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Trial Practice Guidance Best Practices

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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

Holland & Hart - Your Trial Message

Avoid Legalese, and Other ‘Magic Spells’

Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and...more

Holland & Hart - Your Trial Message

Learn from Joe Biden’s Debate Destruction: 5 Nonverbal Don’ts

At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination...more

Holland & Knight LLP

Openings of Openings

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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

Holland & Knight LLP

The Basics of Opening Statements

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Litigation attorney Dan Small continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips...more

Holland & Knight LLP

Podcast - Effective Trial Language Part 2: Legalese

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In this episode of his "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the use of legalese in the courtroom. He advises attorneys to avoid using too much legal jargon...more

Holland & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

Holland & Knight LLP

Podcast - Bringing Mindfulness and Best Practices to Trial Law

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by intellectual property and litigation attorney Joshua Krumholz to discuss the ins and outs of trial law. With...more

Holland & Knight LLP

Podcast - The Different Ways Lawyers Prepare Notes for Trial

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why trial lawyers should always prepare notes before a case. Mr. Small doubles down on the important role notes play...more

Holland & Knight LLP

Podcast - The Key to a Successful Trial Lawyer

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small divulges the key to being a successful trial lawyer: having a well-organized trial notebook. Mr. Small provides a breakdown of...more

Holland & Knight LLP

Podcast - The Unwritten Rules of Trial Practice

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In the first episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the unwritten rules of trial practice that must be learned through experience and observation over time. Mr....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

IMS Legal Strategies

Communicating to the Visual Learners on the Jury

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Visual presentations have become the most effective communication tools for explaining complex stories to audiences. The heavy use of social media platforms has wired some modern viewers to become visual learners. When these...more

IMS Legal Strategies

The Reptile Brain Strategy: Why Lawyers Use It and How to Counter It

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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

IMS Legal Strategies

What Is Causing Today’s Massive Verdicts—and What Can We Do About It?

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Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more

Nextpoint, Inc.

The Hotseat: 5 Considerations When Hiring A Trial Technician

Nextpoint, Inc. on

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

Holland & Hart - Your Trial Message

Need to Talk About Race in Trial? Watch for Language Polarization

There are a number of scenarios where race might matter to your case. Most obviously in the civil realm, these could be employment cases, police use of force cases, or claims involving unequal medical care or testing. In any...more

Holland & Hart - Your Trial Message

Defend Your Product Testing Regimen: Seven Standards

When you test a product to assess its performance and safety, of course you have very substantive reasons for doing that: You are aiming to check effectiveness, prevent harm, and protect the brand. When a trial occurs,...more

Tyson & Mendes LLP

Inaugural Nuclear Verdicts Defense Institute Announced: First and Only Trial Academy for Civil Defense Attorneys Set for June...

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SAN DIEGO (March 14, 2022) – The inaugural Nuclear Verdicts Defense Institute will take place June 23-26, 2022, in San Diego, led by an esteemed faculty of legal defense experts, including top trial attorneys, a specialist in...more

Holland & Hart - Your Trial Message

Liberal and Conservative Jurors: Account for Different Moral Systems

When a juror looks at an act and declares it to be bad or good, where is that coming from? Well, hopefully, it is coming from the evidence. But inevitably, it is also coming from that juror’s own habits of moral judgment. And...more

Holland & Hart - Your Trial Message

Prepare for a Post-Pandemic (or Next-Pandemic) Courtroom: The Arizona Recommendations

If we rewind to about two years ago, as we were getting confirmations of a novel virus in China, few of us at the time would have had the imagination to envision the scope of disruption and devastation that would follow in...more

Holland & Hart - Your Trial Message

Compliment in Order to Persuade

I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to me with feedback and ideas for new posts. Honestly, I don’t think I could...more

Holland & Hart - Your Trial Message

Make Your Slides Less Texty: Six Tips

In any challenging communication situation, it is best to combine the visual with the verbal. This is good practice because pictures tend to make things more “truthy,” in the sense that claims that are accompanied by relevant...more

Holland & Hart - Your Trial Message

Plan for a Hybrid Trial System

There are two theories fighting it out over what will happen once the pandemic fades. The first,  — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s...more

Holland & Hart - Your Trial Message

Reduce Resistance, Tell Stories

In legal settings, the emphasis is often on the positive act of giving arguments and evidence for a given outcome: Share the proof and the reasons to believe, and let those appeals work their magic on your audience. But there...more

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