False Claims Act Insights - The Mathematics of Nuclear FCA Verdicts
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
Do they trust you? When an early-career lawyer can answer “yes” to that question, they’ve developed a critical skill necessary for success. The importance of gaining another’s trust begins with your supervising attorney and...more
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
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
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
Before jurors can deliberate on a case after an expert witness testifies, the expert witness must first complete voir dire. French for “Speak the truth,” voir dire is a questioning process judges and lawyers utilize to...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
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 a year where COVID-19, social injustice protesting, a contested national election, and even murder hornets challenged our sense of normalcy, Illinois courts decided medical malpractice disputes befitting a truly...more
It has been a tough year for science. On the social-science front, it seems that we have entered a phase where no one believes the polls. To conservative Trump supporters, the consensus of data showing the President well...more
As of press time for this post, 173,094 Americans have died from the novel coronavirus. If the United States had followed the example of other developed countries by taking earlier and more decisive actions against the virus,...more
As a twice-weekly blog writer focusing on the social science of legal persuasion, I am thankful that during this medical emergency, the research has kept coming. Even as restaurants, bars, beaches, and schools have been shut...more
What makes an expert witness persuasive to a jury? Is it their background and training? The work that they did on the case? Their communication skills in teaching the jury? The research suggests that expert influence depends...more
In the fifth episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small shares the seven most common mistakes lawyers make when preparing witnesses for trial. Along with summarizing these...more
The big moment finally arrived. After two years of investigations and fast-churning news cycles, Robert Mueller, the former Special Counsel who focused on Russian election interference and obstruction claims involving the...more
You have completed your discovery, you have designated your expert witnesses, and you have even deposed the other side’s experts. Now what? One of the tougher skills in conducting trials is being able to effectively conduct a...more