Podcast - “I Lied Like a Dog!”
Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Persistence and Determination
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - Walking Tall
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Podcast - The Seeds of Corruption
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
Podcast - Part II: Being an Expert Is a Lonely Business
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast - Finding Common Ground
Podcast - "Ready for Trial?"
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
Podcast - Every Case Is a New World
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
The 3 Core Themes of Trial Law: Tell Your Story
The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
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
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
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
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
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
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
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 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
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
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components...more
As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more
As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more
In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries,...more
On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of...more
From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more
If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more
Why Expert Credibility is Crucial - The adversarial nature of a jury trial leads many of our clients to ask, “Will my expert come across better than theirs?” This is a justifiable concern since jurors’ decisions about...more
IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more
It comes as no surprise that when a witness is perceived as being credible, their messages will be more persuasive to the jury. Much academic research has been conducted to determine the primary characteristics that measure...more
On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more
In the fourth episode of his "Ethical Witness Preparation" podcast series, "Finding the Balance," litigation attorney Dan Small draws a parallel between witness preparation and translating different languages. Mr. Small also...more
I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to...more
I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid as the pictures are, they still don’t do it justice, and you have to be...more
It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable...more