The Jury Is Out

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 lawyers: rigid adherence to a prepared outline even when a witness hands them something better. The instinct to follow the script, they argue, is trained into law students from day one and it takes real effort to unlearn. Full disclosure: nobody is here to turn lawyers into comedians, but rather how to apply the discipline of presence, collaboration and responsive decision-making of improve to the legal profession.

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. Cronin says the trend is spreading to the healthcare industry, especially in rural hospitals.

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, who also has had success in these types of cases. The hosts break down how Amazon’s Delivery Service Provider or DSP model is marketed as independent small businesses but operates under extensive control from Amazon including training on package handling, uniforms, real-time driver monitoring. Despite that control, Amazon claims DSP drivers are not its employees, shifting liability onto smaller contractors that typically carry limited insurance.

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.

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.

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—especially the two most common case-killers: unprepared clients and unprepared experts.

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 out or a seasoned trial lawyer navigating year 30, this conversation offers timeless insights on how to endure the pressures of the profession—and still love what you do.

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 Case Doctors how they keep their sanity and ethics intact when a client has a history of suing and firing previous attorneys.

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 book, From Cotton Fields to Courtrooms: A Texas Lawyer’s Memoir, Tom reflects on his journey from a childhood in rural West Texas to the emotionally charged world of courtroom litigation.

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.

Attorney Peter Dunne shares stories about other legendary St. Louis lawyers and the entertaining ways they handled paper correspondence in the days before email.

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.

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.

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.

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.

One of the most highly respected attorneys in Missouri, Don Schlapprizzi shares personal experiences and lessons learned through more than 350 cases.

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.

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.

You’ve secured the scene and gathered your cause and origin evidence. So who will you include in the litigation?

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.

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.

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.

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.

Our first six rules address how to ask questions, how to listen and ways to probe sensitive issues during voir dire.

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.

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.

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.

This groundbreaking litigation about defective baby formula causing catastrophic necrotizing enterocolitis in premature newborns pits marketing against medicine.

Plaintiff attorney Jake Plattenberger used innovative trial techniques to overcome key excluded evidence in a tragic design defect case.

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.

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.

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.

In our continuing series on punitive damages, we explore the value of post-incident conduct and discuss powerful ways to frame your case.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!

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.

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.

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?

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.

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.

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.

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.