The Art of Preparing for Trial with Special Guest Elizabeth Larrick

The Art of Preparing for Trial with Special Guest Elizabeth Larrick

As a former prosecutor, I've seen first hand how unpredictable trials can be.

That's why I was thrilled to sit down with Elizabeth Larrick, a former litigator turned trial consultant, who shares some solid insights about how focus groups can transform your trial strategy.

In this edition of Be a Better Lawyer Insider, I'll share some of those insights from our recent conversation, to help you gain the confidence and perspective you need to make the best possible decisions for your case.

The Power of Focus Groups

"Most lawyers automatically think 'mock jury' when they hear focus group," Elizabeth explains. "But that's not what we're talking about here."

While mock trials give you probability of winning, focus groups offer something far more valuable: deep, targeted insights about specific aspects of your case. They're more nimble, cost-effective, and often more illuminating than full mock trials.


The CSI Effect: Managing Juror Expectations

One of the biggest challenges litigators face? Jurors expect evidence that doesn't exist.

"We call it the CSI effect," Elizabeth notes. People expect everything. They want you to have video, perfect forensics, and crystal-clear evidence. But that's not reality.

This is where focus groups become invaluable. They help you:

  • Identify gaps in your evidence before trial
  • Test explanations for missing evidence
  • Understand what matters most to jurors
  • Develop strategies to address unrealistic expectations

Making Jurors Care

Here's a hard truth: jurors will do almost anything to avoid making a decision.

Elizabeth shared a crucial insight: "You need to either empower them with their decision-making role or help them understand why this case matters beyond just the immediate facts."

This means:

  • Developing a compelling narrative
  • Highlighting broader implications
  • Making complex issues relatable
  • Building emotional investment in the outcome
  • Addressing bad facts or unlikeable witnesses honestly


Common Pitfalls to Avoid

1. The "He Said, She Said" Case

For cases that come down to conflicting testimony, Elizabeth recommends:

  • Finding creative ways to corroborate testimony
  • Using Google Maps and other objective sources
  • Building credibility through context
  • Creating a compelling framework for why your client's version makes more sense


2. Assuming Facts are Self-Evident

That surveillance video you think is crystal clear? Your focus group might see something completely different.

Ensure you're not assuming that the jury sees what you see.


3. "I Can Do it Myself."

"There's this dangerous thought still out there that you can try a case by yourself," Elizabeth warns. "I tried a case solo once. It was horrendous."

Instead, build or join a community of lawyers who try cases, so you can talk through cases and their potential issues.


If you'd like to hear the full interview with Elizabeth Larrick -- complete with a few war stories -- you can listen to Be a Better Lawyer anywhere you listen to podcasts or by clicking here.

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How Dina Can Help You

Dina Cataldo is a leading legal industry expert, master certified coach, speaker, and host of the popular podcast “Be a Better Lawyer.”

She helps lawyers take control of their lives and law practices by helping them remove obstacles to growth and create time freedom and peace. These skills allow lawyers to build their practices with more ease than they ever imagined possible.

Dina's insights and advice have been featured on various prominent platforms. She's spoken at the Alabama State Bar Annual Meeting, on podcasts like “Law Firm Autopilot” and “Maximum Lawyer Podcast,” and more.

Through her coaching and speaking, Dina has positively impacted the lives of thousands of lawyers, helping them manage their time, overcome overwhelm, boost self-confidence, and find fulfillment in their legal careers.

Her empathetic and strategic approach has made her a sought-after coach among partners, solo practitioners, and boutique firm owners.

Dina Cataldo is a trailblazer in the legal industry, and she continues to inspire and empower big hearted female lawyers, to achieve professional success and personal fulfillment.

To book a call with her to learn more about working with her one-on-one to build your practice with ease instead of overwhelm, go to dinacataldo.com/strategysession.

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