In Closing Arguments, Don't Forget to Ask
Getting Rid of Clutter in the Closing Argument
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
How to Make Clear, Quick and Effective Objections
The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar Criminal Defense Law
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?
Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines essential rules for lawyers during closing arguments. He speaks about the importance of not misstating evidence or...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the ninth commandment from the "Ten Commandments of Cross-Examination" coined by Irving Younger. Mr. Small explains why...more
In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the "Ten Commandments of Cross-Examination." Coined by the late Irving Younger, then a professor at...more
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
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
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
In the latest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the art of cross-examination, focusing on the strategic use of leading questions. Through practical insights and...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of preparation and organization when engaging in cross-examination. Mr. Small addresses the various...more
In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines nine basic approaches attorneys can incorporate when conducting a cross-examination. He encourages...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers the crucial role of cross-examination and its impact on our justice system. In the episode, Mr. Small explains the...more
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
In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines the basics of an effective direct examination. He walks listeners through the six key elements of a well...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the complexities attorneys face in crafting an effective opening statement during a trial. He tackles common challenges...more
In the first episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the unwritten rules of trial practice that must be learned through experience and observation over time. Mr....more
Analyzed by legal scholars, cited as precedent for modern international law and medical ethics, and depicted in movies, the tale of the Nuremberg Trials imparts wisdom, reveals uncomfortable truths about the human condition...more
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 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 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
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
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
As you are putting on your case at trial, and you go to call your next witness, there’s always a reaction from the jury box. It’s an opportunity for fresh attention from them, but it is often a bit of a mystery...more
When thinking about the title for this post, I came awfully close to saying that certainty “matters more” than accuracy, but I thought that perhaps it might sound too cynical. But that stronger version is supported by the...more
It sometimes happens in the course of testimony: After what might have been a longer or misdirected answer, the witness will receive a stern admonition from either the questioning attorney, or worse, the judge...more
When preparing for trial testimony, often the focus is on what opposing counsel is going to do. You prepare for cross, naturally enough, because that is an adversarial moment. But my own view is that direct examination should...more
One trait of jurors is that, at the start of a case at least, they are not already savvy about the case’s subject matter. So, how do they learn? Through expert testimony. They won’t necessarily just sign-on to an expert’s...more