“Being a defendant,” says leading defense lawyer Chris Beeman, “one of the benefits of getting to trial is that the plaintiffs do go first, so it gives the defense time to continue getting organized.” And being organized is critical, Chris says as he reflects on lessons learned from his 65 jury trials. In this conversation with host Kevin Morrison, Chris also discusses transitioning from liability to damages arguments, using technology effectively, and advancing careers through mentorship. Tune in for more wisdom from this member of the “Big Four” invitation-only trial organizations: American Board of Trial Advocates, International Society of Barristers, International Academy of Trial Lawyers, and American College of Trial Lawyers.
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☑️ Chris Beeman
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☑️ Kevin Morrison | LinkedIn
☑️ Altair Law
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born. Welcome to Verdict Academy,
Speaker:preserving trial wisdom for trial
lawyers. Join host Kevin Morrison,
Speaker:trial attorney in San Francisco,
Speaker:as he recreates those invaluable hallway
conversations that remote work has made
Speaker:rare.
Speaker:Candid insights and hard-won lessons
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Speaker:Hey everybody. Welcome to another
edition of Verdict Academy.
Speaker:I am beyond thrilled, grateful,
Speaker:and happy to have esteemed national
trial attorney Christopher J.
Speaker:Beaman join us today. And not only is
he an esteemed national trial attorney,
Speaker:he's also my very good friend.
So thanks for joining us, Chris.
Speaker:Happy to be here. Can't
wait to get going here.
Speaker:Well,
Speaker:I need to tell the audience about all
your awesome accolades for just a minute
Speaker:or two because there's so
many. It may take me a moment,
Speaker:but Chris is a member of
what I call the Big Four,
Speaker:which is the four invitation-only
elite trial organizations,
Speaker:which consists of ABODA, ISOB,
the Inter Society of Barristers,
Speaker:the International Academy
at Trial Lawyers, and of
course the American College.
Speaker:And Chris, not only is he a
member of those organizations,
Speaker:usually a leader of them. For example,
Speaker:he led our San Francisco chapter
as president a few years back.
Speaker:He was the National Aboda
Foundation president two years ago?
Speaker:I think so. 2023, right?
Speaker:There you go. Two years ago.
Speaker:And raised a record amount
of money for the foundation,
Speaker:which helps funds all of
his educational programs,
Speaker:which is so important to
preserve the Seventh Amendment.
Speaker:He has been awarded our
chapter's highest honor,
Speaker:which is the Don Bailey Civility Award,
Speaker:along with his best bud and our
mutual friend, Rich Schoenberger,
Speaker:a couple years ago. He teaches in lectures
and tradvocacy across the Bay Area.
Speaker:He's also an awesome person. He's
a great cyclist, great swimmer,
Speaker:and has a terrific family.
And if you don't like Chris,
Speaker:you're going to love his wife, Jill,
who's become my friend too. So welcome,
Speaker:Chris Beaman.
Speaker:Yes. Looking forward to catching
up with you, Kamo. Oops,
Speaker:there goes your nickname.
Speaker:Whoa. Oh, no. Catch out
of the bag. By the way,
Speaker:I was looking at your CV
or your bio this morning,
Speaker:and I thought I knew you pretty well,
Speaker:and I was shocked to learn that you
were on the dean's list in law school.
Speaker:Are you sure they got the right grades
and the right transcript matched up with
Speaker:the right name?
Speaker:So let the ripping begin at the
outset of our podcast. Yes, I did.
Speaker:I went to Santa Clara, which I
really enjoyed going to school there.
Speaker:It was an awesome place to go to law
school after I came out here from the
Speaker:Midwest. And there must have been
lower standards then because yeah,
Speaker:I was a pieceless guy.
Speaker:So Chicago boy, born and raised Chicago,
Notre Dame, big fighting Irish fan.
Speaker:And then you moved out to Santa
Clara to go to law school.
Speaker:What brought you out to California?
Speaker:Well, it was chasing a
woman, was short-lived,
Speaker:but it's interesting how I rounded out
my education with a Jesuit law school.
Speaker:And again, I just can't say
enough about Santa Clara.
Speaker:I think I've hired about 30 or 40 lawyers
from Santa Clara since I graduated in
Speaker:1985, but I went to a Dominican high
school in Chicago, Fenwick High School.
Speaker:And then Notre Dame is a Brothers of
the Holy Cross College. And of course,
Speaker:Santa Clara is a Jesuit institution.
Speaker:So I have the trifecta
of Catholic education.
Speaker:And if that counted for anything,
I might be able to get into heaven,
Speaker:but I think I got an uphill battle there.
Speaker:I think you missed the Franciscans,
Speaker:but there's always a chance in the
future to get involved somewhere.
Speaker:Let's get into the meat of the podcast.
Speaker:And the podcast is designed basically
for younger trial attorneys to hear from
Speaker:the veterans and what they need to
know for trial because as you know,
Speaker:there are fewer, fewer trials these days
are more expensive, harder to get out.
Speaker:And we've had the benefit and certainly
you have of how many cases have you
Speaker:tried to vertic, Chris?
Speaker:I think somebody just asked
me that yesterday, and I
think I've tried about 65.
Speaker:I've tried cases with multiple plaintiffs,
Speaker:so I've tried cases brought by
more than a hundred plaintiffs,
Speaker:but the actual lawsuits are
probably around 65 jury trials.
Speaker:It's been a good run.
Speaker:It's something that I know we're going
to get into that I think is worth saying
Speaker:at the outset is that even
having tried that many cases,
Speaker:there's still a great
deal of energy, anxiety,
Speaker:and not fear,
Speaker:but the preparation for trial and the
buildup to trial still brings a lot of
Speaker:excitement after all those trials.
Speaker:And that's kind of one thing that
keeps lawyers at our age and grade
Speaker:going because it's still
a great competition and
still has a lot of thrill to
Speaker:it, I would say, even
after all these trials.
Speaker:You're definitely a competitor
and you're a national storyteller.
Speaker:What drew you to trial law? What made
you think, you know what, this is for me?
Speaker:Well, kind of going back to Chicago,
Speaker:I first was introduced to
the practice of law one.
Speaker:I worked at a big law firm in Chicago.
Speaker:It's called Kirkland and Ellis.
And I worked there in the summer,
Speaker:I was a runner, so I basically worked
in the mailroom and it was really cool.
Speaker:I saw a little bit of behind the
scenes stuff. I delivered documents.
Speaker:This was way before fax or email or
anything else and kind of got to at least
Speaker:see the behind the curtain stuff
that was going on at that law firm.
Speaker:And it was intriguing enough for me to
think, huh, that would be kind of cool.
Speaker:And I went to undergraduate in Indiana
and decided that it would be good to
Speaker:spread my wings a little bit and move
away from the Midwest to try law school.
Speaker:So as I mentioned before,
Speaker:I came out here in the early
80s to Santa Clara. I really,
Speaker:really enjoyed the torts class.
Speaker:I think that might've been the
first class I ever attended.
Speaker:And the professor was Alan Sheflin,
who's a really interesting guy,
Speaker:great storyteller, and
made it really interesting.
Speaker:So I kind of immediately engaged and
tore it. I loved some other courses,
Speaker:including, believe it or not,
Speaker:I love civil procedure and evidence
were two other great courses.
Speaker:So I started to see I didn't have a love
for trust in estates and didn't find it
Speaker:interesting and thought
wills was really boring.
Speaker:And I eventually got into
moot court and thought,
Speaker:this is fun because now we're going at
it just like playing basketball against
Speaker:my friends growing up and whatever
else we did to stay occupied.
Speaker:But the competition part of it definitely
was what really drew me because I
Speaker:always say life is a competition. I mean,
Speaker:just about everything we do is a
competition. And this was a way to make a
Speaker:living while also competing
and hopefully winning.
Speaker:That's always more fun than losing.
Speaker:So that's how I got drawn into
this trial work that we do.
Speaker:And you've been with the same firm
your whole career, right, Clap Maroney?
Speaker:I have. I'm not sure if that
makes me smart or stupid,
Speaker:but it's been good to me. I've got some
great opportunities as a young lawyer.
Speaker:And one of the things about our firm is
that we do trial a lot of cases and we
Speaker:do have ... It's kind of a
great avenue to get into trial.
Speaker:Started out doing insurance defense work
and still that practice really carried
Speaker:me through 30 years or so until I
started to do other things that were
Speaker:tangential to being hired
by our insurance companies.
Speaker:But that's a really great way for young
lawyers when you're coming out of law
Speaker:school.
Speaker:The two places that you can almost be
guaranteed to try cases are the district
Speaker:attorney's office, public defender,
insurance defense firms, they try cases.
Speaker:And obviously plaintiff's
firms like yours like Alterra,
Speaker:which is a great firm that
I have a lot of respect for.
Speaker:Yeah, it is hard to get out to trial.
Speaker:So we're focused on things that help
trial tips basically to help the younger
Speaker:lawyers. I'm a big rule of three guy.
Speaker:And so you've got three topics that
you picked out and the first is trial
Speaker:preparation.
Speaker:What do you want younger trial attorneys
to know about trial preparation
Speaker:generally and how do
you prepare for trial?
Speaker:Well, that's kind of a broad topic,
Speaker:but I did think that that
was worth talking about
because one thing that you'll
Speaker:hear over and over again from
a jury, from jurors afterwards,
Speaker:because when you finish a trial,
Speaker:usually the judge gives the lawyers an
opportunity to interact with the jurors
Speaker:if the jurors are willing
to stick around and talk.
Speaker:And something that jurors are usually
complimentary about is when the
Speaker:lawyers that are in the courtroom are
prepared because it's really amazing how
Speaker:some aren't. I guess that's one
of the things about competing.
Speaker:You want to be ready for the game.
You want to be ready for the trial,
Speaker:obviously, but it's a long process
and it really needs to start early.
Speaker:So I thought if we spent
some time talking about that,
Speaker:and I'd love you to chime in and tell
me what the plaintiff's side does,
Speaker:because I think there's certainly some
distinction between the way we approach
Speaker:these cases.
But being a defendant,
Speaker:one of the benefits of getting to trial
is that the plaintiffs do go first.
Speaker:So it gives the defense time
to continue getting organized.
Speaker:I think we were joking around about
this recently where when it's a defense
Speaker:case,
Speaker:the plaintiff has to worry about all
the witnesses and all the stuff upfront,
Speaker:and the defense lawyer gets
to kind of watch it unfold.
Speaker:And obviously there's a lot to do
with cross-examination and such,
Speaker:but it's still,
Speaker:you get to kind of lie and wait a
little bit for your side to come.
Speaker:But going back to the prep for trial,
Speaker:I think people all have heard by now
many times that the first thing or one
Speaker:of the very first things you need to do,
Speaker:which is both practical and also helps
guide what you're going to do with
Speaker:the defense of the case is to look at
the jury instructions. And it's really,
Speaker:I work up cases now with
partners and associates.
Speaker:So usually there's a collaboration
and the team approach to this.
Speaker:I still always do the jury instructions.
Speaker:Even though my partners
could do a great job on them,
Speaker:I really like to do them
so that I'm thinking about
what's going to be important
Speaker:to develop in the case. So that's pretty
simple, but if you go right to Casey,
Speaker:if it's a premises case,
Speaker:you remind yourself what the elements
are and what potential defenses you have
Speaker:about notice.
Speaker:And it's really a good way to kind
of engage early as looking at the law
Speaker:and thinking about how you're going to
prove your affirmative defenses or defeat
Speaker:the effort by the plaintiff's lawyer to
submit evidence that's going to support
Speaker:their case. So that's a
really basic principle,
Speaker:but I think it's really important to do
that. And I don't open a casey as soon
Speaker:as a case comes in,
Speaker:especially because some of the cases have
common themes or at least common fact
Speaker:patterns that you can rely on your
historical knowledge to get going on,
Speaker:but eventually you crack
that casey and say, okay,
Speaker:which of these instructions is
going to be important in this case?
Speaker:And the use notes too, I tell my
younger that the use notes are huge,
Speaker:so important.
Speaker:Right, totally.
Speaker:It's funny because that always comes
up when we're arguing whether the
Speaker:instructions are applicable or
whether the judge is going to give the
Speaker:instructions. So I have to admit,
even though, as you noted earlier,
Speaker:I was on dean's list,
Speaker:I don't always read the use notes
until we get right into the chambers
Speaker:conferences about giving
instructions. But that's one,
Speaker:I think the instructions are a great way
to get the roadmap for what you need to
Speaker:get going on in the case. The
other things, these are, I think,
Speaker:fairly basic ways to approach
getting ready for trial,
Speaker:but putting your team
together is really important.
Speaker:And I do try to have consistency
in the people that are helping me
Speaker:with discovery. And I'm very
fortunate. I've worked with my friend,
Speaker:Kevin Dessler, who's paralegal in our
office for almost my entire career,
Speaker:in fact,
Speaker:for my entire career. So we have a very
good system about getting organized.
Speaker:What's his email address?
I could use somebody.
Speaker:Yeah. He is not available, I
hope, if he ever listens to this,
Speaker:but he's always been a great support. I
think we've tried every case together.
Speaker:I can't think of a single one.
Speaker:And that's really helpful
from a comfort standpoint
Speaker:and from a just routine standpoint.
Speaker:Just like getting a jury consultant,
Speaker:you and I were talking to one of the
jury consultants that you used just a few
Speaker:weeks ago at the Altair party,
Speaker:and she was actually highly complimentary
of Kevin Morrison's ability to pick a
Speaker:jury, which was, I
thought, impressive event.
Speaker:I have paid her a fair amount
of money with you, but yeah.
Speaker:I try to engage a jury
consultant early if,
Speaker:depending on the exposure and the
expenses and the client's authority to do
Speaker:that,
Speaker:which is something the defense has to
deal with probably a little bit more than
Speaker:the plaintiff's side of things because
we have to ask for permission for a lot
Speaker:of stuff and get our client
to commit to paying it.
Speaker:That's another important
cog for me because jury
consultants obviously have seen
Speaker:lots of different kind of cases and can
help with themes and certainly with the
Speaker:selection of the actual jury, which
I think we're going to talk about.
Speaker:But putting together a team and
hopefully having a cohesive team that
Speaker:communicates regularly about what
needs to be done to get the case ready,
Speaker:that's a very useful tool to have. And
getting the cases ready themselves,
Speaker:once you have your team lined
up and you understand the law,
Speaker:then you have to conduct the discovery,
Speaker:which I think is probably a whole other
chapter that we don't need to go in
Speaker:today.
But how you start with the discovery,
Speaker:whether you take the plaintiff's
deposition early or later,
Speaker:depending on if it's a TBI case where
maybe the plaintiff will get better over
Speaker:time and you want to wait.
Speaker:Or when the IMEs are done and you have
plaintiffs examined by different kind of
Speaker:medical professionals, that all
depends on where the case is,
Speaker:who the plaintiff's lawyer
is, where it's venued,
Speaker:all those factors that really kind of
impact how you're going to prepare the
Speaker:case. And let's face
it, most cases settle.
Speaker:So you're preparing the case for trial
with the likelihood that it's going to
Speaker:resolve.
Speaker:But I think it almost goes without saying
that if you don't prepare a case for
Speaker:trial, then it will go to trial.
Speaker:100%. 100%. Yeah. On trial prep,
Speaker:I'm going to get to jury selection in
a second. I'm glad you made that segue,
Speaker:but you parachute in a lot of cases,
Speaker:which means the case is worked up on
their firm and the defendant says,
Speaker:"You know what?
Speaker:We want an actual trial attorney
to this case." You get the case,
Speaker:so it's in the box, right? A
lot of the depths are done,
Speaker:maybe expert discovery's done.
Speaker:What do you want to see first
when you're parachuting in a case?
Speaker:Well, chewing somebody else's
gum is usually uncomfortable,
Speaker:but it is something that we do often.
Speaker:And sometimes you get a case
that's in great shape and you go,
Speaker:"These are all the questions I need in
this expert deposition." And sometimes
Speaker:you get a case where the
expert depositions aren't
even taken yet or it's too
Speaker:late to take them.
Speaker:So there's all a great variety
of what kind of shape the file is
Speaker:in. It's funny,
Speaker:and I want to say the plaintiff's
lawyers are able to be a little bit more
Speaker:selective typically in which client
they're going to accept than defense
Speaker:lawyers. I mean, that's not always
true, but I think as a rule of thumb,
Speaker:it does seem to work that way. So
if we're parachuting into a case,
Speaker:usually it's because there's
some desperation or some
lack of confidence or some
Speaker:problem. So that can be a
little unsettling, but you
go in blind. So you say,
Speaker:"Sure, we'll jump in.
Speaker:" And then you get into file and you
look at it and you go, "Holy shit,
Speaker:what have I done? Why did we do this?
Speaker:" But what we're looking
for there, I mean,
Speaker:you always have to start with
the plaintiff. You really want,
Speaker:especially hopefully it's
videotaped deposition,
Speaker:and you can get a real feel for how that
person is going to come across to the
Speaker:jury because I mean,
Speaker:I think the most important things when
you're evaluating or trying a case are
Speaker:easy to recognize. One is
who's the plaintiff's lawyer?
Speaker:And I always look at the pleadings
immediately to see if I recognize the
Speaker:plaintiff's lawyer. And if so,
Speaker:whether he or she is a trial lawyer or
somebody who maybe doesn't try cases,
Speaker:because that'll affect certainly the
settlement value and also how you approach
Speaker:the case. The other thing that I've
mentioned already is eyeballing the
Speaker:plaintiff is critical to
understanding what you're going to do.
Speaker:Is it somebody the
jury's not going to like?
Speaker:Is it somebody the jury will think
is embellishing or not being accurate
Speaker:with the facts?
Speaker:And you can get a little bit of a sense
for that just by watching the video
Speaker:deposition, body language, their
demeanor. So that's, I think,
Speaker:a real critical place to start.
Speaker:The other thing that's obviously important
in terms of what's going to happen in
Speaker:trial is who's your judge? Have you
been in front of the judge before?
Speaker:Is it a judge that
you're comfortable with?
Speaker:Is it too late to challenge
the judge, which usually it is.
Speaker:But those are the things
that we're looking at when
we first put our toe into a
Speaker:case that we're parachuting in to try.
Speaker:Got it. So let's move to jury selection.
Speaker:We talked a little bit a little already.
Speaker:Is this the most important single part
of trial to you picking the jury? I.
Speaker:Think it is because what you're doing
is you're creating the audience for your
Speaker:narrative.
Speaker:So you're looking for an audience that
is receptive to your story or at least
Speaker:that will be fair. So it's a
process that, and I know you both,
Speaker:you really like this too.
I think this is probably,
Speaker:I guess lawyers like different
things. I love cross-examination.
Speaker:I really love closing arguments, but
my favorite part is jury selection.
Speaker:And I think we both have said
getting to know jurors is an
Speaker:enjoyable process. It doesn't
always go the way you want it to.
Speaker:You mentioned Rich Schoenberger,
Speaker:who's somebody that we
both admire and like a lot.
Speaker:And I'll talk about him
for a second because I've
watched him pick a jury and he
Speaker:has a remarkable memory. He's very,
Speaker:very good with the names of the
jurors without looking at notes.
Speaker:He's just got the ability to kind
of capture that. And his style,
Speaker:which I think this is the style
that works for most of us,
Speaker:I think you and me and Rich for sure,
Speaker:is to have a conversation
with the jury and to feel what
Speaker:they're feeling.
Speaker:That is really to get to understand
how they're seeing general
Speaker:concepts of the law. And it is a
little bit of a delicate balance.
Speaker:We're kind of towing the
line on explaining some of
the facts because we can't
Speaker:get them indoctrinated
too much to the facts,
Speaker:but we do want to talk about those.
Speaker:So that's a process that I don't
know if it comes naturally. Oh,
Speaker:I meant to say this is what I
was going to say about Rich.
Speaker:He actually practices his jury selection,
Speaker:which I think is really interesting and
has people when he's working with a jury
Speaker:consultant,
Speaker:they have a panel and he actually
goes through different responses or
Speaker:reactions to what people tell them,
Speaker:which I think is a really interesting
and kind of novel for me at least way to
Speaker:do that. That's not something
that I do. Do you do that, Kamal?
Speaker:I do actually. If I'm rusty, meaning
if I haven't tried a case in a year,
Speaker:I like to do a mock pick and
an opening with 12 to 15 people
Speaker:in a focus group type situation. It
just gets the rest out. And yeah,
Speaker:I think it's really helpful.
Speaker:Yeah, that's it. I'm learning something
from this podcast by listening.
Speaker:I am intrigued by that,
so maybe next time around.
Speaker:I've never not learned something. I
mean, just the phrase of something,
Speaker:or I've always learned
something that's always ...
Speaker:It's a pain in the butt because it's
the weekend or two before trial.
Speaker:You're busy as hell. You got all
these motions and other, the garbage,
Speaker:as I like to say, the
minutia, the distractions,
Speaker:but it is so critical and I think it
is the most important part of trial.
Speaker:And I always learn something
and improve our chances.
Speaker:Second to jury,
Speaker:do you just want to figure out if they're
a leader where if they're open to the
Speaker:defense case?
Speaker:Because the plaintiff's attorney gets
to go first and maybe you spend an hour
Speaker:with them and let's assume
that plaintiff's attorney's
a good guy or a good
Speaker:person has made a decent impression.
So you get up and now you get to go,
Speaker:which is a challenge.
So what are you looking for?
Speaker:Are you kind of going off what the
bad answers from your perspective are?
Speaker:Are you just trying to make sure
they're open to hear two sides?
Speaker:What are your goals in jury selection?
Speaker:Well, first I want to plug my jury
consultant, Andrew Walker from Cogent.
Speaker:And I've worked with them for
about 10 years or maybe more.
Speaker:And we have a good system with, I think
he's extremely organized, very helpful.
Speaker:They do great background and
social media searches and such on
Speaker:the veneer. And I think I said
the right word. Sounds good to.
Speaker:Me. Jury panel? I call it jury panel.
Speaker:Certainly since the pandemic,
Speaker:every case I've tried has
had a jury questionnaire.
Speaker:Do you like those, by the way?
Speaker:I do. I mean,
Speaker:it's more information and I
think it does make our voir dire
Speaker:more pointed because you can learn the
general stuff without having everybody
Speaker:tell you and you can read it.
Speaker:My figure on this real quick is people
are always going to be honest when
Speaker:they're by themselves
writing something down.
Speaker:But when you have to speak
in front of a big group,
Speaker:a lot of people just don't like doing
that and they'll shade their comments
Speaker:because they'll think, "Well, I better
not say this because he'll think this. ".
Speaker:I agree. And I think that
it is, you can find stuff.
Speaker:And this is when it's really helpful
to have a trial team because what we
Speaker:typically do is, the last case I tried,
I tried with my partner, Ashley Myers,
Speaker:and she's got her own unique perspective.
Speaker:She's younger than I am and obviously
comes from a little bit of different
Speaker:background. So we had our jury consultant,
Andrew, paralegal Kevin Dussler,
Speaker:and then my partner, Ashley and I,
Speaker:each reviewing the jury questionnaires
and everybody finds different things in
Speaker:the jury questionnaire. So that's
a huge organizational task.
Speaker:I was just in Marin County and
we were going to have two panels,
Speaker:which would've ended up
resolving, so we didn't do that.
Speaker:But staying organized in jury selections
is hugely important and critically
Speaker:important.
Speaker:And so what we're looking for is
obviously that's really one of your only
Speaker:opportunities to make a first impression.
Depending on whether you've done a
Speaker:mini opening, that would
be your very first.
Speaker:But if it's a statement
of the case that's read,
Speaker:then really jury selection's your
first chance to make an impression.
Speaker:So being organized is super important
because juries do not want to
Speaker:sit around watching a lawyer fumble for
a note card to figure out what he meant
Speaker:to ask juror number 12. So
that's really important.
Speaker:And that's why that's one of the huge
values of having a jury consultant that
Speaker:can keep you on track just with the way
they organize their charts and the color
Speaker:coded system of you go into
the selection with some rating
Speaker:system of the jurors that are out
based on their questionnaires,
Speaker:whether they seem like they're your kind
of a juror. And then what you're doing,
Speaker:you hit one of them as you're trying to
determine leaders and the strength of
Speaker:the juror and which tendency the juror
might be showing during the questioning
Speaker:process. And there are defense
profiles that we look for. Typically,
Speaker:it depends on the facts of the case
and who the plaintiff is, of course,
Speaker:but we're usually trying to find
jurors that fit into the slots that we
Speaker:like based on their background,
their education level, their income,
Speaker:their leadership. So I don't
think I've told any secrets yet,
Speaker:but that's kind of the way we approach it.
Speaker:And when you're picking a jury,
Speaker:are you yourself taking notes or
you relying on your team to do that?
Speaker:A little bit of both.
Speaker:I try not to take too many notes because
you can get distracted by doing that,
Speaker:but I take a lot of notes when the
judge is doing voir dire and when the
Speaker:plaintiff's lawyer is. I mean,
I'm listening and watching.
Speaker:That's when you get the follow-up
questions if you get to that point.
Speaker:And generally speaking, I always, and
I'd be curious to know how you do this,
Speaker:Kevin, but I always talk to the entire
... Usually it's a six-pack method,
Speaker:although that changes from
department to department.
Speaker:But whoever's in the
box or we're talking to,
Speaker:I try to talk to everybody
first as a collective global
Speaker:audience,
Speaker:and then depending on the patience
of the judge and the type of
Speaker:cases,
Speaker:I do try to at least introduce myself
and ask a question of each juror if that
Speaker:works. It doesn't always.
And in that case,
Speaker:then you just apologize that you're
not going to talk to them and hope they
Speaker:don't mind not being on the spot
when you're asking them questions.
Speaker:Yeah, same. I do think it's
important to talk to every juror,
Speaker:even if it's like Mr. Last person,
and judge just give me 30 seconds,
Speaker:is there anything you heard that leads
you to conclude that you might not be ...
Speaker:Just to give them ...
Speaker:Maybe that they know an uncle or
something happened that's dramatic,
Speaker:and every once in a while
it's like, "Oh yeah,
Speaker:I was a claims adjuster or my father was
killed." Or you learn something about
Speaker:somebody who's not talking, which
is huge. It can be a game changer.
Speaker:No doubt. All right.
Speaker:Last topic then is closing
argument. There's kind of
two views on this, I think.
Speaker:One is closing is, first of all,
Speaker:it's super fun to do as lawyers because
we like to get up there and start our
Speaker:stuff. But the jury's kind
of fried at this point.
Speaker:And so when you're giving a closing,
Speaker:do you think you can swing the
entire verdict at that point?
Speaker:Are you trying to throw out some
tidbits to your jurors to use?
Speaker:What is your strategy in closing argument?
Speaker:Well, again, being organized
is really important.
Speaker:So I hope I'm not overemphasizing
that, but particularly in closing,
Speaker:when typically the cases that you and I
try are long cases, they're complicated,
Speaker:they have a lot of issues. In your case,
a lot of times, a lot of plaintiffs.
Speaker:So the energy that you have at the end
of trial does begin to wane depending on
Speaker:how long you've been going at it and what
the schedule has been with the judge.
Speaker:But I do think that that's when
the adrenaline kind of kicks in,
Speaker:at least it does for me.
Speaker:And then the late nights to
get the PowerPoint together
and how to organize the
Speaker:evidence and the jury instructions,
because that's critical, I think.
Speaker:It's not a big trick,
Speaker:but I've never given a closing argument
without having a special verdict that I
Speaker:completed for and with the jury
because that's something new to them. I
Speaker:always try to get something new
going during closing because they've
Speaker:seen the evidence, they've heard
usually a lot of testimony.
Speaker:So if you can just refine the
important evidence to your case and
Speaker:present it in a way that
might be a little different,
Speaker:even if they might've heard
some important testimony,
Speaker:but if you can either replay
their deposition if that
was how the evidence came
Speaker:in or display on a screen the
actual text of their testimony
Speaker:so that that kind of comes to
life in a different way for them.
Speaker:Do you get dailies so you can throw the
trial transcript up there or what do you
Speaker:do with.
Speaker:That? It depends on the
case, honestly. I mean,
Speaker:it kind of depends on the exposure and
whether we have the ability to do that.
Speaker:I do sometimes do that. One thing I
wanted to say is that with technology,
Speaker:obviously people love to learn
by looking and seeing things.
Speaker:And that's how I learn myself. I'm
a visual learner, but in closing,
Speaker:I try to not get overtly tech.
Speaker:Low tech can just be just
as good as high tech,
Speaker:including I use whiteboard,
I use overhead projectors,
Speaker:I use Elmos.
Speaker:And you don't want to do too many
because that gets a little confusing.
Speaker:It's like juggling balls.
Speaker:But I do think that the tendency of people
to be married to their PowerPoint and
Speaker:closing is not a good trend.
Speaker:And I try to avoid that myself just
because as much as people like to look at
Speaker:stuff, I think it becomes
a little rote if it's all,
Speaker:everything's on a slide. So I try
to change it up into some of those.
Speaker:Mix it up, make them pass a
photograph around that kind of stuff,
Speaker:throw something up on a whiteboard.
Speaker:We're defense lawyers,
Speaker:I don't think I've ever tried a case
that doesn't have a timeline in it.
Speaker:We're very big on timelines,
Speaker:especially when there's medicine involved
or some gap of treatment or something.
Speaker:And the jurors I think really like
when you illustrate that as opposed to
Speaker:talking about it, when
you show like, okay,
Speaker:here's 2022 and here are the 10 months
where there were no complaints of any
Speaker:residual brain injury symptoms.
Speaker:And here's when you went to see Topher
Stevenson after that and all of a sudden
Speaker:had a brain injury. I think
those can be very helpful.
Speaker:Timelines are critical. We're
almost done. Believe it or not,
Speaker:I could talk to you all day
long and would love to do so,
Speaker:but let me ask you this question.
You got a tough liability case.
Speaker:Let's say it's a tossup.
You could defense it,
Speaker:but it's a huge damage case and the
plaintiff's attorney's got a big ask out
Speaker:there, $50 million suggestion
or whatever it is in closing.
Speaker:When you get up to close, you think
you've got a decent chance to defense it,
Speaker:but it is high exposure.
Speaker:Is it your general philosophy to float
a defense number as well after you argue
Speaker:the hell out of the liability
or do you just leave that alone?
Speaker:What's your general philosophy there?
Speaker:There's a sliding scale to my
answer for that. And that is,
Speaker:I think if you're ... First, I want to
back up and address one other thing.
Speaker:If there's a case of liability and
you're not going to win the liability,
Speaker:the decision you have to make is,
Speaker:should we concede that we're negligent
and just argue no causation or
Speaker:minimal damages?
Speaker:And that's a decision that we don't
take that very lightly because if you do
Speaker:concede it, obviously you can't argue
against it, but at the same time,
Speaker:you can really establish your
credibility by lying down on negligence
Speaker:if you're not going to win.
If you guaranteed not to win,
Speaker:then you can get the jury to see
how reasonable you are by not
Speaker:arguing it. In a tough liability case,
Speaker:you don't want to lose your credibility
on the liability piece of the case
Speaker:because that could impact whether they
believe what you're going to say about
Speaker:damages. So that transition is
always really difficult. I mean,
Speaker:almost every time I will go through
the special verdict and tell them
Speaker:why they should be answering no to all
these questions about negligence and
Speaker:causation and damages. And
then basically at some point,
Speaker:usually about three quarters
of the way through, say,
Speaker:"You might see the evidence entirely
different than the way we perceive it,
Speaker:and we will respect what your decision is.
Speaker:If you believe that damages
have been established,
Speaker:that there is negligence and causation,
Speaker:then let us give you another
perspective about what the damage is,
Speaker:what reasonable damages would be. "
So I pretty much always give a number.
Speaker:I mean,
Speaker:I don't think there's been too many cases
that I've said that the only thing you
Speaker:could do is give a defense verdict
because I think that's really risky.
Speaker:And then there's nothing in the juror's
mind about what does that guy think it's
Speaker:worth? And so you want to have an anchor
and you want it to be realistic at that
Speaker:point because you're going
up against somebody like you,
Speaker:you want to make the jury believe that
there are two sides to that story and
Speaker:they should hear them both.
Speaker:I'm glad I haven't had to try
a case against you because
those Pearly Whites are
Speaker:awfully dangerous with juries, as we
all know. Chris has a phenomenal career.
Speaker:Any parting words to our audience, Chris,
of wisdom for young trial attorneys,
Speaker:what they shouldn't do or what should
they focus on as they build their careers?
Speaker:Sure. Thanks for having me first.
Speaker:But also I would say the takeaways for
me are if you're on the defense side and
Speaker:you want to try cases, it's
really important you set
the cases up to get tried.
Speaker:And In other words, when you get close
to trial, don't change your evaluation.
Speaker:Don't say, "Oh, I need
more money," or, "Oh,
Speaker:my kids have a basketball game this
weekend and I don't want to work." You
Speaker:really do need to set the cases up and
tell your claims rep if it's an insurance
Speaker:case that what the exposure
is and don't waffle on that.
Speaker:I think you have to do
your part to get to trial.
Speaker:It's not going to be handed
to you. The other thing,
Speaker:and I'd highly recommend
this to all young lawyers,
Speaker:is make sure that you have a mentor
that is going to help you along in your
Speaker:career.
Go watch trials,
Speaker:beg people to get into chairs a second
trial or to take a witness or to do a
Speaker:mini opening. Because once you
stick your toe in the water,
Speaker:it's much easier to get in
and swim with the sharks.
Speaker:So you just got to get there by
setting the cases up for trial,
Speaker:participating in other people's trials
so you get the taste of it and you're off
Speaker:and running.
Speaker:Awesome. Wise words. Chris Beaman.
Thank you so much for being on.
Speaker:You're a great trial attorney.
Even better than that,
Speaker:you're a great human being
and a great friend of mine.
Speaker:Thank you for listening
to Verdict Academy.
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