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
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
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
The lines between witness preparation and improper coaching are gray. According to the ABA, “[T]he task of delineating what is necessary and proper and what is ethically prohibited during witness preparation has become more...more
The most famous quote attributed to arguably the greatest military leader of all time, Napoleon Buonaparte, was “(N)ever interrupt your enemy when he is making a mistake.” Napoleon had many faults, but his ability to see the...more
Today Bloomberg is reporting that one of the attorneys representing convicted FTX founder Sam Bankman-Fried named his client as the worst cross examination witness he has ever seen. That’s quite an indictment in its own...more
Congressional oversight is proving to be a main focus of the 118th United States Congress, with dozens of investigations already underway and congressional committees having held many more oversight hearings since the start...more
30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate...more
The number of remote legal proceedings hit a peak a few years back, but the end of the COVID-19 public health emergency doesn’t mean a reversal to pre-pandemic logistics. While they can have some drawbacks, virtual...more
Despite the ubiquitous advantages of AI-powered eDiscovery, matter management, content analysis, and other solutions, litigation costs and data volumes continue to rise. Is there any end in sight? A traditional tagging and...more
Join us in-person at our Chicago HQ or virtually through Zoom for this two-hour trial tools and preparation boot camp where Nextpoint’s legal technology experts will present invaluable tips and strategies to leverage...more
A good 30(b)(6) can have a dramatic effect on a variety of litigation issues, from privilege issues to dispositive ones. Finding the “right” witness (or group of witnesses) who have the knowledge and skillset to be a good...more
When preparing a witness, there can sometimes be a strong impulse to say, “Just answer the question.” That impulse comes from an appropriate desire to keep things simple, and to keep the witness from wandering or waffling....more
In the latest episode of his "Powerful Witness Preparation" podcast series, Be a Relentlessly Polite Witness, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He warns...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Remember, You Are On The Record, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Witness, Take Your Time, litigation attorney Dan Small begins an in-depth 10-part series on the rules for witness preparation. He explains that there...more
In the fourth episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small shares the three most common reasons why clients think they don't need to prepare for courtroom testimony. Along with...more
In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. It means “first, do no harm” and is the ethical guiding principle in the medical profession. Inherent in this...more
Testifying is difficult enough already. You’re trying to give complete and honest answers while a trained attorney is asking hypotheticals, making distinctions, digging into details, sometimes applying arcane legal standards...more