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Young Lawyers Trial Preparation Jury Trial

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Closing Argument: Opportunity and Challenge

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Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more

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Bench Trial vs. Jury Trial: Preparing for Each

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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

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Discover the Benefits of Mock Trials

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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

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How to Select a Jury: Guide for Lawyers

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In most legal battles in the US, the ultimate decisions about guilt or innocence—along with sentencing and other concerns—are made not by attorneys or judges but by the jury panel. The role every citizen is responsible for...more

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Cross-Examination: Finding Control

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination. He emphasizes the need for careful preparation, clear...more

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Direct Examination: Looping and Bookending

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the real-world challenges of direct examination, emphasizing that while the ideal scenario would be a perfectly coherent...more

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Episode 28: Opening Statements: Some Common Challenges

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the complexities attorneys face in crafting an effective opening statement during a trial. He tackles common challenges...more

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Opening Statements: Common Mistakes

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses some common mistakes that lawyers tend to make in opening statements. As he explains, although there’s no such thing...more

Holland & Knight LLP

Opening Statements: Telling the Story

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the importance of connecting with jurors from the beginning of the trial. He explains that an important aspect of drawing...more

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Openings of Openings

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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

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Podcast - Effective Trial Language Part 2: Legalese

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In this episode of his "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the use of legalese in the courtroom. He advises attorneys to avoid using too much legal jargon...more

DRI

The Hidden Forces of Litigation Success: How the Unseen Determines the Outcome

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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

Kilpatrick

A Peek Behind The Curtain: A Litigator’s Experience Serving On A Jury

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As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more

Holland & Knight LLP

Podcast - The Importance of Civility in Trial Law

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with fellow litigation attorney Trish Rich for a conversation on the importance of civility in trial law. Their...more

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Podcast - The Key to a Successful Trial Lawyer

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small divulges the key to being a successful trial lawyer: having a well-organized trial notebook. Mr. Small provides a breakdown of...more

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Podcast - The Five Most Common Faults of Trial Lawyers

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the five most common faults of trial lawyers. Mr. Small acknowledges that every trial is different, but steering...more

Holland & Hart - Your Trial Message

Don’t Hedge

The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more

Holland & Hart - Your Trial Message

Fight Your Stage Fright by Reframing

Since it’s Halloween, let’s consider a frightful topic. Experienced trial lawyers usually get past their stage fright early on, and even come to relish the idea of standing in front of a jury, or most any audience. But...more

Association of Certified E-Discovery...

Ethics Rules for Using Social Media in Legal Matters

Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more

Holland & Hart - Your Trial Message

Speak to the Personal Responsibility Divide

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

Holland & Hart - Your Trial Message

Know Your Trial Message

Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your...more

Holland & Hart - Your Trial Message

Develop Your Story Early

In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at...more

Casetext

Winning Cases With Story

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We’ve heard for decades that lawyers are storytellers, but that goes beyond mere presentation style. Understanding stories can also help you craft a better case strategy. In a recent interview, Professor Ruth Anne Robbins...more

Holland & Hart - Your Trial Message

Be Multi-Modal in Your Courtroom Visuals

These days we’re pretty used to digital displays. What we once did with a marking pen, or later with a computer and printer, can now be displayed more easily, and often more impressively, on a screen. All of us are used to...more

Holland & Hart - Your Trial Message

Tell a Different Story During Closing

Lawyers tend to think of opening statement as the time for stories. But I think you’re telling a story in closing argument as well: not the same story, but a different one. And I don’t mean you should change the facts or...more

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