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Young Lawyers Trial Practice Guidance Jury Trial

Robins Kaplan LLP

How Do I Trust Thee: Let Me Count The Ways...

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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

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

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

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

Holland & Knight LLP

Podcast - Every Case Is a New World

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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

Holland & Knight LLP

Podcast - Getting Dressed for Court

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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

Holland & Knight LLP

Podcast - Voice and Delivery

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the crucial role of confidence and conviction in persuading a jury, highlighting the fine balance between appearing...more

Holland & Knight LLP

Podcast - Crafting Winning Strategies: Theories and Themes in Trials

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the...more

Holland & Knight LLP

Podcast - Borrowing and the Art of Trial Advocacy

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the value of observing other lawyers in action, highlighting trials as opportunities to witness persuasive skills...more

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Preparing a Winning Trial Strategy

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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

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Fact Witness vs. Expert Witness: Key Preparation Tactics

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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

Holland & Knight LLP

In Closing Arguments, Don't Forget to Ask

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses effective strategies for closing arguments in trials. Mr. Small emphasizes two key principles: not asking for more...more

Holland & Knight LLP

Getting Rid of Clutter in the Closing Argument

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small zeroes in on the enemies of impactful closing arguments: disorganization and verbal clutter. He critiques the common pitfall of...more

Holland & Knight LLP

Podcast - The Basic Rules for Closing Argument

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines essential rules for lawyers during closing arguments. He speaks about the importance of not misstating evidence or...more

Holland & Knight LLP

Closing Argument: Opportunity and Challenge

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Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more

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Bench Trial vs. Jury Trial: Preparing for Each

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When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

U.S. Legal Support

Discover the Benefits of Mock Trials

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Case preparation can take months of research, depositions, and strategic planning—all for that one high-pressure moment in court. Even learning how to write a good opening statement can take a considerable amount of time and...more

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How to Select a Jury: Guide for Lawyers

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In most legal battles in the US, the ultimate decisions about guilt or innocence—along with sentencing and other concerns—are made not by attorneys or judges but by the jury panel. The role every citizen is responsible for...more

Holland & Knight LLP

Cross-Examination: Finding Control

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination. He emphasizes the need for careful preparation, clear...more

Holland & Knight LLP

Direct Examination: Looping and Bookending

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the real-world challenges of direct examination, emphasizing that while the ideal scenario would be a perfectly coherent...more

Holland & Knight LLP

Episode 28: Opening Statements: Some Common Challenges

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the complexities attorneys face in crafting an effective opening statement during a trial. He tackles common challenges...more

Holland & Knight LLP

Opening Statements: Common Mistakes

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses some common mistakes that lawyers tend to make in opening statements. As he explains, although there’s no such thing...more

Holland & Knight LLP

Opening Statements: Telling the Story

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the importance of connecting with jurors from the beginning of the trial. He explains that an important aspect of drawing...more

Holland & Knight LLP

Openings of Openings

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more

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