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Best Practices Litigation Strategies Young Lawyers

Holland & Knight LLP

Podcast - Voice and Delivery

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the crucial role of confidence and conviction in persuading a jury, highlighting the fine balance between appearing...more

Holland & Knight LLP

Podcast - Crafting Winning Strategies: Theories and Themes in Trials

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the...more

Holland & Knight LLP

Podcast - Borrowing and the Art of Trial Advocacy

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the value of observing other lawyers in action, highlighting trials as opportunities to witness persuasive skills...more

Holland & Hart - Your Trial Message

Learn from Joe Biden’s Debate Destruction: 5 Nonverbal Don’ts

At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination...more

Holland & Knight LLP

Openings of Openings

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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

Holland & Knight LLP

Podcast - Effective Trial Language Part 2: Legalese

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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

Holland & Knight LLP

Podcast - The Key to a Successful Trial Lawyer

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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

Holland & Hart - Your Trial Message

Perfect Your Public Speaking: Six Ways to Reduce Your “Crutch Sounds”

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

Bennett Jones LLP

Litigation Privilege Protects Against Disclosure of Database of Records

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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

Holland & Hart - Your Trial Message

Don’t Hedge

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

Holland & Hart - Your Trial Message

Appreciate the Nuance of a Theme

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

Holland & Hart - Your Trial Message

Speak to the Personal Responsibility Divide

On one end of the spectrum, there are specific beliefs jurors might hold on an issue. More generally, then there are attitudes that cover and predict many of those different beliefs. Even more generally, there is the...more

Holland & Hart - Your Trial Message

Develop Your Story Early

In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at...more

Holland & Hart - Your Trial Message

Tell a Different Story During Closing

Lawyers tend to think of opening statement as the time for stories. But I think you’re telling a story in closing argument as well: not the same story, but a different one. And I don’t mean you should change the facts or...more

Holland & Hart - Your Trial Message

Account for Juror Malaise

Nearly 40 years ago, in 1979, during the country’s energy crisis, President Jimmy Carter gave what is now called the “Malaise Speech.” Without using that word, he spoke of “a crisis of confidence” that “strikes at the very...more

Holland & Hart - Your Trial Message

Improve Your Storytelling: Seven Ways

So you have worked up your case for trial and, now the question is, what is the best way to convert all of that factual detail and law into comprehension and persuasion? The answer you’ve probably heard since your first trial...more

McManis Faulkner

The Appellate Oral Argument

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The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more

Holland & Hart - Your Trial Message

In Opening, Dispense With “The Evidence Will Show”

Unlike many other moments in trial, the opening statement is often defined in terms of what it isn’t. It isn’t evidence, and it isn’t argument. So, what is it? It is a preview of what the evidence will be. That creates a...more

Holland & Hart - Your Trial Message

Connect with Jurors: Five Practical Ways

We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more

Holland & Hart - Your Trial Message

Think About Your Juror’s Epistemology

“Epistimology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those...more

Holland & Hart - Your Trial Message

Careful Defendants, the ‘Reverse Reptile’ Could Be a Boomerang

The Reptile approach to trying plaintiffs’ cases has been around for a decade. It is now expected that many of those seeking damages in products, medical liability, and other personal injury cases, will use a persuasive...more

Holland & Hart - Your Trial Message

Make It Chunky: Eight Best Practices for a Structure that Sticks

It is one of those factors of advocacy that is understood at a basic level, but not practiced at an effective level: Structure. Whenever you are verbally presenting — opening statement, closing argument, oral argument, CLE’s...more

Holland & Hart - Your Trial Message

Think About Transitions

It is one of the basics emphasized in your first public speaking class: Have a clear transition between your main points. But it is also a rule that many experienced communicators set aside or start taking for granted. As you...more

Holland & Hart - Your Trial Message

Don’t Let Your Apologies Make You Sorry: The Trial Message Checklist

It must be the season for corporate apologies. Twitter is sorry that it allowed itself to be a home for hate groups for so many years. Facebook is sorry that it was a gateway to companies like Cambridge Analytica and a host...more

Holland & Hart - Your Trial Message

Female Attorneys: Don’t Expect Anger to Work (as Well) for You

One way to stir up a controversy is to talk about the social expectations that apply to female litigators. The ABA Journal recently played host to that discussion after an article by Debra Cassens Weiss on showing anger in...more

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