Top "When You Need to Win" Videos of 2024: Season One Review

This year, I started a video series called “When You Need to Win” to share trial and litigation tips I’ve learned from trying nearly 30 cases before judges and juries. The main series is designed to offer practical advice for litigators to succeed in the courtroom—whether you're a seasoned trial lawyer or just starting out. The “in-house” version shares tips for in-house counsel to manage the challenges of guiding their internal and outside teams through complex litigation.

I want to thank you for following along with the series. It’s been exciting to get such positive feedback about the videos and to connect so many interesting people. As we move into Season 2 of the series, here are links to some of the most impactful episodes from Season 1:

1. Treat the Judge’s Questions as a Gift

• Key Takeaway: Judge’s questions show you what matters most to them. Answer them immediately and fully—otherwise the judge will assume the most damaging answer applies.

2. The Golden Rule of Video Depositions

• Key Takeaway: When you play deposition clips at trial, follow the golden rule: use only the gold. Play the most impactful parts of the deposition and cut the rest.

3. The Company Witness Deposition is Day One of Trial

• Key Takeaway: Avoid giving your opponent sound bites that can be used against you at trial by preparing company witnesses as though their deposition testimony is the first day of trial.

4. Don’t Give the Jury All the Details in the Opening

• Key Takeaway: Make the opening engaging and memorable by telling a high-level and powerful story and then fill in the details during your case-in-chief.

5. Chase Down an Evasive Witness (Part 1, Part 2):

• Key Takeaway: Use escalating attacks during trial and deposition to get witnesses to answer your questions or demonstrate their evasiveness.

Thanks again for following the "When You Need to Win" series. I invite you to watch these top episodes and follow along for Season 2. Which tips have you found most useful in your practice?