Podcast - Victories and "Losses" in the Courtroom
Podcast - Keeping Your Vessel Stable During Cross-Examination
Podcast - The Stability in Simplicity
Podcast - Reading the Room
Podcast - Respect in the Courtroom
Podcast - Understanding the Media
Podcast - Jurisdiction Is in the Eye of the Beholder
Podcast - Allergic to Courtrooms
Show and Tell
Mediation Matters: The Art of Turning Conflict Into Conversation
Podcast - The Benefits of Using an Interpreter
Trust Is Key
Overcoming Missed Deadlines
Podcast - Clarity Over Complexity at Trial
Podcast - Part II: Recent Changes in Jury Dynamics and How to Prepare Your Expert Accordingly
Podcast - Miss Lillian "Testifies": The Importance of Witness Preparation
Podcast - Part I: Going from Young Associate to Veteran Lawyer
Juror No. 6 and the Unexpected Misunderstanding
Podcast - The View from the Jury Box
Connecting with the Jury
They say lawyers never get picked for juries. I believed that—right up until I served 10 days as a juror in a civil trial involving aggravated sexual assault allegations and defamation counterclaims....more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small continues the story of the U.S. Securities and Exchange Commission's (SEC) civil case against internet game company SG Limited,...more
Two recent cases show that the “intensely practical” work product doctrine can protect a lawyer’s selection of intrinsically unprotected material — if the selection would give the adversary insight into the lawyer’s strategy...more
When the stakes are high, credibility is everything. Trial teams must balance tenacity with restraint, ensure testimony is delivered authentically, and speak to jurors in a way that builds trust rather than erodes it....more
Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s ideological and partisan leaning has probably never been more...more
In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed,...more
The ABA’s 2026 False Claims Act Mock Trial Institute, held in New Orleans this year and sold out, once again offered a bevy of lessons, information, and insight. As always, the FCA Mock Trial Institute provided a valuable...more
The fundamental building blocks of effective trial advocacy are remarkably unchanged, despite vast changes in how information is found, analyzed, and presented in courtrooms, hearing rooms, arbitrations, and mediations. In...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces a new case that illustrates a new strategy for trial. Naval architect Jack Gilbert was accused of selling a boat with...more
One of the last things any general counsel wants is a notice of a lawsuit against their company. Many thoughts enter your mind, including what’s the lawsuit about? Are we liable? Who are the company’s witnesses? How much will...more
Litigation looks like a single continuum from filing to verdict, but it isn’t. Trial and appellate practice are not merely different phases of the same work; they are different crafts with different habits, incentives, and...more
If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues the discussion of U.S. v. Rendle and explains why reading the room matters in court. Mr. Small shows how judges, juries and the pace of...more
California employment litigation has entered a new era, marked by unprecedented jury awards, soaring punitive damages, and a plaintiff-side bar adept at leveraging venue and emotion. For employers operating in...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small uses the white collar corruption case of U.S. v. Rendle and his experience before the famously pro-defense Judge Joseph Tauro to...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small underscores the importance of understanding the media as a trial attorney. He recounts lessons learned from a high-profile...more
Marcus Eason continues The Grubb Report with an overview of Texas Rule 201.3 and the adoption of the UIDD, explaining how the new rule simplifies out-of-state depositions and document discovery in Texas....more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts attempting to prosecute a New England mob boss and the challenge of filing a complex case before the statute of limitations expired. Mr....more
The Commonwealth of Pennsylvania’s Legislature recently introduced House Bill No. 1913 that would permit attorneys to suggest to a judge or jury an “appropriate award for all past and future economic or noneconomic damages.”...more
The Alberta Court of King's Bench stood firm on its commitment to address delays and improve efficiency in Alberta's civil justice system. In Boucher v Bailey, 2025 ABKB 384, the Court dismissed the plaintiffs' request to...more
Generative Artificial Intelligence (GenAI) is rapidly reshaping the legal landscape. Increasingly, clients look to their litigation counsel to employ technology that can reduce costs, accelerate insights, and enhance...more
The year-end holidays can be a busy and stressful time for litigators. As the holiday season approaches, family obligations increase. Courthouses are either closed or missing key personnel. A good number of lawyers, rather...more
Legal tech leads to stronger cases, streamlining workflows and improving client satisfaction. A NOTE ON PERSPECTIVE - Empty heading With so much buzz about artificial intelligence, it is easy to forget the practical tools...more
The High Court (Improved Access to Civil Justice) Amendment Rules 2025, effective from 1 January 2026, introduce significant reforms designed to streamline litigation, reduce costs, and encourage early resolution. These...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small looks back on his experience prosecuting the notorious New England mob boss Raymond Patriarca — or lack thereof. As a 73-year-old man who had...more