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
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
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
In the final episode of his "Ethical Witness Preparation" podcast series, "The Ethical Witness: Ethical Deposition Conduct," litigation attorney Dan Small discusses the importance of ethical conduct during a deposition. Mr....more
In the latest episode of his "Powerful Witness Preparation" podcast series, Listen for the Song in Your Witness’ Head, litigation attorney Dan Small shares how to bridge the disconnect between what a lawyer believes their...more
In the latest episode of his "Powerful Witness Preparation" podcast series, What is a Deposition, litigation attorney Dan Small clears up any confusion surrounding what a deposition actually is. He explains that the...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Witness Preparation is Okay, litigation attorney Dan Small shares how to overcome the misconception that preparing for trial is cheating the system....more
In the latest episode of his "Powerful Witness Preparation" podcast series, Bridging the Gap, litigation attorney Dan Small shares how to overcome the difficulties of bridging the gap between normal conversation and...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Playing the Guessing Game is a Losing Strategy, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness...more
In the latest episode of his "Powerful Witness Preparation" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains...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
OIG Advisory Opinions -
Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized -
On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more
9/6/2017
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Witness Preparation
In this series of articles, Mr. Small sets forth 10 time-tested rules to assist in the critical task of preparing witnesses.
The first rule for any witness, the rule from which all else flows, is to take your time....more
Originally published in The Dispute Resolver, September 2012
Not so long ago, persuading construction industry executives and managers that they needed extensive preparation before testifying in a legal proceeding was...more