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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?
Of all the challenges inherent in discovery, case strategizing, and trial preparation, a missing witness or other key person may pose the most frustration. Most individuals can be located easily at their place of residence or...more
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
Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...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
In Hall v. Baltimore Police Dept., 2025 WL 1548560 (D. Md. May 30, 2025)(Austin, J.), the Court considered whether materials created many years after the underlying incident were protected under the work-product doctrine. The...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
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
Remote depositions took hold during COVID and continue to be common; one study conducted in 2021 found that while 87 percent of lawyers rarely or never participated in remote depositions before COVID, 83 percent expected to...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the vital role of storytelling in trials. Drawing from his experiences in the Hyattsville, Maryland, Magistrate's...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
Given how critical depositions are to the legal process, it stands to reason that fair deposition practices are paramount to a legal team’s success. However, several forms of unethical and unfair conduct can emerge during...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
Three years of law school can teach us many things. But what they do not do very well—as we typically discover soon after graduating—is prepare us for the actual practice of law. For those of us who always planned to be...more
The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...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
The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for organizing a trial and questioning witnesses. He highlights that no one approach is the same and...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
Thorough preparation of the deposition witness is critical to successful deposition practice. Prior to the deposition, the witness should be advised how and when to respond to questioning, the roles of counsel and the court...more
Akin to a buddy-cop movie—there are some pairings that are stronger together. For trial attorneys, one such pairing is trial themes and mock trials. A trial theme, also known as a case theme, is critical to simplifying a...more
In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more
Fulstow & Another v. Francis should serve as a reminder of the court’s willingness to sanction parties severely for failing to comply with the procedural rules relating to trial witness statements....more