Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
Podcast - Direct Examination: Getting Rid of Clutter
Podcast - The Differences Between Persuasion and Argument
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
What Litigants Need to Know about Summary Judgment
What to Do When an Employee Receives a Subpoena
Proof in Trial | A Hogan Lovells podcast series
Podcast: What Witness Preparation Means
Podcast: Raise Your Right Hand, Miss Lillian
IP|Trend: Inter Partes Review: Is it Litigation or Something Else?
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
When I told my clerkship adviser in 2015 that I was hoping to land a federal district court clerkship in or around Washington, DC (my husband was threatening to leave me if I made him move cross-country again, only mostly...more
Baker Donelson Associate Nick Diegel sat down with the Firm's Professional Development Shareholder, Cameron Hill, to discuss his recent trial experience. Nick shares how he prepared for his trial and lessons learned from one...more
After shutting down for much of 2020 to protect public safety during the COVID-19 pandemic, courts across the country have slowly and cautiously reopened their courtrooms in 2021 to hold virtual and in-person trials in an...more
You've completed discovery and motions practice and are now preparing a case for trial, where being prepared is often the key to success. As a new litigator, what should you keep in mind when preparing a case for trial?...more
Baker Donelson Shareholder and former board member Charles K. Grant is a seasoned, successful trial attorney as well as an involved and committed member of the bar. In 2014, he became the first African American president of...more
During a judicial career that spanned more than 25 years, Carlton Fields Shareholder Peter Webster presided over numerous jury trials as a circuit judge and authored hundreds of appellate opinions following his appointment to...more
During my thirty plus years of practice, I have come across many articles and lectures opining on what it takes to plan successfully for trial or arbitration. Many experts analogize trial or arbitration preparation to the...more
Litigation is often complex and often unwanted. So sometimes, you want someone to manage that litigation to a swift and clear conclusion. Other times, however, the forum of the trial is actually what is best for your client....more
During my fifteen years as a Judge, I have heard the testimony of hundreds of witnesses in all types of proceedings. As a trial attorney in private practice, I prepared a great number of witnesses to testify. Even with the...more
In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The...more
It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective...more
In United States v. Monsalvatge (Nos. 14-1113, 14-1139, and 14-1206), a divided panel of the Second Circuit explored the contentious topic of introducing blockbuster films as evidence in a criminal prosecution. Defendants...more
From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in...more
We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more
Don’t assume that just because your argument is clearly reflected somewhere in the record that it is preserved for appeal. Often for purposes of preservation, the procedural context for the argument is just as important as...more
For trial lawyers, hostile adversaries are par for the course. But judges are supposed to be irreproachably impartial, right? That is, after all, the very cornerstone of our judicial system. So when you find yourself trying...more
A recent case reminds litigators to be diligent in protecting their clients’ due-process rights when narrowing a case for trial or risk forfeiting the right to trial altogether. In Nuance Communications v. ABBYY USA Software...more
While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often...more
According to the study, based on information gained through the PACER federal court electronic filing system, 68 percent of all lawyers appearing in the 2013 civil cases were men, and 32 percent were women. But 76 percent of...more
Game of Thrones watchers know its quasi-Medieval Westeros as a remarkably harsh, unforgiving world. There’s just not a lot of room for error. In fact, if you’re a character and lose your head (figuratively), you just might...more