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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

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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

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

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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

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

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

Holland & Hart - Your Trial Message

First Answer in Direct: Introduce Yourself to the Jury

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

Holland & Hart - Your Trial Message

Witnesses: Know that Certainty Matters as Much as Accuracy

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

Holland & Hart - Your Trial Message

Witnesses: Protect Yourselves Against the “Just Answer Yes or No” Instruction

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

Holland & Hart - Your Trial Message

Witnesses, Don’t Be Surprised by Surprises

So you’re preparing for your trial testimony, and the discovery has been voluminous. Out of the mountain of documents that opposing counsel might wave at you, there are a handful that are most likely to be relevant to you....more

Holland & Hart - Your Trial Message

Your Direct Examination: Know the Steps, but Let the Attorney Lead

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

Holland & Hart - Your Trial Message

Know How Your Testimony to the Jury Will Differ from Your Deposition

A typical witness preparing for a civil trial often has only one good reference point for what their experience will be, and that is their deposition. That’s where they met opposing counsel, got a taste of that attorney’s...more

Holland & Hart - Your Trial Message

Opening: Build Your House First, Then Take Aim at Their House

I have worked with more than one defendant who simply could not resist it: Right out of the gate, in opening statement, they come out swinging against the plaintiff. They’re not being honest, they have their own share of...more

Holland & Hart - Your Trial Message

Consider the ‘Message Effect’ of Inviting a Consultant to Help Your Witness

Arriving for the preparation meeting, the witness notices that there’s someone new in the room: a communications consultant. A non-lawyer visiting from out-of-town, the consultant is introduced by the lawyer as a specialist...more

Holland & Hart - Your Trial Message

Witnesses, Add to Your ‘Truthiness’ by Showing Pictures

The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen...more

Holland & Hart - Your Trial Message

Don’t Enter That Time Machine: Ask the Question, “What Would You Have Done Differently?”

“Looking back at this situation, what if anything would you do differently?” Witnesses can be asked that question in a variety of case types: medical malpractice, products liability, contract, fraud, and really anything that...more

Holland & Hart - Your Trial Message

Witnesses: Don’t Rely on ‘Catcher Signals’

At a recent meeting with a witness to prepare for deposition testimony, and after I told the witness (more than once) to keep their answers short and not to stray beyond the question when answering, the witness asked, “Could...more

Holland & Hart - Your Trial Message

Prepare Your Witness Virtually: Seven Best Practices

As we are moving up yet another hill on the pandemic case-count rollercoaster, hopefully the last rise before the final descent into a vaccine landing zone, courts are once again pulling back in–person trials, while lawyers...more

Holland & Hart - Your Trial Message

Train Your Witness to Combat Simplistic Equivalence

God is Love - Love is Blind - Stevie Wonder is Blind -Therefore, Stevie Wonder is God - That’s an exaggerated version of a kind of fallacious thinking that is often used in witness examination. It is a form of the...more

Holland & Hart - Your Trial Message

Witness Prep: Don’t Blur the Line Between Practice and Discussion

Attorney: “To help prepare you for your testimony, let’s review what they’re going to ask about. They’re going to ask about Smith’s performance reviews.” Witness: “Okay, I can talk about these…” Attorney: “Great, so…Why...more

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