“The storytelling potential in this case was off the charts because of the lengths the defense was going to go to to avoid the truth.”
In this podcast, Eric Fong joins host Rafe Foreman to share, in captivating detail, the extraordinary story of how he and his client defied all odds to obtain a $91 million verdict in a recent personal injury trial.
The case began when Eric’s client suffered a significant, life-altering brain injury during a late-night convenience store robbery that arose from inadequate security. Incredibly moved by his client’s struggles and humanity, Eric was faced with the responsibility to convey those same feelings to the jury.
Now recalling those moments for Rafe and his listeners, Eric discusses the astronomical challenges he and his client encountered throughout the trial, from COVID restrictions to juror predispositions, and the techniques they used to overcome them. Above all, Eric explores how he got the jury to not only hate the defendant but to love his client exactly as he did.
“Always be willing to be flexible -- don’t get so married to your methodologies that you can’t change those, too. It is in preparation and hard work but it’s also in willing to be open to the ideas of others.”
This week, Todd Kelly of Austin, Texas, joins host Rafe Foreman to kick off our new podcast series titled ‘Reconstructing Success’ with an engaging overview of the importance of preparation and planning as a trial lawyer, particularly in the scope of pretrial. In discussing the strategies applied to some of his most recent trials, Todd explores the ideal balance between flexibility and consistency and the value of varying one’s approach to win justice for their clients.
“For me, getting this opportunity with this scholarship, the biggest thing is spreading the message to go and get the vaccine.”
On this week’s podcast, high school freshman Jack Lucchesi and his mother, Bridget Lucchesi, join host Rafe Foreman. Jack is one of the first ten winners selected in New York State's College Scholarship raffle for vaccinated teens, and his mom Bridget is a clinical mental health therapist who has deep Trial Lawyers College connections. In addition to knowing Rafe since childhood, Bridget joined TLC for the Death Penalty seminar in 2010, and she studied with Zerka Moreno, wife of Jacob Levy Moreno, the inventor of psychodrama!
Rafe, Jack, and Bridget cover a variety of COVID-19-related topics during their conversation including Jack’s scholarship raffle win, how to combat and identify misinformation, how to deal with grief throughout the pandemic, and much more.
“I decided that I should do something I don’t normally do, and that’s reverse roles with a defense attorney and try to figure out where they’re coming from and how their lives have changed. So, I was trying to get personally involved with defense attorneys, not just in the case but in their actual lives...”
On this week’s podcast, Conroe, TX trial attorney and TLC faculty member Paula Estefan joins host Rafe Foreman to discuss how she works with opposing counsel, the benefits of doing so, and how her approach to opposing counsel has changed over time. Through their conversation, Paula and Rafe also touch on the power of silence and listening, what endures about TLC’s methods, and the deep connections formed at the Trial Lawyers College.
“The plaintiff’s practice can be very lonely. I think that loneliness has been a bit amplified by being inside, cooped up, and not able to communicate and build relationships like we were meant to. The pandemic has caused an amplification of those relationships gone silent.”
On this week’s podcast, Kansas City trial attorney Brian McCallister joins host Rafe Foreman to discuss the ways that the lingering effects of the COVID-19 pandemic and other events of the past year will impact the practice of law in the future. As he guides listeners through the cases that have been impacted by this new era in his own practice of trial law and those of his colleagues, Brian provides a stark illustration of the fragility of the jury trial and the importance of human connection.
“Judges are just like us -- they’re egocentric, they think with their own minds, they speak with their own heart, and they bring a lifetime of experiences as a human and as a previous lawyer to the bench.”
This riveting podcast features former Oklahoma judge Kenny Adair, now a criminal and civil trial lawyer, who gives his unique perspective on the fears and vulnerabilities of the more challenging judges encountered by trial lawyers. Sharing invaluable insight into the human side of the men and women behind the bench, Kenny presents listeners with a refreshing take on the use of psychodrama to connect with the judge and win justice for their clients.
“I’m one of those types of people that wants to be all things all the time, and what I’m learning is you can’t be all things all the time. It’s just not possible. That’s how you wind up burned out and really of no use to anybody.”
Continuing our theme of ‘Managing in Tough Times’ is Kahlie Hoffman, a Kansas City-based personal injury trial lawyer who’s raising two young boys behind the scenes. Despite the difficulties her busy life has handed her, particularly during the COVID-19 pandemic, Kahlie believes that each role she plays strengthens her abilities in the other. Reflecting on the challenges and triumphs she has faced while managing both full-time roles, Kahlie provides invaluable insight into the value of self-care, setting realistic boundaries for oneself, and communicating those boundaries to others.
“There are some people who have not had an opportunity to represent a gay client or a member of a minority group, and there may be some biases there. Before proper representation can be done, I think that a person needs to sit with themselves and try to overcome those biases or really truthfully address them and see if they’re going to play into the case.”
This week’s podcast features Colorado attorney Sean Brown, who engages in a captivating conversation with host Rafe Foreman about navigating the touchy topic of sexuality when representing an LGBTQ client. Discussing the potential biases of judges, jury members, and even themselves as trial lawyers, Sean provides a vital perspective for attorneys to successfully uphold the rights of members of marginalized groups.
“I want widows to know that once they have loved someone so deeply and been loved, it will come again. Nobody should live without love, and they don’t have to.”
This podcast features California attorney Samantha Berryessa, who continues our ‘Managing in Tough Times’ series with a moving account of her experience navigating grief before and after the 2019 death of her husband, attorney Dax Cowart.
A wrongful death lawyer by practice, Samantha gracefully highlights the parallels between her personal experience with grief and her perception of the grief of her widowed clients. Offering a unique glimpse into the inner world of a newly widowed woman, Samantha’s riveting testimony is essential listening for any trial lawyer who represents the bereaved.
“We need to communicate with our eyes more, whether it’s to your spouse or the jury on voir dire or to your client.”
In this week’s episode of the TLC podcast, civil lawyer Chandler Loupe joins host Rafe Foreman in a contentious discussion around the unique challenges faced by trial lawyers during the COVID-19 pandemic. Sharing his experience as a trial attorney in one of the few regions that kept its courtroom doors open through 2020, Chandler provides a timely reminder of the value of looking into people’s eyes.
“In order for me to do a trial right now, I need to prepare extra-special. It’s sort of like an extended warm-up to get my head in the right spot.”
This week’s podcast features Jason Savela, a criminal defense lawyer with more than two decades of experience trying cases to juries in Colorado. Continuing our theme of “Managing in Tough Times,” Jason shares the details of some of his most riveting cases, guiding listeners through the hardships and triumphs that he has shared with his clients.
As a TLC-trained trial lawyer, Jason stays true to the psychodramatic methods, sharing the strategies he used to discover his clients’ stories and tell them authentically to the jury. Bringing the discussion back to the tough times we’re collectively facing, Jason reminds listeners of the importance of using demonstrative evidence now more than ever.
“I didn’t want anyone to see me as I really am. I thought they would reject me. That’s why, in the beginning, I worked so hard to walk perfectly -- I didn’t want anyone to see my weakness. But it was only when I was willing to let people inside and to see that is when I began to be comfortable with it as well.”
Continuing our ‘Managing in Tough Times’ series is Bret Merkle, a Sioux Falls, South Dakota, personal injury attorney whose life was turned upside down at the age of 21 after he sustained serious injuries in a motorcycle accident. Suddenly facing a life with chronic pain and loss of bodily function, Bret slowly discovered sources of joy and fulfillment that would keep him moving forward.
While he learned to push through his hardships to accomplish an impressive legal career, Bret continued to struggle with being open about his physical struggles due to a fear of rejection. As Bret finally began to appreciate the value of living authentically and creating bonds as his true, vulnerable, and imperfect self, he built powerful relationships and unmatched success in his career as a trial lawyer. Above all, he’s learned to face his fears in everything he does -- whether it involves his body or his next trial.
“We need to see the things that are happening—the changes, the protocols, the restructuring of how this is all working—as opportunities and to find ways to embrace them and make them part of how you present your case.”
This timely podcast features Texas trial lawyer Susan Hutchison, who discusses how the COVID-19 era has hindered the efficacy of the jury trial and what trial lawyers can expect in order to be better advocates for their clients as courtrooms begin to open up again throughout the nation. In sharing her and her clients’ stories of resilience and adaptation while navigating uncharted waters, Susan’s words of wisdom offer something that can resonate with all.
“It’s not just the words that I say, but do I honor the words that you say?”
This continuation of our ‘Words Matter’ series features Dana Cole, an associate professor of law at the University of Akron School of Law, who shares his thoughts on the power and components of an impactful story and the art of mindful listening.
This refreshing approach to why words matter explores not only on the side of the storyteller but also on the side of the listener. Drawing from both his personal insight inspired by recent events and his unique understanding of the psychodramatic methods, Dana’s words embody the message of kindness, respect, and connection behind everything we do here at TLC.
“I win because I’m the person who cares the most in the courtroom, not because I know the most.”
This week’s podcast features Kiesha Cannon, a captivating voice for the vulnerable and the accused, who shares her insight into the simple secrets behind effective communication and connection both in and out of the courtroom. Drawing from her equally-inspiring personal and professional journeys, Kiesha provides a stark reminder of the importance of living authentically and listening with an open heart.
“The whole point of psychodrama is to tell the story, and the ways that lawyers have incorporated this method to tell their client’s story with such love and interest and time and attention is one of the greatest gifts I’ve ever seen another human being give another human being.”
This week’s podcast continues our ‘Words Matter’ series with Jody Anderson, a Licensed Clinical Social Worker and a Certified Psychodramatist, who shares her personal and professional insight into the impact of language on the thoughts, feelings, and emotions of a trial lawyer’s clients. The daughter of beloved TLC Psychodramatist Kathie St. Clair, Jody follows in her mother’s footsteps with a moving exploration of the power of authenticity and spontaneity in establishing a positive attorney-client relationship.
“They always told us in Tennessee, ‘Great songs aren’t written — they’re re-written.’ I think that saying could apply for us in our work as trial lawyers.”
In this multifaceted episode of the TLC podcast, host Rafe Foreman is joined by singer/songwriter and trial attorney Sam Wooden to continue our ‘Words Matter’ series. Offering his perspective on the connection between art and the performance of the trial lawyer, Sam shares the story behind his love for music and its parallels with his discovery of psychodrama and his application of these methods to win justice for his clients.
Armed with his guitar and his voice, Sam supports the link between the art of creating sound and presenting a powerful argument to the jury with a real-time performance of his music. This sparks a moving dialogue between Sam and Rafe, who draw upon their own experiences to solidify the messages of connection, compassion, creativity, and spontaneity that lie behind the TLC methods and the duty of the trial lawyer.
“How do you know that words matter? You know because they make you feel something.”
In this continuation of our podcast series titled Words Matter, Los Angeles Public Defender Kim Savo shares her insight into the connection between poetry and the presentation of a compelling opening statement.
A wordsmith by nature and a passionate advocate for the accused, Kim stresses the importance of emphasizing the emotion behind a story, rather than leaning on the facts, to move jurors to justice. Staying true to the TLC methods, her moving discussion with host Rafe Foreman offers a refreshing look at the artistry behind a trial lawyer’s words.
“As advocates in the courtroom, the truth carries the day, and we have the obligation to seek the truth, to speak the truth, and to correct lies and misstatements when they’re in violation of the truth.”
In this first installment of our four-part series titled ‘Words Matter’, host Rafe Foreman takes the mic to introduce the why behind this pressing topic. Why do words matter? What do words, particularly falsehoods, have the power to do? This timely episode, inspired by the recent events at our nation’s Capitol, explores each of those questions and more.
While Rafe doesn’t have a straightforward solution to America’s rising issue of weaponized misinformation, his words serve to encourage further thought, discussion, and personal accountability among those who hold the highest obligation to promote the truth.
“Our great-grandfather stood to fulfill a sacred duty...to do more than he ever thought he may have been capable of doing...at a particular time in the existence of the world for the survival of generations of all of us to come. The warriors that stand in courtrooms today—with their hand on a vulnerable, suffering person or their families—are doing that extremely honorable and important and courageous task of a warrior assigned the same type of commitment to help to make it a better world.”
This episode of the TLC podcast features brothers Harley and Robin Zephier, co-authors of the book Warrior Is and members of the Mnincoju Lakota people. In a captivating discussion with host Rafe Foreman, the brothers share their profound insight into what it means to be a warrior through the story of their great-grandfather, Mato Niyanpi “Saved by Bear”, a proud Lakota warrior who performed an act of commitment and courage during the Battle of the Greasy Grass in 1876, interweaving his legacy with the story of humankind as a whole.
By establishing a parallel between the values of the Lakota culture and the core mission of the Trial Lawyers College, Harley and Robin offer a refreshing perspective that transcends the boundaries of time and background. Tying it all together with the current turbulent political atmosphere of both our nation and our world, this episode offers a timely reminder of the importance of coexistence, unity, and interconnectedness and the role of the trial lawyer in upholding them.
“It’s not going to be a straight line from here to a better world, but what other choice do we have?”
This unconventional episode of the TLC podcast features Bernie Cantorna, a Centre County, Pennsylvania District Attorney who served on the TLC faculty from 1997 to 2016. As he catches up with host Rafe Foreman, Bernie explains why he chose to become a DA and offers his unique insight into the inner world of a prosecutor from someone who’s been in both shoes.
As a former general practitioner representing both civil plaintiffs and criminal defendants in a range of emotionally moving cases, Bernie saw a problem that needed to be fixed. Like a true TLC warrior, Bernie cleaned up a corrupt DA’s office by taking on the role himself, proving that it’s never too late to do the right thing. His testimony serves as a powerful reminder of the ability of the TLC methods to transcend occupation and make a lasting impact from all angles of the criminal justice system.
“We have a real power right now to change the world we live in and leave it better for the generations to come, but we must come at it from a place of love. We have to be brave enough to be the light.”
In the fourth and final installment of our podcast series titled “What Do Trial Lawyers Do?” TLC graduate and faculty member Jacqui Ford offers a striking reminder of what it truly means to be a trial lawyer. A passionate advocate for the accused in Oklahoma City, Jacqui discusses the meaningful differences that she and her colleagues can make on their clients, the courtroom, and the community, tying her remarkable personal testimony together with the values of truth, authenticity, and self-reflection that lie at the core of the TLC methods.
“Fighting is an end in itself if the cause is right, so you’ve got to keep fighting. Even if you aren’t having success at times, you’ve got to stick with it.”
In this third installment of our series titled ‘What Do Trial Lawyers Do?’, host Rafe Foreman explores the ins and outs of practicing civil rights law with Albuquerque, NM attorney Zackeree Kelin. Beginning with a deep dive into Zack’s experience contributing to the formation of the New Mexico Civil Rights Commission following the growth of the Black Lives Matter movement in 2020, this riveting discussion could not be more timely.
Later on in the podcast, listeners are introduced to the practice of American Indian Law through Zackeree’s personal experience representing clients before the Navajo Nation Tribal Courts. A fervent advocate for the constitutional rights and basic human dignity of vulnerable populations, Zack is a TLC warrior through and through.
“Part of being a trial lawyer is being a good investigator — getting out of the office, visiting clients, visiting the scene, visiting witnesses, talking to people — and getting the evidence you need for your cases.”
In this second installation of our podcast series titled ‘What do trial lawyers do?’ host Rafe Foreman chats with Kansas City civil law attorney Tom Dickerson to discuss the ins and outs of representing personal injury plaintiffs. By exploring his own successes and setbacks, Tom offers a treasure trove of tips and tricks for burgeoning personal injury lawyers to elevate their skills both in and out of the courtroom and be fearless advocates for their clients.
From motor vehicle accidents to dog bites to medical malpractice cases, Tom has dedicated his practice to standing up for everyday people facing life-changing injuries by fighting against insurance company misconduct. This passion and know-how is channeled into this engaging deep dive into personal injury law, where he fervently discusses the progression of his career and everything he’s learned along the way.
“We help the people that have been neglected, left out, and desperate, and we give them life when everybody else has left them for dead.”
In this first installment of our four-part series titled ‘What Do Trial Lawyers Do?’ TLC graduate and faculty member Patrick McLain shares the intricacies, peculiarities, and triumphs of being a military trial lawyer. Hosted by Rafe Foreman, this engaging and informative dive into military law guides listeners through its unique structure and the ways in which it compares to other areas of the legal system.
As a military law attorney with an impressive track record representing military members, Patrick connects these topics with the Trial Lawyers College methods and the turbulent atmosphere of 2020. By bringing his story full-circle, Patrick’s insight epitomizes what both TLC and the legal career are all about: loyalty, community, and connection no matter what life throws our way.