The Trial Lawyer's Handbook

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers to enhance the power and persuasiveness of their words since the ancient Greeks. Mr. Small discusses why key devices such as lists, anaphora, and rhetorical questions remain v...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex and confusing. This episode also discusses the importance of maintaining a balance between being direct and providing enough detail to explain the argument. Ultimately, Mr. Small says...

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 distracting to the jury and that style choices should strike a balance between being authentic and being professional. He also mentions that it is equally important for clients a...

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small discusses the art of persuasive delivery in the courtroom. He shares invaluable strategies emphasizing the significance of factors such as cadence, modulation and the strategic use of silence to convey a powerful and impactful message. Mr. Small underscores the importance of speaking credibly and sincerely to effective...

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 confident and being arrogant. Mr. Small imparts valuable advice to inexperienced lawyers on handling nervousness, from meticulous preparation to recognizing and dealing with it...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for writing a script for trial. Mr. Small shares that a script works when it's presented properly and it can help lawyers win trials. Mr. Small also understands the downsides to it, such as scripts being boring, tedious and inflexible. However, he still believes in certain si...

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 that it varies for each attorney. Some best practices he mentions include being thorough, user-friendly, well-organized, and well-documented, while some practices he advises a...

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 role of a coherent theory of events and strategic themes to focus the trial's narrative. He illustrates the concept with multiple examples, including a case from early in his...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the importance of feedback for trial lawyers and the challenges they face in obtaining it. Mr. Small explains that trial attorneys often lack substantive feedback on their courtroom performance, which necessitates creative and proactive approaches to seek constructive criticism. He discusses var...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small analyzes the similarities and differences between real-life trials and ones portrayed in television and movies. Mr. Small pulls from his experience as a consultant for a legal TV show to illustrate that, although court proceedings on the big screen aren't always realistic, developing litigators can a...

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 and strategies firsthand. Mr. Small advocates for borrowing effective techniques from successful attorneys while stressing the importance of authenticity in court. He advises l...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores three pivotal trends that have significantly impacted courtroom advocacy in recent years: the digital revolution, shortened attention spans and a lack of trial experience among attorneys. Mr. Small reflects on the increasing prevalence of these trends and underscores the need for attorneys t...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom skills, including reading educational books, observing other professionals in action, seeking guidance from seasoned trial attorneys, honing skills outside the courtroom and...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the vital role of storytelling in court cases, highlighting the need to construct, narrate and display a story effectively. He emphasizes the importance of establishing central themes for a case, customizing the narrative to suit the court and audience, and humanizing the case to make it rel...

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 than necessary to win the case and clearly articulating what you want from the jury. He stresses not only the importance of clearly explaining the desired outcome but also how...

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 overloading jurors with unnecessary words, demonstrating how a streamlined approach can significantly bolster an argument's clarity and force. Mr. Small advocates for concise la...

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 introducing facts that were not presented during trial. Mr. Small also reminds attorneys to refrain from expressing personal opinions and focus solely on the evidence at hand.

In this episode of "The Trial Lawyer's Handbook" podcast, Partner Dan Small shares insights on crafting persuasive closing arguments. Mr. Small emphasizes the importance of organization, preparation and effective time management in delivering compelling closings. He discusses common pitfalls to avoid and offers practical strategies for guiding jurors to a favorable verdict. This episode provides e...

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 argument as well as the opportunities that come with effectively concluding a case by weaving together evidence into a clear and comprehensive picture for the jury. Additionally,...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small addresses the art of making effective objections during trial, highlighting the importance of preparation, quick thinking and poise. He delves into strategies for anticipating objections, the significance of listening intently to catch leading questions and the proper manner to object and respond to obje...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination by asking short, clear questions. Mr. Small advises to avoid the temptation to ask witnesses to agree with characterizations or conclusions and instead to focus on what the witness saw, heard and did. He also notes an effective appro...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the ninth commandment from the "Ten Commandments of Cross-Examination" coined by Irving Younger. Mr. Small explains why it's important for attorneys to avoid asking one question too many and the potential consequences of taking a line of questioning too far.

In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the "Ten Commandments of Cross-Examination." Coined by the late Irving Younger, then a professor at Cornell Law School, this advice guides attorneys when conducting a cross-examination. Mr. Small outlines all ten commandments and identifies how to implement each for a succe...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic answers answers: refreshing a witness' memory, using past recollection recorded and impeachment by a prior inconsistent statement. The episode also outlines the steps involved...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the witness never made any prior statement on the subject. Mr. Small provides helpful insight into how to properly handle this particular situation in the courtroom.