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Trials Cross Examination Witness Preparation

Holland & Knight LLP

Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement

Holland & Knight LLP on

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

IMS Legal Strategies

Witness Testimony Themes, Cross Examination, & Preparation Consultants – Episode 55

IMS Legal Strategies on

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 Legal Strategies

Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55

IMS Legal Strategies on

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

Holland & Hart - Your Trial Message

Witnesses, Don’t Create Obstacles to a Positive Perception

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

Holland & Hart - Your Trial Message

Witnesses: Know that Certainty Matters as Much as Accuracy

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

Holland & Hart - Your Trial Message

Direct Examination: Start With a Goal, Not an Outline

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

Holland & Hart - Your Trial Message

Trial Witnesses, Un-Lead the Questions

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

Holland & Hart - Your Trial Message

Witnesses, Don’t Succumb to Shame

The witness is somewhat slumped in the chair as the cross-examination bears down on him. As the defendant, he knows he is the focus, the civil law’s version of “the perp.” As he is confronted with each of the plaintiff’s...more

NAM (National Arbitration and Mediation)

3 Key Components For A Successful Trial Or Arbitration: Preparation, Anticipation, Execution

During my thirty plus years of practice, I have come across many articles and lectures opining on what it takes to plan successfully for trial or arbitration. Many experts analogize trial or arbitration preparation to the...more

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