Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
Podcast - Part I: Being an Expert Is a Lonely Business
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?"
Podcast - Every Case Is a New World
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Podcast - Drowning in Complexity
Podcast: Part I - Reading the Jury
Podcast - How to Use Humor and Anger Effectively in the Courtroom
Preparing for Deposition Success
Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small discusses the art of persuasive delivery in the courtroom. He shares invaluable strategies emphasizing the significance of factors such as...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for writing a script for trial. Mr. Small shares that a script works when it's presented properly and...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores three pivotal trends that have significantly impacted courtroom advocacy in recent years: the digital revolution,...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the vital role of storytelling in court cases, highlighting the need to construct, narrate and display a story...more
Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores how to avoid asking leading questions during direct examination. The Federal Rules of Evidence state that lawyers should...more
In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of being concise in the courtroom. He describes how to eliminate unnecessary words and noise so the...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the pros and cons of using technology in the courtroom. Mr. Small provides six helpful tips on how to put the...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 discusses chronology and why this tool is so important when working on a case. Mr. Small provides key steps for building an...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the five "P's" that will help shape jurors' emotions in the courtroom. Mr. Small delves into the important role...more
With technological and medical advances, humans are safer now than they have ever been. Along with these innovations and increases in overall safety, people’s belief that they should be absolutely free from the risk of harm...more
Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more
A “hotseater,” or trial technician, will allow you to focus on delivering a winning argument by taking care of the technical aspects of trial presentation....more
So, your deposition has been scheduled, and you’re just starting to wrap your head around what is in store for you. Your lawyer has already stressed that you are not in the driver’s seat at this stage: The deposition is the...more
Please join Adams and Reese for a wide-ranging, one and a half hour review of reptile theory: What it is, how it came to be, how it is used, and how to defend against it....more
The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a jury’s decision, an expansion in the power of judges to resolve things in...more
With mounting frustration over the duration and human cost of the Coronavirus pandemic, along with the sluggish pace of vaccinations in many parts of the country, President Joe Biden, this past week, threw down the gauntlet...more
For more than a year, many of us have been presenting to audiences by Zoom or other web-conferencing platforms rather than presenting in person. Largely, the experience has lived up to the challenge, convincing many in the...more
To many trial-watchers, a key moment in the recent trial of former Minneapolis police officer, Derek Chauvin, for the murder of George Floyd, came during the testimony of Dr. Martin Tobin. This Chicago pulmonary physician, in...more
For trial lawyers, there is a great deal of lore on the kinds of jurors you would want for particular cases. While some attorneys will focus on traits like gender, age, or occupation, the smarter course, in my view, is to...more
Experienced trial attorneys know that jurors are not interchangeable empty vessels. Each juror enters the jury box with a wide range of experiences, beliefs and attitudes, and may be more or less inclined toward reaching a...more