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
Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast
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
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
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
At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination...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 discusses the real-world challenges of direct examination, emphasizing that while the ideal scenario would be a perfectly coherent...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the complexities attorneys face in crafting an effective opening statement during a trial. He tackles common challenges...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses some common mistakes that lawyers tend to make in opening statements. As he explains, although there’s no such thing...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the importance of connecting with jurors from the beginning of the trial. He explains that an important aspect of drawing...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the use of legalese in the courtroom. He advises attorneys to avoid using too much legal jargon...more
You’ve read countless legal articles on how to tactically improve your approach to litigation- like defeating Nuclear Verdicts and the Reptile theory. These topics address objective criterion without much consideration of the...more
As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with fellow litigation attorney Trish Rich for a conversation on the importance of civility in trial law. Their...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small divulges the key to being a successful trial lawyer: having a well-organized trial notebook. Mr. Small provides a breakdown of...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the five most common faults of trial lawyers. Mr. Small acknowledges that every trial is different, but steering...more
Success in taking a deposition comes with proper planning and effective execution. The basic recipe for success is to define the deponent’s importance in the case, identify the pertinent areas of inquiry and utilize the...more
As any practitioner litigating a case before the Commercial Division knows, and as we have mentioned time and again on this blog, it is critical to know the Part Rules of the particular judge assigned to your case. But...more
Millennials are often extremely valuable, hard-working additions to your trial team. We are sure many of our clients would agree, as we have gotten to work alongside quite a few truly impressive young trial attorneys....more
On October 20, Kilpatrick Townsend’s partner Vince Parrett, McManis Faulkner partner Elizabeth Pipkin, and three distinguished Santa Clara County Superior Court Judges Roberta S. Hayashi, Sunil R. Kulkarni, and Joanne...more
For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group,...more
Baker Donelson Associate Nick Diegel sat down with the Firm's Professional Development Shareholder, Cameron Hill, to discuss his recent trial experience. Nick shares how he prepared for his trial and lessons learned from one...more
After shutting down for much of 2020 to protect public safety during the COVID-19 pandemic, courts across the country have slowly and cautiously reopened their courtrooms in 2021 to hold virtual and in-person trials in an...more
This article is the second, and final, part of a two-part series that is meant to provide some guidance, suggestions, and insights for younger attorneys that have little or no deposition experience that are tasked with...more