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Tyson & Mendes LLP

Trial Prep: Expectation vs. Reality

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When I first decided I wanted to become an attorney, I did not think about being in trial. Even in law school, I gave little thought about what it would mean to be in trial. Like a lot of people, my experience with being in...more

U.S. Legal Support

The Art of an Effective Closing Argument

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What makes for an effective closing argument, and how important is it? Even after days of testimony and evidence, your closing argument has the potential to sway a jury’s decision and bring about a successful outcome for your...more

Holland & Knight LLP

Podcast - Part II: Being an Expert Is a Lonely Business

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In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve...more

U.S. Legal Support

The Impact of Venue Evaluation on Trial Outcomes

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While a case must be filed in the court system that has the authority to adjudicate it, the specific venue is often a more flexible choice. To that end, selecting the right venue can be a key part of case strategy....more

Tyson & Mendes LLP

Be Bold, Be Bright, but Be Brief…

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In an age of 15 second internet reels, fast paced communications, constant online conversations, and “texting culture,” brevity is more important than ever for trial attorneys. At Tyson & Mendes, one of our trial goals is to...more

Holland & Knight LLP

Podcast - Part I: Being an Expert Is a Lonely Business

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In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three...more

Holland & Hart - Your Trial Message

More Arguments Aren’t Always Better: Know the Reduced Average Effect

Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but...more

Holland & Knight LLP

Podcast: Don't Just Say It – Show It

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the role of expert witnesses in trials and how lawyers must effectively present expert testimony to the jury. Mr....more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

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The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Butler Snow LLP

Turning Up the Heat? Pressure Testing Scientific Theories in Science Days, Rule 702 Hearings, and the Hot Tub

Butler Snow LLP on

Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk science out of the courtroom and, of course, win...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

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Halliburton’s Closing

In our recent articles exploring how generative AI can transform trial preparation, we demonstrated how Large Language Models (LLMs) could analyze complex trial materials to generate sophisticated closing arguments. Our first...more

U.S. Legal Support

Fact Witness vs. Expert Witness: Key Preparation Tactics

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As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...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

IMS Legal Strategies

5 Key Considerations Regarding the Use of 3D Animation for Litigation

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In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries,...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

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From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...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

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Using IO Psychologists as Experts in Litigation - February 23rd, 2:00 pm - 3:00...

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Industrial/Organizational Psychologists (I/O) have provided consulting expert and testifying expert support in class action employment discrimination litigation for decades. These cases address alleged discrimination in a...more

Zuckerman Spaeder LLP

Working with Experts: Three Tips for Associates

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Experts are a key part of any complex litigation. Being part of an expert team as an associate can mean taking charge of all the little (but still important) things: shuttling relevant documents to the expert, keeping track...more

IMS Legal Strategies

10 Tips for Preparing Expert Witnesses

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As trial consultants, we have gained valuable information on how to prepare expert witnesses for trial based on the extensive jury research we have conducted. For instance, we know the best experts are able to convey that...more

Holland & Hart - Your Trial Message

Experts: Follow the Seven Commandments

I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to...more

Holland & Hart - Your Trial Message

The Research/Practice Gap: You Should Continue to Prefer Live Testimony

I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid as the pictures are, they still don’t do it justice, and you have to be...more

Holland & Hart - Your Trial Message

Address Anti-Expert Bias: 5 Ways

It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable...more

Holland & Hart - Your Trial Message

Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own

In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and...more

Holland & Hart - Your Trial Message

Experts: Testify Remotely Without Losing Influence

So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is...more

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