Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Podcast - Direct Examination: Getting Rid of Clutter
The Basics of Opening Statements
Exuding Credibility in the Courtroom
Bar Exam Toolbox Podcast Episode 233: Listen and Learn -- Impeachment (Part 2)
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54
Live Trials During the COVID-19 Pandemic: What’s Changed?
Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures
Podcast - Listen for the Song in Your Witness' Head
Podcast: What is a Deposition?
The "Compass Rose" Method for Corporate Witness Interviews
Podcast: Witness Preparation is Okay
Podcast: Bridging the Gap
Podcast - Rule 6: If You Don't Remember, Say So
Podcast - Rule 4: Be a Relentlessly Polite Witness
Podcast - Rule 2: Remember, You Are On The Record
Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more
As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more
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
In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more
Trial graphics are instrumental in conveying your story to today’s jurors. Presenting an understandable argument to a jury usually involves technology-driven visual communication in the form of demonstrative exhibits and...more
Gen Z attorneys are often extremely valuable, hard-working additions to your trial team. We are sure many of our clients would agree, as we worked alongside quite a few truly impressive young trial attorneys....more
Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick look at a significant workplace law issues that can impact manufacturers. This edition will focus on workplace investigations and how...more
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
Nearly 150 years after Miles Bartholomew introduced the first shorthand machine, the various technologies and tools utilized to record court proceedings and legal matters continue evolving. Today, realtime deposition...more
I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine:...more
You’re sitting in your dorm room (or office), putting the finishing touches on an assignment, when an email from your university’s Title IX office appears in your inbox. As you read it, your heart sinks: a student you briefly...more
This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more
State v. Rodner, 2024 WL 832307 - The defendant-appellant appealed his conviction for failure to yield the right of way after a trial de novo in the Law Division, arguing that the responding officer provided impermissible...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
This blog post is the first in a series on common ethical challenges that arise when preparing for and conducting depositions. Social media offers such a wealth of details about a person’s circumstances and beliefs that...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
Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more
The Michigan Court of Appeals recently affirmed a trial court’s dismissal of certain claims by franchisees Red Fit, LLC and Cali Red, LLC against franchisor Red Effect International Franchise, LLC based on a release of...more
A corporate deposition authorized by Fed. R. Civ. P. 30(b)(6), and similar state rules[1] is a powerful discovery device with far-reaching implications. Entities served with such a notice face significant burdens to select...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
When preparing for trial, depositions play a foundational role, critical to the discovery phase. After the deposition, having a succinct, accurate deposition summary is a strategic component of developing and refining case...more
The reversal of the 2020 rape conviction of Harvey Weinstein was a major blow to the Me Too Movement his conduct helped start. Whether New York’s highest court was correct in its 4 to 3 decision will nevertheless force the...more
Depositions are expected in divorce or family law matters. All sorts of witnesses may be deposed. Depositions of the parties themselves are usually expected. Further, the deposition of third-party witnesses or expert...more
Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more
I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D....more