
Mitnik’s Trial Methods
As senior trial counsel for the nation’s largest plaintiff firm, Morgan & Morgan, Keith Mitnik’s methods have been battle-tested in every type of case, from small auto cases to eight-figure medical malpractice cases—not to mention business litigation, entertainment law, and tobacco cases. In this lecture, Keith expands upon concepts in his book, Don’t Eat the Bruises, and addresses the following topics and more: Getting jurors to self-identify their bias Using analogies to maximize challenges for cause Becoming comfortable discussing damages Discussing noneconomic damages in voir dire Discussing the burden of proof Putting surveillance in context before the jury sees it Addressing invisible injuries with jurors Handling cases with little to no property damage Selecting powerful words and introducing recognizable phrases in opening statement Foreshadowing cross-examination in voir dire and opening Admitting your client's pre-existing conditions Dismantling the defense’s attack