In Closing Arguments, Don't Forget to Ask
Getting Rid of Clutter in the Closing Argument
Leyes y Leyendas: 7 Juicios que cambiaron la historia
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Impeaching with a Deposition
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: Finding Control
Podcast - Cross-Examination: Don't Argue - Elicit Facts
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 "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 this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses some common mistakes that lawyers tend to make in opening statements. As he explains, although there’s no such thing...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
We have all used them. It might be a repeated word or phrase like, “I would say,” “it seems to me that,” or “like.” It might be a repeated sound like “uh,” “um,” “ah,” or “er.” Not all of the speech is content; some of it is...more
The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more
When you are working on boiling down your message, there will often be that indefinable “something” that makes you recognize when you have the right language. A good trial theme, for example, doesn’t just summarize the...more
In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at...more
Lawyers tend to think of opening statement as the time for stories. But I think you’re telling a story in closing argument as well: not the same story, but a different one. And I don’t mean you should change the facts or...more
So you have worked up your case for trial and, now the question is, what is the best way to convert all of that factual detail and law into comprehension and persuasion? The answer you’ve probably heard since your first trial...more
Unlike many other moments in trial, the opening statement is often defined in terms of what it isn’t. It isn’t evidence, and it isn’t argument. So, what is it? It is a preview of what the evidence will be. That creates a...more
We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more
“Epistimology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those...more
It is one of those factors of advocacy that is understood at a basic level, but not practiced at an effective level: Structure. Whenever you are verbally presenting — opening statement, closing argument, oral argument, CLE’s...more
It is one of the basics emphasized in your first public speaking class: Have a clear transition between your main points. But it is also a rule that many experienced communicators set aside or start taking for granted. As you...more
The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments...more