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Podcast - Cross-Examination of Expert Witnesses [Video]

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

Cross-Examination: The Three C’s of Impeachment [Video]

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

Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement [Video]

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

Cross-Examination: Asking the Right Leading Questions [Video]

In the latest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the art of cross-examination, focusing on the strategic use of leading questions. Through practical insights and...more

Podcast - Cross-Examination: The Importance of Organization [Video]

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of preparation and organization when engaging in cross-examination. Mr. Small addresses the various...more

Podcast - Cross-Examination: Basic Approaches [Video]

In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines nine basic approaches attorneys can incorporate when conducting a cross-examination. He encourages...more

The "Why" of Cross-Examination [Video]

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers the crucial role of cross-examination and its impact on our justice system. In the episode, Mr. Small explains the...more

Basic Points to Consider in Redirect Examination [Video]

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

Direct Examination: Offering Exhibits [Video]

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small provides a comprehensive guide on effectively introducing and utilizing exhibits during trials. He outlines a six-step process...more

Direct Examination: Looping and Bookending [Video]

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

Podcast - Direct Examination: Getting Rid of Clutter [Audio]

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

Direct Examination: Asking Questions in the Right Order [Video]

In the latest episode of the "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares insights on strengthening direct examinations. He stresses that every question should advance testimony in a...more

Direct Examination: To Lead or Not to Lead [Video]

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores how to avoid asking leading questions during direct examination. The Federal Rules of Evidence state that lawyers should...more

Podcast - The Basic Elements of Direct Examination [Audio]

In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines the basics of an effective direct examination. He walks listeners through the six key elements of a well...more

Episode 28: Opening Statements: Some Common Challenges [Video]

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

Opening Statements: Common Mistakes [Video]

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

Opening Statements: The Prohibition Against Argument [Audio]

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more

Opening Statements: Telling the Story [Video]

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

Openings of Openings [Video]

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

The Basics of Opening Statements [Video]

Litigation attorney Dan Small continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips...more

Effective Trial Language Part 3: Jargon [Video]

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the use of jargon within a courtroom. Mr. Small goes over the negative impact that it can have on the jury and...more

Effective Trial Language Part 3: Jargon [Video]

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the use of jargon within a courtroom. Mr. Small goes over the negative impact that it can have on the jury and...more

Podcast - Effective Trial Language Part 2: Legalese [Audio]

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

Podcast - Effective Trial Language Part 1: Noise [Audio]

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of being concise in the courtroom. He describes how to eliminate unnecessary words and noise so the...more

Dealing with Evidence of Time, Distance and Speed [Video]

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the critical importance of establishing and relaying accurate measures of time, distance and speed in the...more

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