The way employment litigator Bernard Alexander sees it, the beauty of these cases is that most jurors are employees. At voir dire, the plaintiff’s lawyer’s job is to get jurors to slip into their client’s shoes. In this conversation with hosts Harry Plotkin and Dan Kramer, Bernard describes how he does that. His experience includes winning $136 million against Tesla in what was the largest single plaintiff harassment verdict in the U.S. at the time. “I get people talking,” he says. “But the people that aren't talking, those are the ones that I really want to talk to.” How? With direct questions like, “Has anyone here or someone you know ever experienced discrimination or harassment?” or, “Has anyone ever made any complaints inside the workplace about anything or know someone that has?’”

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Episode sponsored by Focus Graphics.