Podcast - The Benefits of Using an Interpreter
Trust Is Key
Podcast - Miss Lillian "Testifies": The Importance of Witness Preparation
Podcast - Bring Out the Bad Stuff
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Preparing for Deposition Success
Podcast - Getting Dressed for Court
Podcast - The Witness Outline
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Refresh vs. Impeach: Know the Difference
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
Podcast - Cross-Examination: Don't Argue - Elicit Facts
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
Basic Points to Consider in Redirect Examination
Podcast - Direct Examination: Getting Rid of Clutter
Exuding Credibility in the Courtroom
Divorce proceedings can be emotionally charged, and one of the most stressful moments for anyone involved in divorce proceedings is cross-examination....more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the debate on using interpreters for witnesses in the courtroom. In some instances there is no choice: A witness who...more
What scares you most? If you fall into the majority, then things like spiders and heights are actually an easier sell than public speaking....more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares how building genuine trust with a witness can make or break a case, recounting his extraordinary trip to Italy to meet...more
Nothing will ruin the defense of a case more quickly than a bad Rule 30(b)(6) deposition. The corporate representative deposition can and will impact the trial outcome, settlement evaluations, and the company brand. ...more
Hybrid courtrooms are becoming a dominant practice in our national legal systems—and justifiably so. They offer greater efficiency, a deeper pool of accessible experts and courtroom professionals, and scheduling flexibility...more
In this episode of "The Trial Lawyer’s Handbook" podcast, litigation attorney Dan Small describes the unnatural environment of the courtroom and the importance of preparing witnesses for the off-putting rhythm of testimony...more
Determination, honesty, vulnerability, grief—the impact of witness testimony can be greater than the facts it uncovers. But jurors need to understand testimonies, find witnesses trustworthy, and believe their stories, making...more
[co-authors: Jean-Claude Mazzola, Adam Wiener, Richard Lerner] I am a longtime New York civil personal injury attorney. I thought that I had seen it all. Yet last year, while serving as a plaintiff’s trial attorney in a...more
Is a picture worth a thousand words? In the litigation world, it may be worth thousands of dollars, but only when used as a supplement to words rather than a replacement....more
Mark Chicu is a Senior Advisor at Cornerstone Research. An experienced antitrust and industrial organization economist, Dr. Chicu formerly served as an Acting Assistant Chief in the Antitrust Division of the U.S. Department...more
The dramatic impact of an attorney pacing before a jury and projecting their voice to the back of the courtroom may become a thing of the past if television and films catch up to reality. With the rise of virtual...more
Most business disputes settle. But if you bank on settlement without preparing for trial, you put your company at a disadvantage. The best settlements come when the other side knows you are fully ready for court. That means...more
Labor arbitrations often seem like the proverbial “box of chocolates” – you never know what you’re going to get. While uncertainty abounds, there are numerous steps companies and counsel can take to assess, prepare, and...more
There is a well-known principle in communication circles, first expressed by cognitive scientist George Lakoff: “When we negate a frame, we evoke the frame.” It means that even when we try to deny a specific attack against...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the challenges of preparing witnesses for trial, emphasizing the importance of honesty and addressing unfavorable facts in advance. Mr....more
As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more
Trial strategy isn’t solely a matter of collecting and presenting the right set of evidence and testimony—it requires organizing and crafting a narrative that connects with jurors. With each new jury, you’re back at the...more
Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more
We know that successful trial outcomes are rarely the result of a single, game-changing moment. Instead, they are built on preparation, precision, and the cumulative impact of small, strategic decisions. In a recent IMS...more
As a witness prepares to testify in trial, the big fear is often cross-examination. While the direct questioning by the witness’s own attorney is seen as the “easy part” (friendly, open-ended questions that allow you to “tell...more
Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components...more