Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Podcast - Part II: Being an Expert Is a Lonely Business
Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast: Don't Just Say It – Show It
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Podcast - "Ready for Trial?"
Bar Exam Toolbox Podcast Episode 311: Spotlight on Criminal Law (Part 1)
Bar Exam Toolbox Podcast Episode 310: Listen and Learn -- Accomplice Liability (Criminal Law)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
Podcast - Every Case Is a New World
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
The 3 Core Themes of Trial Law: Tell Your Story
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
There Is No Right Path
In the American legal system, counsel is prohibited from speaking with the jury outside of a trial itself and the specific, structured ways they’re meant to interact. Practicing attorneys, law students, and most people with a...more
Cause challenges play an important role in jury selection. When a potential juror has an acknowledged barrier to basing their decision on a neutral understanding of the evidence and the law, they should not serve. However,...more
The trial is over. The jury has spoken – or the judge has ruled – and the outcome wasn’t what you hoped. Now what? At that moment, many litigants turn to the idea of an appeal as a second chance, a do-over. It’s important...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares personal stories from early in his legal career that illustrate the invaluable role of experienced trial observers and...more
In high-stakes securities litigation, trial teams often find themselves at a crossroads—how do you present intricate financial concepts to a jury that may have little to no background with the industry and relevant laws? The...more
Picture this: you’re in-house counsel, and your company’s just been sued. But you’ve seen this film before. You know (with reasonable certainty) how much it’ll cost to get from complaint to Rule 26, through discovery, motions...more
What makes for an effective closing argument, and how important is it? Even after days of testimony and evidence, your closing argument has the potential to sway a jury’s decision and bring about a successful outcome for your...more
Will the individuals who serve on your jury be the same people they were before they were called for service and selected? Will they have the same mental habits and preferences they exhibit in their civilian lives outside the...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down a powerful cross-examination technique for challenging a witness' credibility that he calls "The Three C's": Commit,...more
In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve...more
For high-stakes litigation, waiting until after an adverse verdict to engage appellate counsel can be a costly mistake. Traditionally, clients didn’t think about an investment in appellate counsel until after a final...more
While a case must be filed in the court system that has the authority to adjudicate it, the specific venue is often a more flexible choice. To that end, selecting the right venue can be a key part of case strategy....more
Trial lawyers often think of appellate issues as something to deal with after the verdict. But by the time a case gets to appeal, much of the damage—or success—has already been baked into the record....more
An iPhone Knows Your Significant Locations - Keep in mind that iPhones use a particular method to track the smartphone’s location known as ‘significant locations’. ...more
Welcome back to the Bar Exam Toolbox podcast! This is the final installment of the summary of Criminal Law topics we've covered in our "Listen and Learn" series. Today, we're reviewing crimes against the person, the felony...more
In an age of 15 second internet reels, fast paced communications, constant online conversations, and “texting culture,” brevity is more important than ever for trial attorneys. At Tyson & Mendes, one of our trial goals is to...more
In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three...more
Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but...more
I remember my first court appearance as young female attorney at Queens County Supreme Court, in New York. I had to argue what I considered a losing motion in front of a judge who was not easily persuaded...more
Court reporting is more than a logistics exercise - it’s a critical component of case strategy. In today’s litigation landscape, where deadlines are compressed, teams are stretched, and expectations are high, the service...more
When it comes to the “iron triangle” points of time, cost, and quality, we’re often asked to choose which one should be sacrificed. AI’s ability to streamline medical record summarization, however, is a shift that can benefit...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the role of expert witnesses in trials and how lawyers must effectively present expert testimony to the jury. Mr....more
In the high-profile legal drama surrounding Sean "Diddy" Combs, the public’s attention has been focused on headlines, allegations, high-profile legal teams and courtroom appearances. But behind the scenes, a critical aspect...more
America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts the challenges he faced during the Farmers Export grain elevator explosion trial. He emphasizes the importance of...more