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JAMS neutral Douglas R. Young recently appeared on “Trial Tested,” an award-winning podcast produced by the American College of Trial Lawyers and hosted by Renée Rothauge. The series highlights the stories, philosophies and...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
In this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares personal stories from early in his legal career that illustrate the invaluable role of experienced trial observers and...more
What makes for an effective closing argument, and how important is it? Even after days of testimony and evidence, your closing argument has the potential to sway a jury’s decision and bring about a successful outcome for your...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how knowing the court where a trial lawyer is working can make the difference between winning our losing a case. He...more
If you don’t already use legal translators, it’s likely in your firm’s future. Between 2021 and 2023, the slice of American residents categorized as “limited English proficient” (LEP) grew from 25.7 to 29.6 million, a growth...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his early experiences in trial law as an Assistant U.S. Attorney in the U.S. Magistrate's Court in Hyattsville,...more
Everyone has their own unique career path. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his personal journey, highlighting how he initially planned to become a teacher before three...more
In the second part of this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Paul Kiernan, a partner at Holland & Knight and chair of the firm's Public and...more
It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex, and...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about the importance of one's appearance while in the courtroom. He especially emphasizes that the wrong clothing can be...more
Legal discovery often comprises the longest stage of casework—identifying evidence, developing timelines, and vetting witnesses. The facts, strengths, and weaknesses of a case provide puzzle pieces that attorneys identify and...more
When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more
Case preparation can take months of research, depositions, and strategic planning—all for that one high-pressure moment in court. Even learning how to write a good opening statement can take a considerable amount of time and...more
In most legal battles in the US, the ultimate decisions about guilt or innocence—along with sentencing and other concerns—are made not by attorneys or judges but by the jury panel. The role every citizen is responsible for...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
On October 20, Kilpatrick Townsend’s partner Vince Parrett, McManis Faulkner partner Elizabeth Pipkin, and three distinguished Santa Clara County Superior Court Judges Roberta S. Hayashi, Sunil R. Kulkarni, and Joanne...more
Since it’s Halloween, let’s consider a frightful topic. Experienced trial lawyers usually get past their stage fright early on, and even come to relish the idea of standing in front of a jury, or most any audience. But...more
In our second installment of “Better Know a Judge,” we welcome the Honorable Mary M. Johnston of the Delaware Superior Court in New Castle County. Judge Johnston, who is a member of the Superior Court’s Complex Commercial...more