News & Analysis as of

Litigation Strategies Best Practices Witnesses

U.S. Legal Support

Best Practices for Using Trial Technology

U.S. Legal Support on

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

Esquire Deposition Solutions, LLC

Sanctioning Deposition No-Shows in 2025

The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more

Esquire Deposition Solutions, LLC

What to Include in a Deposition Letter

The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more

Holland & Knight LLP

The Basics of Opening Statements

Holland & Knight LLP on

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

Esquire Deposition Solutions, LLC

How to Navigate Common Remote Deposition Trouble Spots

Even today some attorneys approach remote depositions with a small measure of trepidation. They worry that the lack of physical proximity diminishes their ability to engage with the deponent. They wonder how they can...more

IMS Legal Strategies

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

IMS Legal Strategies on

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

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

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

Increase Your Witness’s Confidence Level: Seven Ways

Sometimes greater confidence is the last thing a witness needs. When your fact or expert witness is arrogant, unprepared, or careless about their upcoming testimony, they might need a reality check through a preparation...more

Holland & Hart - Your Trial Message

Treat Trust as a Layered Thing

The government often plays a background role in civil litigation. An action, decision, or product from one party might meet the government’s regulations, for example. The question that raises is “Are the regulators trusted?”...more

Holland & Hart - Your Trial Message

Project Your Voice

It is one of the central messages of witness preparation: Be confident, because if you’re confident, you’ll be more credible. Once, I got the reply from a witness, “But I don’t feel confident,” and the question, “Should I act...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Holland & Hart - Your Trial Message

Understand the Binary Bias

How do humans assess large sets of evidence? We start by simplifying and internally summarizing. One of the main ways we do that is to boil the information down to a limited number categories, usually two. For example, let’s...more

Holland & Hart - Your Trial Message

Make Your Redirect Something Other Than a Repair Job

Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide