The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast
House Final Settlement Hearing: Key Insights and Future Implications for NIL — Highway to NIL Podcast
The 3 Core Themes of Trial Law: Tell Your Story
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle
The Subpoena Playbook
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
Key Discovery Points: Timing is Mostly Everything in eDiscovery
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
There Is No Right Path
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
Legal discovery often comprises the longest stage of casework—identifying evidence, developing timelines, and vetting witnesses. The facts, strengths, and weaknesses of a case provide puzzle pieces that attorneys identify and...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the complexities attorneys face in crafting an effective opening statement during a trial. He tackles common challenges...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses some common mistakes that lawyers tend to make in opening statements. As he explains, although there’s no such thing...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the importance of connecting with jurors from the beginning of the trial. He explains that an important aspect of drawing...more
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
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
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
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
Opening statements are arguably the most important part of a patent trial. But attorneys who tell an interesting story, stay out of the weeds and make a connection with jurors are setting themselves up for success. ...more
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
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
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
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
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
“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
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
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
The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments...more
I’ve shared before on these pages that I decided to learn music at an age where most people have either mastered their musical instrument or made peace with their inability to play one. Prompted by my daughter’s interest, I...more
Lately, the nation has been divided, again, on a critical question of public policy. And, again, that division reveals some stark differences in the ways each side views the facts and understands the values at stake. This...more
Some practitioners look to bypass opening statements in a Mediation session – operating under the belief that they have heard it all before and, therefore, the parties are better served by getting “right down to business.”...more
How do you protect yourself against the nasty flu that is going around this winter? Well, you can partially protect yourself with a vaccination. Introducing your body to a weakened form of the bug helps to build up your...more