The Trial Autopsy: Don’t Lose the Same Way Twice | Attorney Monte Tynes | S6 Ep. 17

Most trial lawyers know how to celebrate a win. Monte Tynes has spent just as much time thinking about what to do after a loss. After a defense verdict in a birth injury case, Monte and his team developed a 20-part root cause analysis of the loss, reviewing the case from intake through trial to identify what went wrong, what could have been prevented, and what needed to change before the next case. In this episode of Best Practices with Kenny Berger, Monte shares how that process has changed the way his firm evaluates, prepares, and tries cases. The conversation covers: - Using focus groups and jury research early enough to uncover weaknesses you can still address - Vetting experts and their opinions before those decisions become difficult to undo - Planning the visual presentation of a case long before trial - Turning lessons from losses into checklists, workflows, and better systems - Using data to distinguish a difficult case from a poor performance - Staying with clients after a disappointing verdict - Separating your self-worth from the outcome and focusing on the process you can control - Using AI and technology to strengthen case preparation without replacing legal judgment Monte also talks candidly about the limits of trial preparation. You can improve the process, understand the risks, and do excellent work, but some variables will always remain outside your control. The goal is not to eliminate every loss. It is to learn enough from each one that you do not lose the same way twice.