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Podcast - “I Lied Like a Dog!”
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
The 3 Core Themes of Trial Law: Tell Your Story
Podcast - Getting Dressed for Court
Podcast - The Witness Outline
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Podcast - Direct Examination: Getting Rid of Clutter
The Basics of Opening Statements
Exuding Credibility in the Courtroom
Bar Exam Toolbox Podcast Episode 233: Listen and Learn -- Impeachment (Part 2)
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54
Podcast - Finding the Balance
Podcast - A Tortured Journey with the Lying Witness
Live Trials During the COVID-19 Pandemic: What’s Changed?
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps,...more
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
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
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
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
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts his experience as a new prosecutor in the U.S. Department of Justice's Criminal Division, where he was unexpectedly...more
Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more
Cross-examination is the stuff of drama in fictional courtroom depictions. The savvy lawyer taking on a hostile witness on the stand—these are the moments TV and movie audiences live for. However, the truth is real-life...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
First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more
In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more
Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...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
In popular culture, a trial often hinges on a single moment – an accidental admission of guilt or sudden epiphany from a budding lawyer. But when a matter heads to a final arbiter in the real world, a legal team will have...more
While PTAB proceedings are ordinarily decided “on the papers,” in certain rare cases the Board will permit live witness testimony at the oral hearing. The Board’s precedential decision in K-40 v. Escort explains that...more
In a recent decision that the PTAB designated as precedential, the Board denied a patent owner’s request to provide live testimony from the inventor of the challenged patent at the oral hearing. In DePuy Synthes Products,...more
How do humans assess large sets of evidence? We start by simplifying and internally summarizing. One of the main ways we do that is to boil the information down to a limited number categories, usually two. For example, let’s...more
With Labor Day right around the corner, the NFL is gearing up for the 2015 season. Fantasy football leagues are getting ready for another year of camaraderie, smack talk, and thoughts of a championship. Mention...more