Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Impeaching with a Deposition
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
The "Why" of Cross-Examination
Akin to a buddy-cop movie—there are some pairings that are stronger together. For trial attorneys, one such pairing is trial themes and mock trials. A trial theme, also known as a case theme, is critical to simplifying a...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines essential rules for lawyers during closing arguments. He speaks about the importance of not misstating evidence or...more
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
In this episode of "The Trial Lawyer's Handbook" podcast, Partner Dan Small shares insights on crafting persuasive closing arguments. Mr. Small emphasizes the importance of organization, preparation and effective time...more
First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more
Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more
When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...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 "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small addresses the art of making effective objections during trial, highlighting the importance of preparation, quick thinking and...more
Case preparation can take months of research, depositions, and strategic planning—all for that one high-pressure moment in court. Even learning how to write a good opening statement can take a considerable amount of time and...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination by asking short, clear questions. Mr. Small advises to...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the ninth commandment from the "Ten Commandments of Cross-Examination" coined by Irving Younger. Mr. Small explains why...more
In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the "Ten Commandments of Cross-Examination." Coined by the late Irving Younger, then a professor at...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic...more
The literal translation of the French phrase voir dire is “to speak the truth.” In law, it’s the process of questioning an individual prior to jury duty or witnessing to determine their suitability....more
In a perfect world, counsel can accomplish many goals during voir dire—but when a judge puts a strict clock on the process, those goals quickly narrow. Whether you have 15 or 45 minutes, or some amount to be determined, only...more
Jury selection in the Trump hush-money trial briefly put jury consultants back in the spotlight as media pundits and their contributors discussed the Trump team’s efforts to search prospective jurors’ social media accounts...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers typical areas of expert cross-examination and rules to follow when examining an expert witness. Mr. Small focuses on why...more
In most legal battles in the US, the ultimate decisions about guilt or innocence—along with sentencing and other concerns—are made not by attorneys or judges but by the jury panel. The role every citizen is responsible for...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully...more
Law students spend years training to evaluate details and learn procedures that don’t always fall under the umbrella of common sense to laypersons. The most important issues that seem obvious to attorneys can be ignored by...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination. He emphasizes the need for careful preparation, clear...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises...more
In the latest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the art of cross-examination, focusing on the strategic use of leading questions. Through practical insights and...more