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Best Practices Trial Practice Guidance Opening Statements

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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

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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

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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

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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

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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

Holland & Hart - Your Trial Message

Compliment in Order to Persuade

I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to me with feedback and ideas for new posts. Honestly, I don’t think I could...more

Holland & Hart - Your Trial Message

Reduce Resistance, Tell Stories

In legal settings, the emphasis is often on the positive act of giving arguments and evidence for a given outcome: Share the proof and the reasons to believe, and let those appeals work their magic on your audience. But there...more

Holland & Hart - Your Trial Message

Add a Plot Twist to Your Trial Story

We know that movie viewers love a plot twist. A surprising turn of events can make a movie memorable, and in films like “The Usual Suspects,” or “The Sixth Sense,” your understanding and perspective on a story can suddenly...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

Holland & Hart - Your Trial Message

Be Thankful (Jurors Like You Better That Way)

In the current wave of this pandemic year, as many trials and in-person jury research projects are on hold, the social science research has continued. I’m thankful for that, and for this post, I want to appreciate a new study...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

Adapt to Evolving Attention

You’ve probably seen the claim, but is it really true that our attention spans are becoming shorter than that of a goldfish? Last year, the presentation software company called Prezi released its 2018 State of Attention...more

Holland & Hart - Your Trial Message

Thank Your Jurors…Just Don’t Go Overboard

I remember once sitting in court early into the defense opening statement, and the attorney was busy thanking the jurors, again. Even though they had already heard the spiel from the other side, and from this attorney’s...more

Holland & Hart - Your Trial Message

Defendants, Include a “Here’s What You Haven’t Heard” in Your Opening Statement Introduction

The law allows counsel on the other side to deliver their opening statement first, so they get the early opportunity to tell you their story. But, there are two sides to every story. And, despite all you have heard, I...more

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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

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Stop Saying “What I Say Isn’t Evidence”

Sitting in a courtroom during a recent trial, I had the opportunity to hear opening statements from both the Plaintiff and the Defendant. Both sides devoted a portion of their time during these openings to stress 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

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Tap Into Your Jurors’ Reward System

Next time you’re in a public place, look around at all the people and what they’re doing. Looking at their phones? Yes! Nearly all of them. Now, some might be working. Some could be keeping up on the news or reading great...more

Holland & Hart - Your Trial Message

Lose the Lectern

First, a pet peeve I just have to get off my chest: It is not called a “podium,” it is called a “lectern.” A podium is a platform that you stand on in order to be seen by an audience. And if you don’t believe me (because you...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

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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

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

Use Present Tense

You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...more

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