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Trial Practice Guidance

Holland & Knight LLP

Podcast - “I Lied Like a Dog!”

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the critical issue of false testimony and its damaging effects on the justice system. Centered on the case of...more

Zelle  LLP

Florida’s Rules of Civil Procedure Have Some Changes

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Recently, Florida lawmakers enacted amendments to the Florida Rules of Civil Procedure. Rule 1.280 addresses initial disclosures and now imposes stricter obligations on parties to timely exchange them. Effective January 1,...more

Holland & Knight LLP

Podcast - Part II: The Do’s and Don’ts of Demonstratives

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In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, about the practical aspects of...more

Lowndes

Deposition Basics: What to Expect and How to Prepare

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As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more

Holland & Hart - Your Trial Message

Expect More Extreme Anti-Corporate Attitudes

In modern times at least, corporations have not been terribly popular. However, since the murder of UnitedHealthcare’s CEO about a half a year ago in New York City, observers and the corporations themselves have been paying...more

U.S. Legal Support

Building a Strong Trial Narrative to Improve Outcomes

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Trial strategy isn’t solely a matter of collecting and presenting the right set of evidence and testimony—it requires organizing and crafting a narrative that connects with jurors. With each new jury, you’re back at the...more

Holland & Knight LLP

Podcast - Persistence and Determination

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the evolution of the Racketeer Influenced and Corrupt Organizations (RICO) statute. As a young lawyer with the U.S....more

Holland & Knight LLP

Podcast - Part I - The Do’s and Don’ts of Demonstratives

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In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, to discuss the vital role of trial...more

IMS Legal Strategies

Trial Preparation Through a Strategic Lens

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We know that successful trial outcomes are rarely the result of a single, game-changing moment. Instead, they are built on preparation, precision, and the cumulative impact of small, strategic decisions. In a recent IMS...more

Holland & Knight LLP

Podcast - Walking Tall

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts a compelling story from Appling County, Georgia, where corruption and drug smuggling under a powerful sheriff...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)

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Welcome back to the Bar Exam Toolbox podcast! We're continuing our summary of topics from Torts we've covered in our "Listen and Learn" series. Today we're discussing person-based and property-based intentional torts, as well...more

Tyson & Mendes LLP

Trial Prep: Expectation vs. Reality

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When I first decided I wanted to become an attorney, I did not think about being in trial. Even in law school, I gave little thought about what it would mean to be in trial. Like a lot of people, my experience with being in...more

Holland & Knight LLP

Podcast - The Seeds of Corruption

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small begins a multi-part examination of a drug trafficking and corruption case in Appling County, Georgia. As increased law enforcement efforts in...more

U.S. Legal Support

How Jury Consultants Analyze Nonverbal Cues

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People are often advised to don a “poker face” when entering a court of law. The thinking is that suppressing overt reactions is a way of showing one’s objectivity....more

U.S. Legal Support

Post-Trial Juror Interviews: Best Practices

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In the American legal system, counsel is prohibited from speaking with the jury outside of a trial itself and the specific, structured ways they’re meant to interact. Practicing attorneys, law students, and most people with a...more

Holland & Knight LLP

Podcast - How Do You Define Success?

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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

EDRM - Electronic Discovery Reference Model

Chambers Guidance: Using AI Large Language Models (LLMs) Wisely and Ethically

Tomorrow, I’m delivering a talk to the Texas Second Court of Appeals (Fort Worth), joined by my friend, Lynne Liberato of Houston. We will address LLM use in chambers and in support of appellate practice, where Lynne is a...more

Holland & Knight LLP

Podcast - Seek Out Feedback

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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

U.S. Legal Support

The Art of an Effective Closing Argument

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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

Holland & Knight LLP

Podcast - Part II: Being an Expert Is a Lonely Business

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In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve...more

Holland & Knight LLP

Podcast - Part I: Being an Expert Is a Lonely Business

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In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three...more

Ward and Smith, P.A.

Dangerous Traps in the Fourth Circuit: Three Easy Ways to Lose an Issue on Appeal

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Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so finding a roadmap for...more

Holland & Knight LLP

Podcast - Finding Common Ground

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts the challenges he faced during the Farmers Export grain elevator explosion trial. He emphasizes the importance of...more

Holland & Knight LLP

Podcast - "Ready for Trial?"

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Litigation attorney Dan Small unexpectedly took the lead in prosecuting the high-profile case of the Farmers Export grain elevator explosion, a major incident in Galveston, Texas, that resulted in the deaths of 18 people in...more

Butler Snow LLP

The Demise of the Civil Jury Trial: Why It Might Be Happening and Why It Matters

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Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more

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