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
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
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
How can legal professionals transform complex arguments into compelling visuals without losing their audience in dense text? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Lauren Brophy Cooper and...more
It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers...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
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
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
Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more
Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the critical importance of establishing and relaying accurate measures of time, distance and speed in the...more
Rule 202 refers to the pre-suit deposition rule in the Texas Rules of Civil Procedure. This rule allows a person or party involved in a dispute to request deposition – sworn testimony recorded by a court reporter – to...more
Persuasion is at the core of what litigators do, not exclusively, but particularly in court. Despite that, aspiring lawyers train on a legal model that emphasizes some aspects of persuasion (like evidence and logic) while...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
Analyzed by legal scholars, cited as precedent for modern international law and medical ethics, and depicted in movies, the tale of the Nuremberg Trials imparts wisdom, reveals uncomfortable truths about the human condition...more
“[T]ell a great story if you want to live.” A newly minted screenwriter, on the verge of pitching his spy thriller to studio executives, was diagnosed with a serious medical condition. He shared this advice from his doctor...more
Maybe it is because monitors are a lot less expensive than they used to be, but I’m seeing more and more of them cropping up, often in the same places. Conference rooms or spaces for larger presentations that used to have a...more
After receiving many warnings from the court and counsel on what they’re about to see, the jurors are finally shown the injury photos. Some of them frown, one covers her face, many look away after a quick glance, and a couple...more
I write this blog principally for litigators, but sometimes it is worth remembering that transactional attorneys are also advocates who, depending on the circumstances, may also have persuasive goals. The point of seeking to...more
The now one-year-old coronavirus pandemic has caused courtrooms across the country to move many of their functions, as well as some full jury trials, into an online space. On the wisdom of that move, there are broadly two...more
The lawyer preparing their case likely goes through a long list of, “What will they think about…” questions, relating to the facts, the evidence, the arguments, and the law. Eventually, that attorney might get to the...more
Every day, we are reminded that we live in a new age that can be called “post-truth.” We pay a lot of attention to external sources of misinformation, whether it is motivated public figures, partisan news networks or...more
Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your...more