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Trial Advocacy in the Modern World
Closing Argument: Opportunity and Challenge
Direct Examination: Looping and Bookending
Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast
Opening Statements: Telling the Story
Openings of Openings
The Basics of Opening Statements
Effective Trial Language Part 3: Jargon
Podcast - Effective Trial Language Part 2: Legalese
Why Demonstrative Aids Are Critical in Every Case
Showing Exhibits to the Jury
Key Lessons and Takeaways for Jury Trials
Overcoming Safetyism & the Plaintiff Media Machine - IMS Insights Podcast Epsiode 66
Podcast - Basic Courtroom Etiquette
Podcast - The Five Most Common Faults of Trial Lawyers
Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
Uncovering Juror Bias, Counteracting Nuclear Verdicts, & the Future of Massive Damages – IMS Insights Podcast Episode 47
When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm,...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the importance of feedback for trial lawyers and the challenges they face in obtaining it. Mr. Small explains that trial...more
I know, I know, there’s a very good chance that every election in your lifetime has been billed as the “most important election in your lifetime.” But when it comes to next week’s election, that hyperbole just might be...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores three pivotal trends that have significantly impacted courtroom advocacy in recent years: the digital revolution,...more
First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more
Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more
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
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the real-world challenges of direct examination, emphasizing that while the ideal scenario would be a perfectly coherent...more
This is the third in a series of articles presenting the "Theory of Core Values" as an explanation of how jurors reach their verdicts. I developed this theory over the past 40 years as a trial lawyer, law school professor,...more
Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the...more
On February 26, 2024, the California Supreme Court issued an opinion in TriCoast Builders, Inc. v. Fonnegra (S273368), whereby the Court affirmed the judgment and determined the trial court did not abuse its discretion in...more
In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of...more
By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the importance of connecting with jurors from the beginning of the trial. He explains that an important aspect of drawing...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more
Litigation attorney Dan Small continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the use of jargon within a courtroom. Mr. Small goes over the negative impact that it can have on the jury and...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the use of legalese in the courtroom. He advises attorneys to avoid using too much legal jargon...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses why demonstrative aids are critical in every case. Mr. Small shares why he believes simple demonstratives, when...more
There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights seven basic ways to effectively show a document or other exhibit to the jury. Mr. Small shares why the...more
On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Jason Bloom, a jury consultant and the founder and president of Bloom Strategic Consulting Inc., for an...more
Wouldn’t it be helpful if potential jurors entered the selection room with a t-shirt that named all the various prejudices, preconceptions, and core beliefs they hold that could impact your case? While it might make for a...more