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
Using Big Data to Drive Big Verdicts | Attorney Al Foeckler | S6 Ep. 2
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In this episode of Best Practices with Kenny Berger, Kenny sits down with Wisconsin trial lawyer Al Foeckler to break down how big data shaped strategy, decision-making, and ultimately a $15 million verdict in a wrongful death case.
Al walks through the real-time choices his team faced before and during trial, including whether to tell the jury the value of the case in opening, how data informed that decision, and why dropping certain claims actually increased the overall recovery. The conversation dives into credibility, preparation, and the discipline required to trust the numbers while still honoring the human story at the center of the case.
This episode covers:
- How big data influences case valuation and win rates
- When and how to introduce large numbers to a jury
- Using voir dire to frame value and burden of proof
- Building credibility through preparation and follow-through
- Structuring order of proof to create momentum and clarity
- Turning complex facts into a story jurors can visualize and remember
Throughout the discussion, Al emphasizes that big verdicts are not about bravado. They are about preparation, authenticity, and making strategic decisions grounded in evidence, data, and respect for the jury.