The Art of Outsmarting
Trial Skills Masterclass with Keith Mitnik
Keith Mitnik is a Senior Trial Lawyer for Morgan & Morgan. He has obtained a long list of verdicts in excess of a million dollars. In the last few years, he has had jury verdicts ranging from $1 Million to $90 Million. In this series, Keith shares his cutting edge lawsuit strategies and tips for success in the courtroom.
Winning from the Beginning: Opening Statements
Keith Mitnik dives into the fundamentals of crafting compelling opening statements. Learn important strategies for “winning at the beginning” by developing opening arguments that clearly present their side of the facts and expose the defense’s conclusions.
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Winning from the Beginning: Voir Dire Strategy
In this episode, learn important strategies for “winning at the beginning” by employing bias-busting techniques that set the stage for a fair trial.
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Building the War Chest: Turning Discovery into Trial Power
Turn the “workup phase” into a winning strategy by earning how to protect clients from costly deposition mistakes while building a war chest of evidence that boosts case value.
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Bodyguarding while Charging: Strategic Mediation Mastery
In Season 4’s premiere episode, Keith Mitnik and new co-host Jennifer Rosinski reveal how to approach mediation with a “bodyguard” mindset — protecting your client while pushing the case forward. Learn how to shift power dynamics, reframe facts, and use timing to your advantage.
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Preemptive Persuasion: Transforming Weaknesses into Compelling Plaintiff Narratives
Keith covers top issues he’s encountered and how he's dealt with them. From addressing unfair surveillance and gaps in treatment, to the order of witnesses, it’s about translating fundamental knowledge into good jury communication.
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Pen, Paper, & Power: Outsmarting the Defense with Simple Visuals
Discover the latest tool in Keith Mitnik’s trial arsenal: drawing pictures and diagrams for the jury. A simple sketch can cut through the confusion, clarify key points, and leave a lasting impression on the jury. Learn how Keith uses visuals to reinforce credibility, dismantle the defense, and make his arguments impossible to forget.
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Invisible Pain, Visible Justice: Mastering Non-Economic Damages
Discover the latest strategy in Keith Mitnik’s personal injury case arsenal: effectively explaining non-economic damages.
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Crafting The Language of Your Case: Closing Arguments
Watch this masterclass on closing arguments with top trial attorney Keith Mitnik as he shares his proven strategies for utilizing language to effectively dismantle the defense’s narrative and inspire jurors to take action.
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Crafting The Language of Your Case: Opening Statements
Keith Mitnik and Will Lewis reveal the secrets of using the right language to craft winning opening statements. Choosing your words carefully during opening statements will convey the desired message and evoke specific emotions in the jury.
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Caseworth by Keith Mitnik
Use our free Caseworth evaluation service to determine the value of your catastrophic or commercial case. Led by top trial attorney Keith Mitnik, our process leverages extensive data on past verdicts and settlements. Eligible cases must involve over $50,000 in medical bills and significant injuries
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Strengthen Your Closing Statement With Context
Keith Mitnik continues his discussion of providing context; this time digging into his closing strategies.Your closing arguments are an enormous opportunity to secure a positive verdict for your clients. Those final moments are your last chance to provide the jury withcontext so they can use it during deliberations to change the minds of biased jurors.
Powerful Packaging Toolbox: Provide Context
Providing context is an integral part of a winning legal strategy. In this episode Keith Mitnik shares his tools for creating an understandable and successful narrative for the jury to understand your case, from opening statements to closing arguments.
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Powerful Packaging Toolbox: Part 2
In this episode, Keith discusses his groundbreaking approach for effectively educating the jury: from recognizing the flaws in the defense's arguments to understanding that expert opinions are subjective, not immutable facts.
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Powerful Packaging Toolbox: Part 1
Hear the initial strategy Keith deploys to identify and expose the flaws in any defense’s case: education. As he breaks down the first part of his Powerful Packaging Toolbox, you’ll learn different ways to communicate to the jury, helping them better understand the case and expose the flaws themselves.
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New Processes for Difference Makers
From a jury selection in Mississippi to 2 AM emails, hear a breakdown for a five-step mental and tactical framework for winning your case (and having fun while you’re at it).
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Providing Proper Perspective
Listen to hear Keith’s tips for shifting the jury’s perspective to achieve the verdict your client deserves.
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Using "I hate myself" Lists
Keith discusses his method for ensuring that no key points are left out during trial. Learn how to use “I’ll hate myself” lists, every time you reach a “points of no return."
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Finding Out About Feelings Against Human Damages
Keith explores additional insights for eliminating bias during jury selection, and provides specific questions and tips for approaching different attitudes in various locales.
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Why Damages Are So Susceptible to Bias
This is Keith Mitnik's deeper take on bias. Amongst other related issues, he discuses how to remove bias from the valuation process as well as ways to eradicate resistance to acknowledging bias.
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Why it Doesn't End with Pain
Keith defines ‘suffering’ and the mental fallout from pain and discusses calculating the value of suffering and how negligence and a dismissive defendant impacts suffering.
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Telling the Real Story of Pain
From describing pain as a ‘thief’ to the size of the pain relief medication market, Keith Mitnik dives into the playbook he’s developed for explaining the impact of pain in a manner that a jury can appreciate.
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Why Negligence Is More Than An Accident
Keith Mitnik shares his approach to defining negligence and the civil law system for juries. In this episode Keith discuss how to address the common defense that, “accidents happen” and how to reframe perceptions of personal injury awards.
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Explaining the Importance of Civil Justice
Keith discusses how to tackle public misconceptions of personal injury cases. While exploring the criminal justice system's limits, he discusses avoiding a negative bias during jury selection and imparting the value of their role to jury members.
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Persuading Through Listening
Keith explores how understanding different sides of an argument can build strong cases and lead to peaceful resolutions. By stepping into opposing counsel’s shoes, and building arguments that address the defense’s perspective, you can change the outcome of a case.
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More Than Meets the Eye
Keith explores how to build an effective argument when there is more to the evidence than meets the eye. Join to hear how thoughtful analogies and accurate language can disprove false equivalencies.
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Stand Your Ground
Keith discusses a framework for problem-solving that extends beyond the courtroom. He explores how to stand your ground when a seeming obstacle can actually strengthen a client’s claim. Learn how reexamination of baseline, reserves, and coping abilities can shift perspective.
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Resurrecting Recognizable Phrases
Keith explores the psychology behind using familiar sayings to make pivotal points in ways that stick. His theory is based on the idea that people embrace old adages from their childhood that bring conversational comfort, making the speaker seem trustworthy.
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Creating the Language of Your Case
Keith teaches his secret formula to harness the power of words to communicate, convince, and persuade. He believes that we are all wordsmiths, and the better we become at our craft, the more successful we will be in the courtroom.
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