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
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
When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...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 explains the importance of maintaining control during cross-examination by asking short, clear questions. Mr. Small advises to...more
When it comes to the delicate task of preparing a witness for deposition or trial, everyone has their own style. It is also true that every witness will have their own needs. Some know the drill already and just need to...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic...more
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
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
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
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
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises...more
On episode 20, hosts Tina and Cherie welcome Maynard Nexsen attorneys and former Judges Markley Dennis and Billy Wilkins, both of whom had long careers as public servants. Judge Dennis and Judge Wilkins share their best...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the importance of understanding when to cross-examine. Mr. Small highlights the challenges that come with cross-examination...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the nuanced art of redirect examination, emphasizing its strategic use to mitigate damage and refocus the jury's...more
With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more
The testimony given at a deposition vs. testimony during a trial have a lot in common. They’re both sworn under oath, under penalty of perjury, and part of official court records. There’s a longer list, however, of how they...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
It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony as their trial...more
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
If the word “Shaq” conjures up the image of professional basketball legend and amiable IcyHot liniment pitchman Shaquille O’Neal, you could be missing out on a valuable mnemonic device for preparing witnesses for deposition:...more
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
It’s always seen in courtroom dramas—the smirking attorney who drives a witness into an emotional frenzy that leads to an admission of perjury, guilt, or confusion. The real experience is rarely as flamboyant as TV episodes...more
Before they swear to “tell the truth, the whole truth, and nothing but the truth,” witnesses need to be prepared for the process and challenges of testifying in a trial, deposition, or other legal proceeding. How you...more
Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over...more