Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Impeaching with a Deposition
Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Podcast - Listen for the Song in Your Witness' Head
Podcast: What is a Deposition?
Podcast: Witness Preparation is Okay
Podcast: Bridging the Gap
Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
Podcast - Rule 6: If You Don't Remember, Say So
Compliance Perspectives: Michael Horowitz, Inspector General at the Department of Justice, on Conducting High Profile Internal Investigations - Part 2
Compliance Perspectives: Michael Horowitz, Inspector General at the Department of Justice, on Conducting High Profile Internal Investigations - Part I
Fulstow & Another v. Francis should serve as a reminder of the court’s willingness to sanction parties severely for failing to comply with the procedural rules relating to trial witness statements....more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the...more
Use the right tools to analyze your deposition transcripts and build a winning case story. As we mentioned in Part 1, there are many important tasks and responsibilities involved in a litigation matter, but telling a...more
An attorney who surreptitiously fed answers to his client – roughly 50 times during a six-hour remote deposition, according to court documents – has been given a public reprimand by the Massachusetts Board of Bar Overseers....more
I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so...more
Sitting in the “hot seat” for the first time can be a stressful and intimidating experience and especially so if there is significant money on the line. As a seasoned litigator, I have deposed more witnesses than I’d like to...more
The U.S. court system has long recognized the difficulty with equal access to justice when an individual with limited English proficiency appears in a U.S. court. Therefore, courts across the country now require that...more
Despite having broad case management powers in respect of trial witness statements that do not comply with the procedural rules, judges are notably unwilling to impose the more draconian sanctions available to them. This...more
Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that...more
Remote depositions raise unique challenges for litigators, foremost among them the need to ensure the integrity of the deponent’s testimony. In a typical remote deposition scenario, where the attorney taking the deposition is...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Listen for the Song in Your Witness’ Head, litigation attorney Dan Small shares how to bridge the disconnect between what a lawyer believes their...more
Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Witness Preparation is Okay, litigation attorney Dan Small shares how to overcome the misconception that preparing for trial is cheating the system....more
In the latest episode of his "Powerful Witness Preparation" podcast series, Bridging the Gap, litigation attorney Dan Small shares how to overcome the difficulties of bridging the gap between normal conversation and...more
In the latest episode of his "Powerful Witness Preparation" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains...more
The witness on the stand pauses before answering, then looks briefly up and to the right while giving a response. While listening to the next question, she places a finger over her lips, angles her head slightly, and raises...more