The Trial Lawyer's Handbook

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers typical areas of expert cross-examination and rules to follow when examining an expert witness. Mr. Small focuses on why your cross should always be well thought out and prepared.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights strategies including maintaining a poker face and waiting patiently for cross-examination to present a compelling argument. Mr. Small also emphasizes the importance of committ...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully selecting which inconsistencies to address, preparing thoroughly and executing the impeachment effectively. Mr. Small provides seven key points for lawyers to consider when atte...

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 questions and avoiding arguments with an uncooperative witness. Mr. Small also outlines the potential benefits and drawbacks of two common approaches for managing explanatory...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises against provoking arguments and instead advocates for asking clear, concise questions that aim to extract factual information. Mr. Small also emphasizes the importance of mai...

In the latest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the art of cross-examination, focusing on the strategic use of leading questions. Through practical insights and examples, Mr. Small emphasizes the importance of brevity and clarity in cross-examination tactics, providing valuable guidance for legal professionals.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of preparation and organization when engaging in cross-examination. Mr. Small addresses the various stages of cross and explains how to approach it to effectively engage the judge and jury. Additionally, he illustrates these points with examples of the do's and don'ts that a...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the importance of understanding when to cross-examine. Mr. Small highlights the challenges that come with cross-examination and seven thoughts to consider before taking action.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines nine basic approaches attorneys can incorporate when conducting a cross-examination. He encourages listeners to take all nine into account and think critically about how to combine and structure various approaches for an effective cross-examination.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small provides a comprehensive guide on effectively introducing and utilizing exhibits during trials. He outlines a six-step process covering selection, research, timing, logistics, publishing and explaining exhibits. Mr. Small emphasizes the importance of careful planning, anticipating objections, conside...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the nuanced art of redirect examination, emphasizing its strategic use to mitigate damage and refocus the jury's attention. He points out common pitfalls, including unrealistic expectations by lawyers, that can lead to squandering the opportunity for a limited but effective redirect. Mr. Small...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers the crucial role of cross-examination and its impact on our justice system. In the episode, Mr. Small explains the importance of addressing the "why" before diving into the "how" of this process.

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 narrative, reality demands strategic storytelling. Drawing from his book, Lessons Learned from a Life on Trial , Mr. Small offers insights into making complex cases understan...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the impact of verbal clutter in legal proceedings. He stresses the importance of asking concise, clear questions, urging lawyers to avoid unnecessary phrases that add ambiguity. Mr. Small presents practical strategies for effective and efficient questioning, ultimately enhancing the trial...

In the latest episode of the "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares insights on strengthening direct examinations. He stresses that every question should advance testimony in a logical flow. Mr. Small also explains the importance of establishing adequate foundations before delving into substantive details. Listeners will learn to avoid "how do you know"...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes over how to avoid leading questions on direct examinations while still maintaining control. Mr. Small outlines six important steps to help ensure direct examinations go the way lawyer want it to: preparation, mistakes, pace, pieces, narrative and listen. These steps help both to control the witness...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores how to avoid asking leading questions during direct examination. The Federal Rules of Evidence state that lawyers should not use these types of questions when examining a witness, except when necessary to develop the witness' testimony. Mr. Small recommends using concise and straightforward "W"...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the basics of an effective direct examination. He walks listeners through the six key elements of a well thought out, well delivered direct examination.

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 such as introducing key legal concepts without crossing any lines, skillfully anticipating opponents' arguments, addressing your case's weaknesses from the outset and thanking...

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 as a perfect trial, or anything close to it, some mistakes are easier to avoid than others.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument. He examines types of statements that may be used in an opening that appear to blur the line between facts and argument, showing how the distinction between the two can be dif...

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 the jurors in is by making them care about what you have to say, comparing presenting opening statements to telling a story.

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 sequential. He emphasizes the importance of capturing jurors' attention from the start and recommends avoiding unnecessary details, focusing on the theme and facts to keep juro...

Litigation attorney Dan Smal l continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips for crafting a narrative that draws jurors in and sets the stage for your side's case. From understanding courtroom customs to anticipating opposing arguments to staying authen...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the use of jargon within a courtroom. Mr. Small goes over the negative impact that it can have on the jury and explains why it's important to try to keep it at a minimum. He also illustrates how jargon can be used to one's advantage if there is no way to avoid it.