Direct Examination: To Lead or Not to Lead
Podcast - Effective Trial Language Part 1: Noise
Using Technology in the Courtroom
Podcast - The Importance of Civility in Trial Law
Podcast - Understanding the Importance of Chronology
Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
5 Key Takeaways | How Young Lawyers Can Sharpen Their Trial Skills
Tips for Conducting Remote Trials
Benefits of Remote Trials
Conducting Trials Post Pandemic
How Voir Dire Fits with Appellate Practice | Robert Swafford | Texas Appellate Law Podcast
Serving as Appellate Counsel on a Trial Team | Kirk Pittard | Texas Appellate Law Podcast
Overseeing The Texas Pattern Jury Charges | Judge Dan Hinde | Texas Appellate Law Podcast
Leading in a Lonely World Podcast: Meet Dr. Jill Huntley Taylor
A Texas Legislative Postmortem | Jerry Bullard | Texas Appellate Law Podcast
Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd | Texas Appellate Law Podcast
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
Litigating in the Virtual World: Passing Fad or Wave of the Future?
Live Trials During the COVID-19 Pandemic: What’s Changed?
Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores how to avoid asking leading questions during direct examination. The Federal Rules of Evidence state that lawyers should...more
In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of being concise in the courtroom. He describes how to eliminate unnecessary words and noise so the...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the pros and cons of using technology in the courtroom. Mr. Small provides six helpful tips on how to put the...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with fellow litigation attorney Trish Rich for a conversation on the importance of civility in trial law. Their...more
Perhaps more than any other area of legal practice, trial work often involves instantaneous decisions. When a trial outcome is less than favorable, those on-the-spot judgment calls may be second-guessed by an unhappy client,...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses chronology and why this tool is so important when working on a case. Mr. Small provides key steps for building an...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the five "P's" that will help shape jurors' emotions in the courtroom. Mr. Small delves into the important role...more
With technological and medical advances, humans are safer now than they have ever been. Along with these innovations and increases in overall safety, people’s belief that they should be absolutely free from the risk of harm...more
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
A “hotseater,” or trial technician, will allow you to focus on delivering a winning argument by taking care of the technical aspects of trial presentation....more
So, your deposition has been scheduled, and you’re just starting to wrap your head around what is in store for you. Your lawyer has already stressed that you are not in the driver’s seat at this stage: The deposition is the...more
Please join Adams and Reese for a wide-ranging, one and a half hour review of reptile theory: What it is, how it came to be, how it is used, and how to defend against it....more
It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to...more
The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a jury’s decision, an expansion in the power of judges to resolve things in...more
With mounting frustration over the duration and human cost of the Coronavirus pandemic, along with the sluggish pace of vaccinations in many parts of the country, President Joe Biden, this past week, threw down the gauntlet...more
For more than a year, many of us have been presenting to audiences by Zoom or other web-conferencing platforms rather than presenting in person. Largely, the experience has lived up to the challenge, convincing many in the...more
To many trial-watchers, a key moment in the recent trial of former Minneapolis police officer, Derek Chauvin, for the murder of George Floyd, came during the testimony of Dr. Martin Tobin. This Chicago pulmonary physician, in...more
Depending on the claims, parties, and preferences, there are multiple forums where litigants can choose to file suit. The majority of cases start in state courts, as they are courts of general jurisdiction. However, for...more
Clients often want to know: “What is the difference between a civil trial attorney and a board-certified civil trial attorney?” Or, simply: “What’s the difference between a lawyer and a board-certified lawyer?"...more
When preparing a witness, there can sometimes be a strong impulse to say, “Just answer the question.” That impulse comes from an appropriate desire to keep things simple, and to keep the witness from wandering or waffling....more
For trial lawyers, there is a great deal of lore on the kinds of jurors you would want for particular cases. While some attorneys will focus on traits like gender, age, or occupation, the smarter course, in my view, is to...more
Do not underestimate the benefits of mediation. Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers. As attorneys, we know that is...more
Discovery disputes do not normally lead to a stay of litigation. But, in one recent patent infringement case, the parties’ inability to agree on a safe procedure for allowing the plaintiff’s expert to review the defendant’s...more