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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 - The 3 Core Themes of Trial Law: Do the Right Thing

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience working in the Hyattsville, Maryland, Magistrate's Court and handling everyday cases involving ordinary...more

Holland & Hart - Your Trial Message

Attend to Your Jury

A couple of weeks ago, I was in court to help pick a jury in a high-value case. During that early phase of jury selection, the gallery was full to capacity with potential jurors, the counsel and parties were present, the...more

Dinsmore & Shohl LLP

Against All Odds- Part Four

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After three weeks of an intense trial, a federal murder case defended by Dinsmore trial attorneys Kenyon Meyer and Philip Longmeyer went to the jury. Their client, Bobby Smith, was facing life in prison for a woman’s 2016...more

Holland & Knight LLP

Podcast - Expert Witnesses, Special Issues

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more

Chartwell Law

Where Appeals Begin

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I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

Holland & Knight LLP

Podcast - Direct Examination of Expert Witnesses

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components...more

Holland & Hart - Your Trial Message

Show (a Little) Facial Expression in Court

It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has...more

Holland & Knight LLP

Podcast - Drowning in Complexity

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how complex trials often leave jurors feeling overwhelmed and disengaged. He emphasizes that lawyers frequently...more

Holland & Knight LLP

Podcast: Part I - Reading the Jury

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In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Paul Kiernan, a partner at Holland & Knight and chair of the firm's Public and Charitable Service...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 - Connecting Separate Pieces of Evidence Clearly, Persuasively

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers...more

Holland & Knight LLP

Podcast - Getting Dressed for Court

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about the importance of one's appearance while in the courtroom. He especially emphasizes that the wrong clothing can be...more

NAM (National Arbitration and Mediation)

Mediation Is an Effective Risk Management Strategy, but Be Thorough.

An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more

Epstein Becker & Green

How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast

What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir...more

Holland & Knight LLP

Podcast - Presentation is Paramount

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small discusses the art of persuasive delivery in the courtroom. He shares invaluable strategies emphasizing the significance of factors such as...more

Holland & Hart - Your Trial Message

Defendants, Frame Your Alternate Damages as a Test, Not an Admission

Here’s a scenario we often see when watching deliberations in a mock trial: The subject of the defendant’s alternate damages number comes up, and jurors see it as a weakness...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 - Think Outside the Script

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for writing a script for trial. Mr. Small shares that a script works when it's presented properly and...more

Holland & Knight LLP

Podcast - The Witness Outline

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for organizing a trial and questioning witnesses. He highlights that no one approach is the same and...more

Holland & Hart - Your Trial Message

See Your Case from the Jury’s Eyes: My Time in the Box

When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm,...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

IMS Legal Strategies

Targeting Safetyism in Defense Voir Dire | Episode 71

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Explore how safetyism drives high jury verdicts and how defense teams can effectively navigate this evolving mindset in the courtroom. In this episode, IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge...

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The Honorable Margaret Foti, formerly the Presiding Judge of the Criminal Division of the Superior Court of New Jersey, Bergen County, joins host Matt Adams to examine the state’s criminal trial process from the view of the...more

Holland & Knight LLP

Podcast - Are Real Trials Just Like the Movies?

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small analyzes the similarities and differences between real-life trials and ones portrayed in television and movies. Mr. Small...more

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