This is simply the best trial-advocacy content available.  Keith is a true master.

Incredible

Mitnik's Brushstrokes

Keith gets to the heart of all that is right about money damages.  The starting point of delivering on damage is “believing”.  Then come the pillars of truth that help the jury believe too.  One of those truths is – “It’s not about how much they’re going to get, it’s about how much was taken”. This is 15 minutes of pure truth from a true believer.

Mitnik's Monthly Brushstrokes - Ep 3 - The Dignity of Damages

In this month’s Podcast “Not a Lot of Visible Property Damage” Keith provides a surefire way to put an end to one of the defense’s favorite unfair tactics – claiming it was just a fender-bender, therefore, your client couldn’t have been hurt badly from the defendant ramming him or her - waiving photos around like a magician uses a wand to distract and trick the audience.  After you listen to this, they won’t be able to get away with that sleight of hand anymore.

Mitnik's Monthly Brushstroke - Ep 5 - Not A Lot Of Visible Damage

In this month’s Podcast “A Universal Bias Question” Keith gives you a way to get biased jurors to realize and inform the court they cannot be fair – it sounds like a stretch – listen and see how this honor system works – any place – universally!

Mitnik's Monthly Brushstroke - Ep 6 - A Universal Bias Question

This month’s episode is the first of a two-part presentation on cross examination of defense experts. The defense picks experts because they are charming smooth-talkers with impressive credentials.  Let’s face it, after direct they are likely to have the jury eating out of their hand, which makes it hard to show they aren’t shooting straight in your cross. The solution is to expose them BEFORE they get a chance to charm the jury. You can jump in front of direct and call them out in advance by starting your cross in opening or even earlier.  I’ll show you how.

Mitnik's Monthly Brushstrokes - S2 Ep10 - Cross Examine, Part I

This session goes to the heart of my "Don’t Eat the Bruises system": Take everything from the defense and leave them nothing. I’ll show you how to devour the defense’s case during your opening statement so they can’t get a foothold with their unfair favorite facts.  When done, you’ll be winning at the beginning, which is key to a winning ending.

Mitnik's Monthly Brushstrokes - S2 Ep7 - 3 Steps Summarized

This month’s Podcast “It's A Calling” reminds us - it’s an honor to be asked to stand up for others, when it's unfair for them to stand alone.

Mitnik's Monthly Brushstroke - Ep 4 - It's A Calling

In this session, Keith will share two surefire ways to expose sneaky defense tactics. First, an analogy to deal with the old defense trick of creating glaring distractions hoping the jury loses its way. Second, a simple phrase to call the defense out for hinting that your client is exaggerating without coming right out and saying what they mean (trying to play it safe, while really playing dirty).

Mitnik's Monthly Brushstrokes - S2 Ep12 - Keep Your Eye on the Ball

This is the second part of the session that started last week on creating the language of your case. The first part was about picking powerful, perfect words. Now we’ll talk about how to resurrect recognizable phrases and ask winning questions to create an unassailable structure for your case. Old adages carry a lot of weight, like, “You can’t judge a book by its cover.” Questions that you know the right answers to are a great way to help jurors keep their eyes on the ball, such as, “Is it all just a big coincidence?” Tune in for much more.

Mitnik's Monthly Brushstrokes - S2 Ep9 - The Right Phrases

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 Ep 5 - Putting an End to Belittling Pain You Can’t See

This month’s podcast is the second part on cross examining defense experts who try to convince the jury your client wasn’t hurt seriously in the crash. This method is based on exposing the absurdity of their position that the onset of pain at the same time as the crash is all just a big coincidence.  After you hear it laid out, you’ll realize the expert doesn’t stand a chance.

Mitnik's Monthly Brushstrokes - S2 Ep11 - Cross Examine, Part II

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 Ep6 - The Audacity To Ask

In the season two opener of Mitnik’s Monthly Brushstrokes podcast, Keith shares the fundamental steps of his Winning At The Beginning system for opening statements. He will show you how to design an opening that will swallow whole the defense’s opening, assuring that you’re ahead after both sides' openings are done. Keith's Winning At The Beginning system is engineered to see to it the jury picks your team, not theirs.

Mitnik's Monthly Brushstrokes - S2 Ep1 - Winning at the Beginning

In this episode of Brushstrokes, Keith will show you how to get zero comparative faults in trip-and-fall cases where the defense is open and obvious.It’s not about whether your client could have seen it or could have avoided it. It is about whether your client acted unreasonably or did something wrong.  It is about blaming the difference between visibility and conspicuity (The competition for one’s attention).

In this episode of Brushstrokes, Keith will show you how to get zero comparative faults in trip-and-fall cases where the defense is open and obvious. It’s not about whether your client could have seen it or could have avoided it. It is about whether your client acted unreasonably or did something wrong. It is about blaming the difference between visibility and conspicuity (The competition for one’s attention).

S3 Ep1 - How to Get Zero Comparative Fault

In this session, Keith shares a very effective damage model he created to ensure elderly clients get full justice. He calls it “All Time Is Not Equal.” It is based on reminding jurors of a universal truth: the less there is of anything, the more valuable it becomes. Life is precious — as it begins to run out, moments matter, and time is treasured as the ultimate scarcity.

Mitnik's Monthly Brushstrokes - S2 Ep2 - All Time Is Not Equal

Keith shows how to enlighten jurors about cases involving injuries from falls. There is often a kneejerk, negative reaction that the person who fell must not have been looking where they were going or they wouldn’t have fallen.  Take a few minutes to listen and you will have the means to help jurors see for themselves – that’s not a fair reaction at all.

Mitnik's Monthly Brushstrokes - Ep 7 - Slip and Fall

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