Podcast - Finding Common Ground
Podcast - "Ready for Trial?"
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
Podcast - Every Case Is a New World
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
The 3 Core Themes of Trial Law: Tell Your Story
The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
There Is No Right Path
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Against All Odds- Part Three
Against All Odds- Part Two
Against All Odds- Part One
The Presumption of Innocence Podcast: Episode 56 - A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial
Podcast - Expert Witnesses, Special Issues
Courtroom Chemistry: How Trial Team Dynamics Shape Case Outcomes – Speaking of Litigation Video Podcast
Podcast - Direct Examination of Expert Witnesses
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
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the value of observing other lawyers in action, highlighting trials as opportunities to witness persuasive skills...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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