More on Cross-Examination: Building a Case Brick by Brick
Podcast - Refresh vs. Impeach: Know the Difference
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
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
Understanding When to Cross-Examine
Basic Points to Consider in Redirect Examination
Podcast - Direct Examination: Getting Rid of Clutter
Exuding Credibility in the Courtroom
Podcast - The Differences Between Persuasion and Argument
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54
Podcast - Ethical Deposition Conduct
Podcast: Science in the Courtroom
Podcast - Listen for the Song in Your Witness' Head
Podcast: What is a Deposition?
Podcast: Witness Preparation is Okay
Podcast: Bridging the Gap
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
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
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
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
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
The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the...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
You’ve read countless legal articles on how to tactically improve your approach to litigation- like defeating Nuclear Verdicts and the Reptile theory. These topics address objective criterion without much consideration of the...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
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
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
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
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 joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more
As we begin to take stock of and conduct research on the effects on the pandemic adaptations, it is important to keep an essential principle in mind: The research on pandemic adaptations is not just about the pandemic...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
It’s America’s case of the moment: Johnny Depp and Amber Heard, Hollywood’s former power-couple, now exchanging accusations of physical abuse in a Fairfax, Virginia courtroom. The defamation case initially brought by Depp has...more
SAN DIEGO (March 14, 2022) – The inaugural Nuclear Verdicts Defense Institute will take place June 23-26, 2022, in San Diego, led by an esteemed faculty of legal defense experts, including top trial attorneys, a specialist in...more
You have your witness on the stand in direct examination. You have finished laying out the positive story that you want to tell, but you have one more thing to do before handing that witness over to the other side...more