Season 2 – Episode 7 ·

Deconstructing and Building a Winning Case with Phillip Miller

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In this episode, Ben speaks with trial lawyer and trial consultant Phillip Miller about how he helps trial lawyers deconstruct and then build a winning case for trial. Phillip starts by identifying landmines that will cause you to lose the case. Each landmine must be made irrelevant, immaterial, or otherwise overcome so that it does not sink the case. Phillip then talks about questions that every juror needs answered: Why is the case important? How will the verdict affect meaningful change apart from money? Who is the villain (wrongdoer) in the case? What is the “real evidence”—i.e., the evidence that is not manufactured by one side of the other? Has this happened before? Phillip talks about his strategy for voir dire, which involves using a series of clear PowerPoint slides to frame critical issues that identify good and bad jurors or prime jurors on important issues in the case.

Phillip Miller

Photo of Phillip Miller

Nashville trial consultant and personal injury lawyer Phillip Miller is an experienced “…in the courtroom…” trial lawyer, having tried dozens of cases to verdict and taken over 1000 depositions. He has a deep understanding of the techniques of persuasion as well as juror learning and decision-making.

Phillip is a board-certified civil trial specialist, a “Super Lawyer,” and has been selected seven times as a faculty member for the American Association of Justice program, “The Art of Persuasion” at Harvard Law School.