Best Practices with Kenny Berger
Best Practices is a legal podcast where South Carolina attorney, Kenneth Berger, interviews trial lawyers from around the country with regard to aspects of their practice that have helped them reach the top of the field. Tune in every other week for interviews covering everything from case selection to closing argument.
Best Practices with Kenny Berger
Thinking in Bets: Managing Risk and Reward in Trial Practice | Attorney Taylor Asen | S5 Ep. 12
Every trial is a bet, but how do you know when the risk is worth taking?
In this episode of Best Practices with Kenny Berger, trial lawyer Taylor Asen joins Kenny to talk about what it really means to “think in bets.” From using data and probability to assess case value, to hedging strategies like high-lows and partial settlements, Taylor breaks down how trial lawyers can balance risk, reward, and responsibility to their clients.
They discuss:
- Why expected value alone doesn’t tell the whole story
- How to align client risk tolerance with case strategy
- Using data and focus groups to guide decision-making
- Applying concepts from gambling and behavioral economics to trial work
- Why honest experts and strict case selection matter in medical malpractice
This conversation offers a framework for making smarter, more intentional decisions in high-stakes litigation.
Hosted by South Carolina Injury Attorney Kenny Berger