How Great Trial Lawyers Handle Imperfect Cases | Attorney Russell Pate | S6 Ep. 15
Every case that reaches trial has problems. The question is what you do with them. In this episode of Best Practices with Kenny Berger, trial lawyer Russell Pate breaks down the strategy behind a $7 million premises liability verdict and the difficult facts that made the case anything but straightforward. Russell shares how he confronted weaknesses instead of avoiding them, built the case around a clear safety principle, and found compelling ways to prove damages even when the traditional evidence was not there. Kenny and Russell also discuss how a client’s remarkable recovery can become part of the damages story, where to look when family and friends are not available as before-and-after witnesses, how to protect clients from unnecessarily difficult testimony, and why simplifying the jury’s job can be more persuasive than trying to answer every possible question. The conversation goes beyond one verdict to explore the judgment that develops through actually trying cases: responding when unexpected evidence surfaces, learning from losses, trusting jurors, and continuing to refine your approach with every trial. In this episode: How to identify the central issue in a case with difficult facts Why safety standards should evolve as knowledge and technology improve How to address weaknesses without allowing them to define the case Why a strong recovery does not erase the significance of a serious injury Finding powerful before-and-after witnesses beyond family and friends Protecting the client while still presenting difficult future damages evidence Simplifying the jury’s decision-making process Developing trial judgment through repetition, experience, and even loss For trial lawyers, the lesson is not to wait for the perfect case. It is to learn how to see, prepare, and try the case you actually have.