Young Lawyers, Defense Strategies, Voir Dire

Openings of Openings

Holland & Knight LLP on 2/20/2024

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more

Speak to the Personal Responsibility Divide

Holland & Hart - Your Trial Message on 9/23/2019

On one end of the spectrum, there are specific beliefs jurors might hold on an issue. More generally, then there are attitudes that cover and predict many of those different beliefs. Even more generally, there is the...more

Think About Your Juror’s Epistemology

Holland & Hart - Your Trial Message on 1/22/2019

“Epistimology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those...more

Rebuttal: End With Your “Untouchables”

Holland & Hart - Your Trial Message on 8/23/2018

The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments...more

Attitudes on Race: Consider that the Dog Whistle May No Longer Be Necessary

Holland & Hart - Your Trial Message on 6/18/2018

How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you...more

Avoid Juror Self-Sabotage

Holland & Hart - Your Trial Message on 5/25/2018

Several years ago, I sat in a courtroom in Pennsylvania, assisting the defense in a capital murder jury selection. The process was involved, and potential jurors were interviewed one at a time after completing a comprehensive...more