
Behind The Trial
Podcast af Benchmark Litigation, and produced by The Hangar Studios, NYC
How do the most celebrated trial lawyers of our generation convince 12 strangers? What are their secrets of persuasion and tricks of the trade? "Behind the Trial" will take you to the front lines and reveal how it all works when lives, fortunes, and reputations hang in the balance. Presented by Benchmark Litigation in association with McKool Smith, the Behind the Trial podcast series features in-depth discussions with the nation’s most iconic trial lawyers. Behind the Trial captures the unique voice and style of each trial star by covering their best practices for presenting to a jury or judge, pitfalls to avoid, and the art of persuasion.
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12 episoder
Sam Franklin is a partner of Lightfoot Franklin & White, the Birmingham, Alabama litigation boutique he co-founded in 1990. Franklin has devoted himself to trying cases since the earliest days in the practice, cutting his teeth on small local cases and working his way to the level of the bet-the-company cases he is best known for and still tries today. A dyed-in-the-wool all-purpose generalist, over the course of his 40+ year career Franklin has triumphed in groundbreaking cases (in class and individual actions) that have been as novel as they have been varied and have often set legal precedent. A fellow of the American College of Trial Lawyers, Franklin is revered not only by a near-unanimous number of Alabama peers but is also recognized nationally. Franklin is also a noted authority in appeals as well as trials, and his prowess in this specialty has also forged new law in Alabama. Far from content to rest on his laurels after nearly 50 years in the practice and revel in his star status, Franklin not only continues to try cases today but also imparts his wisdom on younger lawyers at his firm.

Episode 10 of Behind the Trial features an interview with Mike McKool. As chairman and a founder of McKool Smith, Mike is largely responsible for creating what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” Established in 1991, the firm has amassed 21 VerdictSearch “Top 100 Verdicts” – more than any other law firm. Mike’s rigorous case preparation, formidable courtroom skills, and superlative record place him among the nation’s most prominent trial lawyers. In his 45-year career, he has tried more than 100 jury trials and developed an enhanced understanding of the psychology that governs how juries decide cases. His clients have included a “who’s who” list of innovators and industry leaders – [beat] American Airlines, Alcoa, Ericsson, and legendary music producer Quincy Jones, among many others.

Episode 9 of Behind the Trial features an interview with Beth Wilkinson, one of the most accomplished trial lawyers in the country. Beth began her legal career in the United States Army's Judge Advocate General Corps and continued her pubic service in the US Department of Justice. First as Assistant U.S. Attorney for the Eastern District of New York, she eventually became principal deputy of the Department's Terrorism and Violent Crime Section where she successfully prosecuted the Oklahoma City bombers. She was awarded the Attorney General’s Exceptional Service Award on two separate occasions, an unprecedented accomplishment. Beth is a frequent speaker and has received accolades for her work as a litigator in high-stakes matters representing companies such as Pfizer, Bayer, Major League Baseball, Philip Morris, and Microsoft. Beth has been named to Benchmark Litigation’s annual Top 100 Trial Lawyers and Top 10 Women in Litigation on multiple occasions.

In episode 8 of Behind the Trial, we speak to giant of the trial bar, Gary Naftalis. Gary heads the litigation department and serves as firm co chair at Kramer Levin Naftalis & Frankel in New York. Known for his defense work on high stakes civil, criminal and regulatory matters, Gary went Behind the Trial to share the secrets of his success in the courtroom. Recognized by countless publications for his skills as a trial lawyer Gary received a Lifetime Achievement Award from Benchmark Litigation in 2014. In this interview, Gary explains how authenticity is the key to success in jury trials and promotes pro bono work as a way to gain experience for younger litigators. He also says that the decline of jury trials in America is bad for the country, and something we should all be worried about as good citizens.

Episode 07 of Behind the Trial, co-presented by the trial firm of McKool Smith and Benchmark Litigation, features an interview with Diane Sullivan of Weil, Gotshal & Manges. Diane is considered one of the most prominent trial lawyers, having secured high stake defense verdicts for Johnson & Johnson, ESPN, GE, Merck, and Philip Morris, among others. Diane went Behind the Trial to share her unique experience arguing cases on behalf of pharmaceutical companies in product liability and antitrust matters. She reminisced about her upbringing in New Jersey, where competitive sports helped prepare her for the courtroom and taught her the importance of winning...and losing. Diane also dived deeper on a variety of topics including the underrepresentation of women in the trial bar, the use of mock trials in shaping strategy, and the decline of the jury trial in America. In this episode of Behind the Trial, learn how Alice in Wonderland images played a role in one of Diane’s high profile wins, the importance of being 'within striking distance' before closing argument, and how Grey's Anatomy brought her team together during late nights prepping for trial. Behind the Trial. Listen and learn from the trial masters.
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