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
Podcast - Part II: The Importance of Pro Bono for Both Clients and Lawyers
Podcast - Cutting Back on Complex Cases
Podcast - Drowning in Complexity
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex, and...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
We know that movie viewers love a plot twist. A surprising turn of events can make a movie memorable, and in films like “The Usual Suspects,” or “The Sixth Sense,” your understanding and perspective on a story can suddenly...more
We have all used them. It might be a repeated word or phrase like, “I would say,” “it seems to me that,” or “like.” It might be a repeated sound like “uh,” “um,” “ah,” or “er.” Not all of the speech is content; some of it is...more
The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more
You’ve probably seen the claim, but is it really true that our attention spans are becoming shorter than that of a goldfish? Last year, the presentation software company called Prezi released its 2018 State of Attention...more
I remember once sitting in court early into the defense opening statement, and the attorney was busy thanking the jurors, again. Even though they had already heard the spiel from the other side, and from this attorney’s...more
In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at...more
Next time you’re in a public place, look around at all the people and what they’re doing. Looking at their phones? Yes! Nearly all of them. Now, some might be working. Some could be keeping up on the news or reading great...more
First, a pet peeve I just have to get off my chest: It is not called a “podium,” it is called a “lectern.” A podium is a platform that you stand on in order to be seen by an audience. And if you don’t believe me (because you...more
Lawyers tend to think of opening statement as the time for stories. But I think you’re telling a story in closing argument as well: not the same story, but a different one. And I don’t mean you should change the facts or...more
We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more
“Epistimology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those...more
It is one of those factors of advocacy that is understood at a basic level, but not practiced at an effective level: Structure. Whenever you are verbally presenting — opening statement, closing argument, oral argument, CLE’s...more
It is one of the basics emphasized in your first public speaking class: Have a clear transition between your main points. But it is also a rule that many experienced communicators set aside or start taking for granted. As you...more
The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments...more