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Best Practices Trial Practice Guidance

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Best Practices for Using Trial Technology

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Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more

Holland & Knight LLP

Podcast - Parting Thoughts: Be a "Peddler of Common Sense"

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on essential principles for trial lawyers, emphasizing the importance of clarity and organization in presenting...more

Farrell Fritz, P.C.

Preparation Is Everything: Commercial Division Advisory Council Proposes New Model Pre-Trial Order for Trials in the Commercial...

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Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability.  This includes the rules governing trial...more

Holland & Knight LLP

Podcast - How to Use Humor and Anger Effectively in the Courtroom

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the dangers of using both humor and sarcasm in the courtroom, while also recognizing the need to incorporate them in...more

Holland & Knight LLP

Podcast - At Trial, Less Is More

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex, and...more

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 & Knight LLP

This Extraordinary Process Called "Trials"

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom...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 & 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 & 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

The Basics of Opening Statements

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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

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 & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

Holland & Knight LLP

Podcast - Bringing Mindfulness and Best Practices to Trial Law

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by intellectual property and litigation attorney Joshua Krumholz to discuss the ins and outs of trial law. With...more

Holland & Knight LLP

Podcast - The Different Ways Lawyers Prepare Notes for Trial

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why trial lawyers should always prepare notes before a case. Mr. Small doubles down on the important role notes play...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 & Knight LLP

Podcast - The Unwritten Rules of Trial Practice

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In the first episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the unwritten rules of trial practice that must be learned through experience and observation over time. Mr....more

IMS Legal Strategies

The Sky’s the Limit: The Many Ways Drone Footage Can Benefit Your Case

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If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more

IMS Legal Strategies

Communicating to the Visual Learners on the Jury

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Visual presentations have become the most effective communication tools for explaining complex stories to audiences. The heavy use of social media platforms has wired some modern viewers to become visual learners. When these...more

IMS Legal Strategies

The Reptile Brain Strategy: Why Lawyers Use It and How to Counter It

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Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more

IMS Legal Strategies

What Is Causing Today’s Massive Verdicts—and What Can We Do About It?

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Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more

Nextpoint, Inc.

The Hotseat: 5 Considerations When Hiring A Trial Technician

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A “hotseater,” or trial technician, will allow you to focus on delivering a winning argument by taking care of the technical aspects of trial presentation....more

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