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
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?
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
Behind every winning argument is a compelling story. But crafting that narrative is not as simple as piecing together a few pieces of evidence. Legal teams have to prepare for and take depositions, manage transcripts, conduct...more
The pen is mightier than the sword in a courtroom. Legal decisions can pivot on a single word or comma in a contract or transcription, and adding multiple languages to the mix multiplies the possibility of inadvertent...more
The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more
Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about...more
Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to...more
Imagine a legal case where the official transcript is riddled with errors—witness statements are misquoted, key details are missing, and timelines are scrambled. Now, imagine an attorney building their entire case strategy on...more
Cross-examination is the stuff of drama in fictional courtroom depictions. The savvy lawyer taking on a hostile witness on the stand—these are the moments TV and movie audiences live for. However, the truth is real-life...more
We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing...more
Given how critical depositions are to the legal process, it stands to reason that fair deposition practices are paramount to a legal team’s success. However, several forms of unethical and unfair conduct can emerge during...more
Jury testing is a powerful tool in litigation, and attorneys would be well served to think about their cases as studies worthy of experimentation. Cases are not mysteries to be solved; they are a series of testable questions...more
On this episode of Litigator's Lounge, Niall McMillan and Anders Sleight discuss crucial tips for answering questions during depositions. Anders shares valuable advice, highlighting the importance of truthfulness, careful...more
Noticing a deposition is a critical part of the litigation process. Far from just a formality, it’s an assurance that a deposition you’re engaging in is being done fairly and in good faith. By giving all interested parties...more
The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more
Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern...more
The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more
A fair reading of the facts set out in Phillips Auctioneers LLC v Grosso, 2024 NY Slip Op 33906 (N.Y. Sup. Ct., N.Y. Cty., Oct. 31, 2024), a contract dispute, suggests that both the witness and his attorney were determined to...more
The post-pandemic litigation environment has seen a rising desire to conduct depositions remotely and a diminishing opposition to remote proceedings. Where litigators do insist on in-person proceedings, those cases are...more
As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more
Depositions of witnesses residing in Mexico, at one time a relatively rare occurrence, are becoming commonplace for large law firm litigators. This is because many U.S.-based businesses have relocated manufacturing operations...more
The convenience and widespread use of remote depositions and virtual hearings will not, in seems, make it any easier for plaintiffs to choose what they believe is the most advantageous forum for litigating their cases....more
A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more
In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...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