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
Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more
En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés recibe al invitado Víctor Cabezas, autor de Leyes y leyendas: Siete juicios que cambiaron la historia. El Sr. Cabezas habla sobre su fascinación por...more
As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...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 this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination. He emphasizes the need for careful preparation, clear...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the impact of verbal clutter in legal proceedings. He stresses the importance of asking concise, clear questions,...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the differences between persuasion and argument that every trial lawyer should know. In the episode, Mr. Small...more
Question: How did the jury arrive at the decision to award the plaintiff $20 million in damages? Actual Juror #1: We came up with a percentage approach, and that’s what we all discussed. We started with what she was asking...more
Fridays loom large in every courtroom. For a trial lawyer, they are a chance to reassess the case’s progression, end a strong week of witnesses on a flourish, or implicitly press jurors for a quick verdict. And of course, the...more
While views may vary, we believe firmly that witness preparation should involve asking witnesses the tough questions, for several reasons: First, we would argue it is better to pose a tough or uncomfortable question up...more
The role of the trial technician—sometimes referred to as a courtroom technology specialist, trial consultant, or hot seat operator—is to quickly find and display documents and video, thus enabling seamless presentation by...more
IMS Strategy Consultant Dr. Clint Townson discusses the benefits of early case theme development and the factors leading jurors to award massive damages....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
No legal presentation is ever like another. Sometimes attorneys handle dry, complicated intellectual property matters; other times, emotional personal injury cases. ...more
The crux of an efficient pre-trial strategy is recognizing that it begins when suit is filed and continues – and morphs – throughout each stage of the litigation, right up to when your attorneys thank the jury for their time...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
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
Here’s an intuitive belief that many who work in the field of law might adhere to: More information leads to better decisions. Those who work in the social sciences, however, know that this does not always hold true. Based on...more
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
A few years ago, I had the opportunity to attend every day of a civil trial, and then interview all of the jurors at the end of their service. I planned out a very comprehensive interview for each of them, including running...more
Baker Donelson Shareholder and former board member Charles K. Grant is a seasoned, successful trial attorney as well as an involved and committed member of the bar. In 2014, he became the first African American president of...more
Prior to deposition or trial testimony, it is common for witnesses to have one or more meetings. These are sessions with their attorneys, and sometimes with others including trial consultants or client representatives. One...more
When testifying, there are some situations where a “less is more” rule applies. In a deposition, for example, you don’t want to aid the other side, and will often prefer conciseness. However, when undergoing cross-examination...more
So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is...more