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Holland & Knight LLP

Podcast - Refresh vs. Impeach: Know the Difference

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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

Holland & Knight LLP

Podcast - Impeaching with a Deposition

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the...more

IMS Legal Strategies

Witness Prep Goals, Credibility Factors, & Juror Comprehension – Episode 54

IMS Legal Strategies on

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

Holland & Hart - Your Trial Message

Assess Whether Your Witness Is Able to Counterpunch

Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to...more

Holland & Hart - Your Trial Message

Ask Your Online Witness About Their Off-Camera Resources

So you’re conducting a deposition or cross-examination: Where is the witness? Are they right there in the room with you, or are they many miles away in a room with their computer? With the pandemic still raging across the...more

Holland & Hart - Your Trial Message

Adapt to Remote Communication (Including Testimony)

Okay, show of hands: Two weeks ago, how many of you were familiar with Zoom, Webex, GotoMeeting, and/or MS Teams? And how many of you are familiar with them today? These tools for multi-party videoconferencing over the...more

Holland & Hart - Your Trial Message

Examining Attorneys, Keep Your Cool

So you’re conducting the cross-examination, and the witness is fighting like a three hundred pound marlin at the end of your fishing line. And they’re not fighting by legitimately drawing distinctions or by using their own...more

Holland & Hart - Your Trial Message

Testifying in English When It’s Not Your Native Tongue? Use That Advantage

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

Fisher Phillips

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

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The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more

Holland & Hart - Your Trial Message

Beware of Nonverbal Pseudoscience

The witness on the stand pauses before answering, then looks briefly up and to the right while giving a response. While listening to the next question, she places a finger over her lips, angles her head slightly, and raises...more

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