The Jury Is Out
The Jury Is Out provides insight, experience, and mentorship to trial attorneys aiming to better serve clients and improve their practice. Hosted by John Simon, Tim Cronin, and Erich Vieth, the podcast covers client relations, trial skills, and firm management. It features nationally recognized guests and is produced by Simon Law, a firm known for obtaining over $1 billion in verdicts and settlements.
Episodes
EP 721: Deposition Tips Part 4: Your deposition prep is done. Now what?
Hosts Tim Cronin, John Simon, and Erich Veith cover how to read the witness, stay in control of the room, and shut down speaking objections. John opens with warm-up questions and shows a little interest in who the witness is. Tim tries to get an early laugh. Erich's rule: don't burn hours on the CV unless it matters, and he shares a story about a deposition where opposing counsel went back to an e
EP 720: Deposition Tips Part 3: Be the most prepared person in the room
What does real prep look like? Hosts John Simon, Tim Cronin and Erich Veith discuss re-reading the pleadings (even when you think you remember them), pre-running exhibits with the video tech, using your experts, and why AI can draft your outline but can't do your thinking. Plus: the "just damages" lesson John Simon learned the hard way in year one.
EP 719: Deposition Tips, Part 2: 12 Goals to Accomplish in Every Depo
Co-hosts John Simon and Tim Cronin move from style and brainstorming into the concrete goals attorneys should have walking into any deposition. As John puts it, if a deposition isn't accomplishing one of these goals, it may be worth asking why you're taking it at all. John and Tim break down the list of tips, from establishing the elements of your case and eliminating claims and defenses, to boxin
EP 718: Deposition Tips, Part 1: Style, Approach, and Brainstorming Before You Ever Ask a Question
Hosts John Simon and Tim Cronin dig into how to read a witness in the first 15 minutes, when to be deferential versus direct, and why walking in with a rigid game plan can cost you if you're not willing to throw it out in the first of a new multi-part series on deposition strategy. They break down what separates attorneys who simply gather information from those who use every deposition to activel
EP 717: When Experts Go Rogue & Meta Verdict Fallout
John Simon breaks down nine of the top 10 factors most likely to derail a case and how to handle them with Tim Cronin as guest host. Here’s a hint: Experts. They also examine the impact of recent social media–driven verdicts and discuss how a low rideshare verdict could influence similar cases moving forward in a good way.
EP 716 - The Jury Is Out: What Jurors Really Care About (A Father-Daughter Conversation, Part 2)
In Part 2 of this father-daughter conversation, trial attorneys John Simon and Mary Simon continue exploring what truly drives jury decision-making. Through real courtroom stories and side-by-side scenarios, John explains why a defendant's conduct, credibility, and character often matter as much as the injuries themselves. Together, they discuss why jurors don't simply calculate damages—they make
EP 715 - The Jury Is Out: What Jurors Really Care About (A Father-Daughter Conversation, Part 1)
This week's episode brings a unique dynamic to the mic as trial attorneys John Simon and Mary Simon—father daughter duo—sit down for an honest conversation about what jurors actually care about. Drawing on more than 41 years and over 100 jury trials, John shares the lessons experience has taught him while Mary asks the questions every trial lawyer eventually wrestles with.
EP 714 - Fines, Fees, and Civil Rights Part 2
Beyond exploring the civil rights victories attorney and professor Brendan Roediger has scored, the hosts dive into three themes of teaching the next generation in civil practice. Erich Veith, who co-teaches a Civil Practice course at St. Louis University Law with Roediger, walks students through a simulated case from initial client intake all the way to the eve of trial, noting it's where student
EP 713 - Fines, Fees, and Civil Rights Part 1
Find out how a defense theory that multiple women fabricated stories of sexual assault out of greed for settlement money collapsed under cross examination in this episode with Brendan Roediger, civil rights attorney and clinical law professor at St. Louis University School of Law. The episode covers a lot of Roediger's career, from the grassroots discovery of illegal warrant fees in St. Louis Coun
EP 712 - The Improv Advantage: What Trial Lawyers Can Learn from the Stage Part 2
This episode moves from the philosophy of improv into its specific mechanics and direct parallels to the craft of trial law. Guest Ashley Rube breaks down what she actually teaches: starting with being a great teammate, then building active listening, presence, and scene mechanics from there. The principle that your job is to make your scene partner look incredible reframes how Tim Cronin thinks a
EP 711: The Improv Advantage: What Trial Lawyers Can Learn from the Stage Part 1
Listen in as performers, teachers and corporate workshop facilitators from The Improv Shop in St. Louis explain how improv skills map directly into the courtroom, deposition room and any high-stakes conversation where the unexpected is guaranteed to happen. Hosts Erich Veith and Tim Cronin reflect with Ashley Rube and Ryan Myers on one of the most common failure modes they observe in young trial l
EP 710: The Amazonization of Liability Part 2
The hosts explore how other companies are engaging in Amazon’s Delivery Service Provider or DSP model to skirt liability for the actions of workers in the gig economy. Guest Johnny Simon tells host Tim Cronin Amazon is facing an existential question because these types of cases require attorneys to uncover unflattering evidence, including information about their profits and how they treat drivers.
EP 709: The Amazonization of Liability Part 1
The Courts are starting to recognize Amazon and other massive companies should be held liable for the actions of their agents or employees while they’re on the clock, despite their attempts at creating corporate structures to avoid liability in the gig economy. Simon Law Attorney Johnny Simon discusses the strategies he’s used to hold Amazon and other companies accountable with host Tim Cronin, wh
EP 708: Navigating Discovery Obstruction in Modern Litigation Part 2
From starting with clear, reasonable requests and meticulously documenting every interaction, to setting firm deadlines and escalating strategically, The Jury is Out outlines how to maintain control of the process. John Simon, Eric Veith and Tim Cronin highlight how persistent obstruction from opposing counsel can be turned into a powerful advantage in your case.
EP 707: Navigating Discovery Obstruction in Modern Litigation Part 1
The Jury is Out explores the growing problem of discovery obstruction in litigation, where routine requests are increasingly met with blanket objections. John Simon, Erich Veith and Tim Cronin discuss how this trend impacts day-to-day legal work, and practical strategies attorneys can use to push through resistance and keep cases moving forward.
EP 706: The Two Things That Can Blow Up Your Case
The Jury is Out hands this week’s episode over to The Case Doctors, John Simon and Alvin Wolff. With more than 80 years of combined legal experience, Simon and Wolff have seen it all—and now, they’re sharing their insights into real-world legal questions submitted by fellow attorneys. In this episode, the veteran plaintiff’s attorneys break down practical issues litigators face every day—especiall
EP 705: Secrets to Longevity, Sanity, and Success in Law
In this episode of The Jury Is Out, John Simon and co-host Erich Vieth explore what it really takes to survive—and thrive—in one of the most demanding professions there is: the practice of a trial lawyer. The conversation centers on practical, hard-earned wisdom for building a long, fulfilling legal career without losing your sanity or sense of humor. Whether you’re a young attorney just starting
EP 704- Meet the Case Doctors
The Jury is Out hands this week’s episode over to The Case Doctors, John Simon, and Alvin Wolff. With more than 80 years of combined legal experience, Simon and Wolff have seen it all—and now, they’re sharing their insights into real-world legal questions submitted by fellow attorneys. News of a corndog recall sparks hilarious memories for Wolff of a case he once handled. And attorneys ask the Cas
EP 703- Trial Wisdom From a Texas Legend
In this episode of The Jury is Out, Tim Cronin and John Simon pick the brain of Thomas R. Conner, a fourth-generation retired trail lawyer who spent 45 years fighting high stakes litigation in Houston. Tom shares practical trial preparation tips and what he believes young lawyers aren’t taught in law school about resilience, long-term career satisfaction, and emotional endurance. In his upcoming b
EP 702- Home Alone: A Personal Injury Quagmire
In Home Alone, young Kevin McCallister tries to protect himself from two bungling burglars. But could Kevin be held liable for their injuries? Join us for a lighthearted legal look at this holiday classic.
EP 701- Peter Dunne Part Two
Attorney Peter Dunne shares stories about other legendary St. Louis lawyers and the entertaining ways they handled paper correspondence in the days before email.
EP 626- Attorney and Professor Peter Dunne Part One
With over 40 years of courtroom experience, attorney Peter Dunne is still learning by teaching. Hear some of his favorite lessons from the classroom and the courtroom.
EP 625- Working Up A Big Win Part 2
John Simon remarked, “If the jury thinks this case is about rocks, you’re in trouble.” How we creatively framed the case and presented punitives set our client up for a major win.
EP 624- Working Up A Big Win Part 1
Dissecting a $109 Million Verdict on a Business Litigation case: Attorneys Kevin Carnie and Pat McPhail join The Jury is Out to discuss how they creatively framed the case and presented punitives to set their client up for a significant win.
EP 623- 40 Years of Law with Don Schlapprizzi Part Two
Don Schlapprizzi discusses significant changes in the legal practice and how he endured being lead counsel on a 90-day civil jury trial…the longest in Missouri history.
EP 622- 40 Years of Law with Don Schlapprizzi
One of the most highly respected attorneys in Missouri, Don Schlapprizzi shares personal experiences and lessons learned through more than 350 cases.
EP 620- Old School Cool with Dan Ryan Part Two
In our continuing conversation, John, Tim and Dan Ryan share more great trial stories. You can’t make this stuff up, but you can laugh and learn from it.
EP 620- Old School Cool with Dan Ryan Part One
With over 30 years experience, attorney Dan Ryan has plenty of stories. Part One begins with bar exam anecdotes and leads into literally mopping up during a trial.
EP 619- Intake Analysis and Workup of a Product Fire Case Part Two
You’ve secured the scene and gathered your cause and origin evidence. So who will you include in the litigation?
EP 618- Intake Analysis and Workup of a Product Fire Case Part One
How do you assess a product fire case? Follow our analysis and get some key insights as we begin to work up an intake on a tragic hospice bed fire.
EP 617- Ten Pitfalls In Client Prep Part Two
If you just prep your client an hour before their depo, you are doing them a disservice. Tune infor our final tips on how to improve your client’s depo.
EP 616- Ten Pitfalls in Client Depo Prep Part One
Your client has a story to tell, but how they tell it may determine whether or not you win the case. Create the best possible impression by avoiding these pitfalls in your client’s deposition.
EP 615- 12 battle tested rules for Voir Dire Part Two
Part Two provides six strategies to help remove unfavorable jurors, better frame your case and deal with damages. But to do so, you must focus on the worst part of your case and prepare to reframe it.
EP 614- 12 Battle Tested Rules for Voir Dire Part One
Our first six rules address how to ask questions, how to listen and ways to probe sensitive issues during voir dire.
EP 613- Fighting for Constitutional Rights Part 3
Do you know how the government can define away your property rights? Or the basis for the Lemonade Freedom Movement? Through public interest litigation, Attorney David Roland fights for our mutual humanity.
EP 612- Fighting for Constitutional Rights Part Two
Our conversation with Constitutional lawyer David Roland continues as he discusses recent challenges to your rights and how you can hold task forces and government accountable.
EP 611- Fighting for Constitutional Rights Part One
David Roland founded the Freedom Center of Missouri to pursue legal protection of our constitutional rights to economic liberty and free speech. Our three-part series is a vital refresher on landmark cases and our ongoing responsibility to litigate for freedom.
EP 610- Baby Formula Victory with Jake Plattenberger
This groundbreaking litigation about defective baby formula causing catastrophic necrotizing enterocolitis in premature newborns pits marketing against medicine.
EP 609- Design Defect Strategy with Jake Plattenberger
Plaintiff attorney Jake Plattenberger used innovative trial techniques to overcome key excluded evidence in a tragic design defect case.
EP 608- Against The Odds with Katie St. John
Everyone said they couldn’t win this case. But being the most prepared people in the room helped Dave Cates and Katie St. John secure a significant verdict in a difficult venue.
EP 607- Against The Odds with Dave Cates
Attorney Dave Cates partnered with Tim Cronin on a recent product case where the judge ordered a new trial based on defense misconduct. We’ll share the details and discuss how getting too deep in the weeds can actually save your case.
EP 606- Presenting Your Punitive Damages Case Part One
Now that you’ve built your case to include punitive damages, we’ll discuss ways to turn your case into a cause and address punitive damages at each state of the trial.
EP 605- Building Your Punitive Damages Case Part Three
In our continuing series on punitive damages, we explore the value of post-incident conduct and discuss powerful ways to frame your case.
EP 604- Building Your Punitive Damages Case Part Two
How do you identify potential punitive damages in your case? We’ll give examples on how to get creative and broaden your focus during discovery.
EP 603- Building Your Punitive Damages Case Part One
We believe punitive damages exist in almost every case. In the first episode of our series, we begin by exploring 3 fundamental truths about punitive damages.
EP 602- Sexual Assault Case
Dissecting a $535 million verdict in sexual assault case Attorneys Tim Cronin, John G. Simon and Nathan Perlmutter discuss the strategies and approach they took to a case involving a 13-year-old victim of sexual assault that led to the one of the largest plaintiff’s verdicts in Illinois history.
EP 601- Legal Research and AI Part Two
Our continuing discussion on legal research examines the strengths and weaknesses of AI and the importance of deep and complete human analysis of all research.
EP 524- Legal Research and AI Part One
That search bar is not always your most efficient research tool. Expert law librarian and attorney MJ Voss explains how to build a research log that will help you refine your search and broaden your understanding.
EP 523- Jury Selection Part Two
Simon Law Firm Trial Attorney Patrick McPhail discusses how much you should reveal about the big issues in your case and how to prepare for rehabilitation efforts from opposing counsel.
EP 522- Jury Selection Part One
Selecting jurors that are open to really hearing the facts of your case is the foundation of a winning trial strategy. Simon Law Firm Trial Attorney Patrick McPhail shares his insights on how to better engage with the jury panel in your next voir dire.
EP 521- Recent Developments in Patent Law Part Two
Artificial intelligence will not replace lawyers. It will replace the lawyers that don't know how to use AI. Part Two of our roundtable discussion highlights ways AI can make your practice 30-80% more efficient and introduces us to a fascinating new area of law…artificial intelligence litigation.
EP 520- Recent Developments in Patent Law Part One
Software and AI have become a significant part of today’s patent litigation landscape. Our round table of expert patent attorneys explains the ongoing impact of the 2014 Alice decision and examines the fuzzy lines of “significant advances” and “inventive concept” in current patent law.
EP 519- Conversation with Ed Herman Part 3
Ed Herman discusses the power of brand affection in marketing. The firm’s Emmy Award winning corporate videos, “Three Layers Eating Sandwiches” “Ed Versus” “Terry’s Safety Squad” and others have been watched for over 1.8 million hours. That’s a lot of name recognition!
EP 518- Conversation with Ed Herman Part 2
Should business decisions in your firm be driven by data or experience or both? Ed Herman explains the nuts and bolts of growing a firm and the importance of intake.
EP 517- Conversation with Ed Herman Part 1
As managing partner at St. Louis based Brown and Crouppen, Ed Herman has grown the firm by shrinking in strategic ways. Join us for a wide-ranging discussion about life and business with Ed and his son Brody.
EP 516- The Law Clerk Experience Part Three
School, clerkship, family and friends all demand your time and attention in law school. How can you create a successful balance between work, life and you?
EP 515- The Law Clerk Experience Part Two
How do you become a law clerk? The Simon Law Firm clerks explain the OCI (On Campus Interview) process and how it can help you find a rewarding career path.
EP 514- The Law Clerk Experience Part One
The Simon Law Firm’s clerks discuss what to expect in your clerkship, overcoming the fear of failure and tips on being a good clerk.
EP 513- Class Action with Jer Nixon Part Two
Class action trends are changing, and novel privacy and antitrust claims are on the rise. Join us as Jer Nixon outlines the power and purpose of class actions and how the protect individuals from exploitation.
EP 512- Class Action with Jer Nixon Part One
In recent years, court rulings have made major changes to class action law. Simon Law Firm attorney Jer Nixon joins the podcast to discuss the requirements to file a class action case and the impact of arbitration clauses and class action waivers.
EP 511- Work/Life Balancing Act Part Two
When you love what you do, you are already standing on a solid work/life balance that works for you. Listen as successful attorneys at different stages of their lives and careers reflect on what has helped them find that stability.
EP 510- Work/Life Balancing Act Part One
Three generations of attorneys discuss what it’s like teetering on the factors that affect work/life balance, how it changes depending on your profession, what you’re working on and the stage of your career.
EP 509- Office Dynamics Part Three: Trial
When you are in trial, your support staff can and should be doing more than just ordering lunch. Hear how the Simon Law Firm staff handles logistics and builds valuable rapport with courtroom staff.
EP 508- Office Dynamics Part Two: Organization
Does your support staff see the big picture or are they trapped in old ruts? The Simon Law Firm support team discusses the importance of empowerment, autonomy and trust when organizing details and logistics for trial.
EP 507- Office Dynamics Part One: Communication
Big trials are keeping our TJIO team away from the mic, so the support staff hijacked the podcast to share their insights on office dynamics. Learn how to improve your own office with candid comments from our paralegals and IT team members, and find out how you can help them help you.
EP 506- Nitrous Oxide Trial Part Two
Nitrous oxide is primarily used to make whipped cream, so why is it being sold in smoke shops? That’s what Johnny Simon wanted to know…and his winning argument will help remove this insidious poison from many communities. Hear the dramatic trial story, the personal toll on the victim’s family, and the landmark verdict in part two of our story.
EP 505- Nitrous Oxide Trial Part One
This tragic death case was originally approached as a workplace safety issue. But when Johnny Simon heard the story, he took another approach….contending that the defendant was impaired while under the influence of nitrous oxide, which had been sold in a local smoke shop. By going after the nitrous oxide manufacturer with this novel approach, Johnny won one of the largest verdicts in Missouri hist
EP 504- Mentorship with Mary Simon Part Two
In part two, we share our mentor’s most impactful lessons and talk about the benefits of building long lasting relationships through mentorship. No matter if you are the mentor or the mentee, taking time to share experience and expertise elevates our profession.
EP 503- Mentorship with Mary Simon Part One
Mentorship improves competence and confidence. John brings his daughter Attorney Mary Simonto the mic to discuss the power of mentorship for personal and professional growth.
EP 502- Jury Nullification Part Two
We continue our discussion on jury nullification with examples we’ve encountered in recent cases and offer tips on how you can address possible nullification issues through argument, motions in limine or jury instructions. Our best advice is to keep your eyes open through every step of the case and be prepared to take up the issue with the court.
EP 501- Jury Nullification Part One
Can a jury render a verdict that is outside the law? And if so, can you encourage them to do so? We’ll discuss the history of jury nullification, how some attorneys try to suggest that jurors can or should ignore evidence, and ways you can use voir dire to try to identify jurors who may consider nullification.
EP 456- Legal Office Management with Angela Louis Part Two
Management expert Angela Louis discusses the unique challenges facing plaintiff’s firms and suggests key traits every successful office administrator should have. She also offers tips on how to continuously support the firm’s “brand” of excellent work by putting long and short-term processes in place.
EP 455- Legal Office Management with Angela Louis Part One
Are you spending more time running your firm than handling your cases? That’s the tipping point when you should hand off those responsibilities to a qualified legal office manager. Angela Louis, the Simon Law Firm’s award-winning Director of Administration, lends insight into this critical multi-tasking role.
EP 454- Deadlocked
We are seeing more deadlocked juries in which jurors refuse to discuss the facts of the case. Today’s discussion addresses not only the legal implications of a refusal to engage in productive discourse and compromise, but the implications to our government’s function if verdicts cannot be reached in the courtroom. What can we do?
EP 453- Discovery Abuse with Ferne Wolf Part Three
Our final episode with Ferne Wolf of Silverstein Wolf covers your ethical obligations during document discovery, how to respond to a document dump and when to ask for documents in native form.
EP 452- Discovery Abuse with Ferne Wolf Part Two
In Part Two of our discussion with Employment Law Attorney Ferne Wolf, we take an in-depth look at rule 30B6, issues regarding designating corporate witnesses and how to handle refusals to disclose insurance coverage.
EP 451- Discovery Abuse with Ferne Wolf Part One
Have you noticed more attorneys objecting to written discovery? Why? In this three-part discussion, Employment Law Attorney Ferne Wolf examines how the rules of professional conduct overlap with the civil rules regarding written discovery, and offers rules you can use to keep the process moving.
EP 450- Lawyers in Leadership with Elise Holtzman
Are you satisfied when your firm is “good enough”? Professional development coach Elise Holtzman challenges you to strategically examine your workplace and your personality to improve your business, create more successful communication and develop the leadership skills you and your firm need to succeed.
EP 449- Pillars of Business Development with Elise Holtzman
Would you like to generate more business? Elise Holtzman is founder of The Lawyer’s Edge, a leadership development firm that helps attorneys become more proactive about business development and career acceleration.
EP 448- Results Don’t Lie Part Six- Update
Koon v. Walden is still making an impact on opioid prescribing in America, but insurance companies and legislatures are putting higher hurdles in place to limit damages and restrict the patient’s ability to have their day in court. In this update, Johnny Simon and Tim Cronin discuss the impact of the case on prescribing behavior, nationwide medical training, and potential opioid litigation.
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