Closing Argument: Opportunity and Challenge
Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
How to Make Clear, Quick and Effective Objections
The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar Criminal Defense Law
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?
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
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
Podcast - Cross-Examination: Basic Approaches
Residential Contractor Boot Camp
The "Why" of Cross-Examination
False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
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
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
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
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
Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on the basics of Criminal Law – that is, the elements of a crime. Specifically, we're going to spend some time diving into the two most important elements:...more
A good argument wins cases and builds your reputation as a persuasive and credible legal professional. Legal writing is crucial for defense attorneys and in-house counsel to present cases and influence outcomes effectively....more
The DRI Life, Health, and Disability Committee is once again sponsoring a program aimed at providing a basic understanding of the concepts applicable to life, health, and disability litigation. The program, which receives...more
Being a young attorney is difficult. Success depends on having the right skillset. This includes tools relevant to the job of being an attorney, but also tools that will allow you to do the job effectively...more
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
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
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
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
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
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
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
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
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
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
For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group,...more
We have all used them. It might be a repeated word or phrase like, “I would say,” “it seems to me that,” or “like.” It might be a repeated sound like “uh,” “um,” “ah,” or “er.” Not all of the speech is content; some of it is...more
A litigation document management database does not have to be disclosed to the other side in a lawsuit, even where that leads to substantial expense and time consequences for a counterparty, the Federal Court of Appeal...more
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
There is one habit of attorneys that promotes precision in analytical thinking, but often interferes with the ability to clearly communicate with the audience. That habit is the tendency to divide points into sub-points, and...more
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
When you are working on boiling down your message, there will often be that indefinable “something” that makes you recognize when you have the right language. A good trial theme, for example, doesn’t just summarize the...more