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Witness Preparation Defense Strategies

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Preparing a Winning Trial Strategy

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Legal discovery often comprises the longest stage of casework—identifying evidence, developing timelines, and vetting witnesses. The facts, strengths, and weaknesses of a case provide puzzle pieces that attorneys identify and...more

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Bench Trial vs. Jury Trial: Preparing for Each

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When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

IMS Legal Strategies

Want to Improve Credibility? Embrace Your Witness’s Humanity

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In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more

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Discover the Benefits of Mock Trials

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Case preparation can take months of research, depositions, and strategic planning—all for that one high-pressure moment in court. Even learning how to write a good opening statement can take a considerable amount of time and...more

Holland & Knight LLP

Podcast - Refresh vs. Impeach: Know the Difference

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic...more

Holland & Knight LLP

Podcast - Cross-Examination of Expert Witnesses

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers typical areas of expert cross-examination and rules to follow when examining an expert witness. Mr. Small focuses on why...more

Holland & Knight LLP

Cross-Examination: The Three C’s of Impeachment

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights...more

Holland & Knight LLP

Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully...more

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Trial Graphics Presentation: Making an Impact

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Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard...

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On episode 20, hosts Tina and Cherie welcome Maynard Nexsen attorneys and former Judges Markley Dennis and Billy Wilkins, both of whom had long careers as public servants. Judge Dennis and Judge Wilkins share their best...more

Holland & Knight LLP

Basic Points to Consider in Redirect Examination

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the nuanced art of redirect examination, emphasizing its strategic use to mitigate damage and refocus the jury's...more

Holland & Knight LLP

Podcast - Direct Examination: Getting Rid of Clutter

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the impact of verbal clutter in legal proceedings. He stresses the importance of asking concise, clear questions,...more

Holland & Hart - Your Trial Message

Defense Opening: Repair Credibility First

In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme...more

Mandelbaum Barrett PC

Credibility Is Key to Every Successful Trial

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Prior to the civil fraud trial brought by New York Attorney General Letitia James, Donald Trump’s credibility had already taken a big hit in the two lawsuits brought by E. Jean Carroll (“Carroll”), claiming sexual assault....more

Fox Rothschild LLP

Could You Be a Contestant in: “Worst Witness Ever?”

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Today Bloomberg is reporting that one of the attorneys representing convicted FTX founder Sam Bankman-Fried named his client as the worst cross examination witness he has ever seen. That’s quite an indictment in its own...more

Holland & Knight LLP

Exuding Credibility in the Courtroom

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with Frank Vecella, principal at McKool Smith and former head of litigation for Ericsson, for an in-depth discussion...more

Holland & Knight LLP

Podcast - The Differences Between Persuasion and Argument

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the differences between persuasion and argument that every trial lawyer should know. In the episode, Mr. Small...more

IMS Legal Strategies

Witness Testimony Themes, Cross Examination, & Preparation Consultants – Episode 55

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera explains why themes are important for testimony, how to prep witnesses for cross, and what attorneys can gain from working with consultants. Listen, watch, and/or read...more

IMS Legal Strategies

Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera explains why themes are important for testimony, how to prep witnesses for cross, and what attorneys can gain from working with consultants. View the transcript here:...more

IMS Legal Strategies

Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more

Holland & Hart - Your Trial Message

Masks in Court: Understand the Real Lesson

As we begin to take stock of and conduct research on the effects on the pandemic adaptations, it is important to keep an essential principle in mind: The research on pandemic adaptations is not just about the pandemic...more

Holland & Hart - Your Trial Message

Witnesses, Don’t Create Obstacles to a Positive Perception

Witnesses, I’d like to have a word. You know the most important audience for your testimony — the jurors in the courtroom with you, or the future jury who might someday see a clip of your deposition? That audience is kind of...more

Holland & Hart - Your Trial Message

Apply Two Tests to Any Battle Between Stories

It’s America’s case of the moment: Johnny Depp and Amber Heard, Hollywood’s former power-couple, now exchanging accusations of physical abuse in a Fairfax, Virginia courtroom. The defamation case initially brought by Depp has...more

Tyson & Mendes LLP

Inaugural Nuclear Verdicts Defense Institute Announced: First and Only Trial Academy for Civil Defense Attorneys Set for June...

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SAN DIEGO (March 14, 2022) – The inaugural Nuclear Verdicts Defense Institute will take place June 23-26, 2022, in San Diego, led by an esteemed faculty of legal defense experts, including top trial attorneys, a specialist in...more

Holland & Hart - Your Trial Message

Take the Medicine: Three Steps to Pre-empting Your Witness’s Bad Stuff

You have your witness on the stand in direct examination. You have finished laying out the positive story that you want to tell, but you have one more thing to do before handing that witness over to the other side...more

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