Living Without Feedback
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
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
Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more
In the courtroom, trial technology has emerged as a powerful tool for lawyers seeking to inform, engage, and persuade jurors. As attention spans grow shorter and jurors’ expectations for high-quality graphics increase, visual...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
As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more
Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more
If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when...more
Kyle Rittenhouse, the then-minor charged with killing two and wounding a third at a protest in Kenosha Wisconsin in the Summer of 2020, took the stand in his own defense at his trial yesterday. The case is a kind of litmus...more
I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to me with feedback and ideas for new posts. Honestly, I don’t think I could...more
In the current wave of this pandemic year, as many trials and in-person jury research projects are on hold, the social science research has continued. I’m thankful for that, and for this post, I want to appreciate a new study...more
This past Friday and Saturday, June 26-27, an unusual exercise was held, exploring both the promise and the perils of a fully online jury trial. The Online Courtroom Project, which I am a part of, conducted an eight-hour...more