Keith Mitnik: Why Great Trial Lawyers Never Paint by Numbers

Many defense lawyers are outstanding presenters and quick on their feet, but Keith Mitnik says they’re painting by numbers: they have a set strategy and go-to arguments. But if you can knock them off of their paint-by-number strategy, they’re lost. So how exactly do you counter their tactics?

After practically living in the courtroom, Keith understands the ins and outs of a trial more than the average lawyer. He’s heard all of the same arguments before and knows exactly which slimy (and often overused) tricks the defense counsel will use against him.   

Instead of letting the defense counsel’s repetitive arguments win over the jury, Keith figured out a counter method. And this method doesn’t just work for one or two cases — Keith crafted a cohesive system where any lawyer, no matter the level of experience, can make a difference in whatever case they may be facing. 

One of Keith’s strategies is the power of analogy. Using analogies in your counter arguments can help the jury better understand the situation by pulling examples from their own life.

Listen to this episode of The Judd Shaw Way Podcast with Judd Shaw featuring Keith Mitnik, Senior Trial Counsel at Morgan & Morgan. Keith tells all about his lessons from the courtroom, how to counter a paint-by-number defense counsel, and why he wrote two books about his successful methods. 

In this episode: 

• [0:37] Judd Shaw introduces his guest, Keith Mitnik
• [1:23] Why football is an integral part of Keith’s life
• [2:55] What led Keith to write his first book, Don’t Eat the Bruises?
• [7:14] Keith’s thoughts on the “straw man argument” — and what he does to counter it
• [9:14] Why analogies work so well in the courtroom
• [12:52] Keith shares the story of winning a $6.4 million verdict on a herniated disc case
• [14:53] Keith and Judd discuss what an inspiration Matt Morgan is
• [17:43] Keith talks about his most recent book, Deeper Cuts
• [19:54] Where can you get Keith’s books, and how can you gain access to his latest tips and strategies?
• [23:43] What’s on the horizon for Keith?

🎙️ Featured Guest 🎙️

Name: Keith Mitnik

Short Bio: Keith is Senior Trial Counsel at Morgan & Morgan and has been part of their team for over 25 years. In this role, Keith assists other members of the firm in their trials; as a result, he tries a number of cases each year. He’s been honored as a member of the Florida Legal Elite, Florida’s “Super Lawyers,” and Best Lawyers in America, among many other accolades.  In addition to being a renowned litigator, Keith is also the author of Don’t Eat the Bruises and Deeper Cuts. 

Company: Morgan & Morgan

Connect: LinkedIn | Website | Email

🔑 Relevant Resources 🔑

• Don’t Eat the Bruises by Keith Mitnik
• Deeper Cuts by Keith Mitnik
• Keith Mitnik’s podcast