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Holland & Hart - Your Trial Message

Witnesses, Remember Confidence is a Behavior

Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...more

Mandelbaum Barrett PC

Credibility Is Key to Every Successful Trial

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Prior to the civil fraud trial brought by New York Attorney General Letitia James, Donald Trump’s credibility had already taken a big hit in the two lawsuits brought by E. Jean Carroll (“Carroll”), claiming sexual assault....more

Holland & Knight LLP

Exuding Credibility in the Courtroom

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with Frank Vecella, principal at McKool Smith and former head of litigation for Ericsson, for an in-depth discussion...more

Holland & Hart - Your Trial Message

Masks in Court: Understand the Real Lesson

As we begin to take stock of and conduct research on the effects on the pandemic adaptations, it is important to keep an essential principle in mind: The research on pandemic adaptations is not just about the pandemic...more

Holland & Hart - Your Trial Message

Apply Two Tests to Any Battle Between Stories

It’s America’s case of the moment: Johnny Depp and Amber Heard, Hollywood’s former power-couple, now exchanging accusations of physical abuse in a Fairfax, Virginia courtroom. The defamation case initially brought by Depp has...more

Holland & Hart - Your Trial Message

Opening: Build Your House First, Then Take Aim at Their House

I have worked with more than one defendant who simply could not resist it: Right out of the gate, in opening statement, they come out swinging against the plaintiff. They’re not being honest, they have their own share of...more

Holland & Hart - Your Trial Message

Witnesses, Add to Your ‘Truthiness’ by Showing Pictures

The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen...more

Holland & Hart - Your Trial Message

Witnesses: Answer Both the Language of the Question and Its Implication

When preparing a witness, there can sometimes be a strong impulse to say, “Just answer the question.” That impulse comes from an appropriate desire to keep things simple, and to keep the witness from wandering or waffling....more

Holland & Hart - Your Trial Message

Don’t Hedge

The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more

Holland & Hart - Your Trial Message

Witness Testimony: Understand the Confidence/Competence Circle

For someone starting out in a career, or in some other situation where credibility will be required, there is an expression: “Fake it until you make it.” In other words, if you act like you’ve got it, then people are going to...more

Holland & Hart - Your Trial Message

Summarize With Care

Americans finally got to see the redacted report from Independent Counsel Robert Mueller last week. The report on Trump campaign issues relating to Russian election interference raised questions in a great variety of...more

Holland & Hart - Your Trial Message

Project Your Voice

It is one of the central messages of witness preparation: Be confident, because if you’re confident, you’ll be more credible. Once, I got the reply from a witness, “But I don’t feel confident,” and the question, “Should I act...more

McManis Faulkner

A Memorable Case

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I have tried many cases over a 50-year period, but the one which received the most worldwide attention was “The Elephant Case”. The case arose in August, 2001, at the San Jose Arena, where Ringling Brothers Barnum & Bailey...more

Holland & Hart - Your Trial Message

Account for Social Exclusion in Employment and Whistle-blower Cases

There is often something distinctive about the person bringing a case. Whether they are the victim in a discrimination or harassment case, a whistle-blower in an employment case, or a number of other case types, their act of...more

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