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Litigation Strategies Trial Preparation

Farrell Fritz, P.C.

An Evening with New York’s Commercial Division Justices 2024: Takeaways & Insights

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As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division...more

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more

U.S. Legal Support

Best Practices for Preparing an Expert Witness for Deposition

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As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more

Holland & Knight LLP

Closing Arguments: Focus and Organization

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In this episode of "The Trial Lawyer's Handbook" podcast, Partner Dan Small shares insights on crafting persuasive closing arguments. Mr. Small emphasizes the importance of organization, preparation and effective time...more

Esquire Deposition Solutions, LLC

Five Strategies to Optimize Exhibits for Remote Depositions

Litigators don’t always have control over the outcome-determinative evidence in their cases. Often, contracts, accident reports, photographic images, and other critical bits of evidence have in most cases already been created...more

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How to Write an Engaging Opening Statement

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First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more

Holland & Knight LLP

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

U.S. Legal Support

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

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

Holland & Hart - Your Trial Message

Avoid Legalese, and Other ‘Magic Spells’

Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and...more

Holland & Knight LLP

How to Make Clear, Quick and Effective Objections

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small addresses the art of making effective objections during trial, highlighting the importance of preparation, quick thinking and...more

Tyson & Mendes LLP

United Defense: Collaborating to Combat Nuclear Verdicts®

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In today’s legal landscape, the defense industry faces the unprecedented challenge of Nuclear Verdicts®. They pose a financial threat to businesses and individuals alike. It is vital for defense attorneys to embrace a...more

U.S. Legal Support

Role of a Hot Seat Operator in Trials

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Hot seat operator, trial technician, trial presentation specialist,  courtroom presentation specialist—a rose by any other name is just as critical to helping you gain a winning edge. Today’s trials, whether bench or jury...more

U.S. Legal Support

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

Holland & Knight LLP

More on Cross-Examination: Building a Case Brick by Brick

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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

IMS Legal Strategies

Quick Tips For Preparing Your Trial Support Budget

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Various “up in the air” factors can potentially boost costs during trial, but most clients will still ask counsel to forecast their budgets. While this request is reasonable, it is not always easy to fulfill....more

Holland & Knight LLP

Podcast - Cross-Examination: Don't Ask One Question Too Many

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the ninth commandment from the "Ten Commandments of Cross-Examination" coined by Irving Younger. Mr. Small explains why...more

Holland & Hart - Your Trial Message

Keep Your ‘Three Hats’ Straight in Witness Prep: Counsellor, Teacher, Coach

When it comes to the delicate task of preparing a witness for deposition or trial, everyone has their own style. It is also true that every witness will have their own needs. Some know the drill already and just need to...more

Holland & Knight LLP

Podcast - The Ten Commandments of Cross-Examination

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In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the "Ten Commandments of Cross-Examination." Coined by the late Irving Younger, then a professor at...more

Planet Depos, LLC

Top Tips for Your Next Deposition in Asia

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As the only global court reporting firm with U.S.-trained, native English-speaking resources living on the ground in Asia, we provide exceptional service at competitive rates, whether your deposition is in-person, remote or...more

McDermott Will & Emery

Trial Lawyer Q&A - On the Stand With Peg Warner

Peg Warner has tried over 50 cases spanning jury trials (including one that lasted nearly five months), bench trials and arbitration hearings. She has served as first-chair counsel in state and federal courts in over 30...more

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

U.S. Legal Support

How to Introduce and Present Exhibits at Trial

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Trial attorneys often invest in their presentation game—eliminating ticks, getting over public speaking nerves, and dressing to hit the just-right level of professionalism. Presentation, after all, is key to not only holding...more

U.S. Legal Support

How to Conduct Voir Dire: A Practical Guide

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The literal translation of the French phrase voir dire is “to speak the truth.” In law, it’s the process of questioning an individual prior to jury duty or witnessing to determine their suitability....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

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