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?
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 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
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
When Dan Martin first started in the trial consulting profession 25 years ago, the practice of videotaping depositions was still fairly novel. Today, not only are many depositions videotaped, but their capture is often...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
The role of the trial technician—sometimes referred to as a courtroom technology specialist, trial consultant, or hot seat operator—is to quickly find and display documents and video, thus enabling seamless presentation by...more
IMS Strategy Consultant Dr. Clint Townson discusses the benefits of early case theme development and the factors leading jurors to award massive damages....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
Millennials are often extremely valuable, hard-working additions to your trial team. We are sure many of our clients would agree, as we have gotten to work alongside quite a few truly impressive young trial attorneys....more
On October 20, Kilpatrick Townsend’s partner Vince Parrett, McManis Faulkner partner Elizabeth Pipkin, and three distinguished Santa Clara County Superior Court Judges Roberta S. Hayashi, Sunil R. Kulkarni, and Joanne...more
David F. Johnson co-authored a paper entitled “Voir Dire (In a Post Covid World)” with Jason Smith of the Law Offices of Jason Smith for the State Bar of Texas’s Business Disputes Course, held in Austin, Texas, on September...more
September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...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
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
As courts across the country begin resuming jury trials, litigators returning to in-person proceedings must be prepared for the myriad logistical considerations brought on by the COVID-19 pandemic — from mask-wearing and...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
Jury trials are among the last pieces of the judicial system to undergo a virtual transformation in the wake of the COVID-19 pandemic. Although some aspects of jury trials will never be replicated online — for example, the...more
The legal community’s forced apprenticeship with remote technology during the COVID-19 pandemic changed, almost overnight, how litigation is conducted in the United States. From mundane interactions like client meetings to...more