Defense Strategies, Witness Preparation, Direct Examination

Podcast - Bring Out the Bad Stuff

Holland & Knight LLP on 8/5/2025

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

Basic Points to Consider in Redirect Examination

Holland & Knight LLP on 5/14/2024

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the nuanced art of redirect examination, emphasizing its strategic use to mitigate damage and refocus the jury's...more

Take the Medicine: Three Steps to Pre-empting Your Witness’s Bad Stuff

Holland & Hart - Your Trial Message on 4/21/2022

You have your witness on the stand in direct examination. You have finished laying out the positive story that you want to tell, but you have one more thing to do before handing that witness over to the other side...more

First Answer in Direct: Introduce Yourself to the Jury

Holland & Hart - Your Trial Message on 3/29/2022

As you are putting on your case at trial, and you go to call your next witness, there’s always a reaction from the jury box. It’s an opportunity for fresh attention from them, but it is often a bit of a mystery...more

Your Direct Examination: Know the Steps, but Let the Attorney Lead

Holland & Hart - Your Trial Message on 12/3/2021

When preparing for trial testimony, often the focus is on what opposing counsel is going to do. You prepare for cross, naturally enough, because that is an adversarial moment. But my own view is that direct examination should...more

Witness Prep: Don’t Blur the Line Between Practice and Discussion

Holland & Hart - Your Trial Message on 7/30/2019

Attorney: “To help prepare you for your testimony, let’s review what they’re going to ask about. They’re going to ask about Smith’s performance reviews.” Witness: “Okay, I can talk about these…” Attorney: “Great, so…Why...more