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PODCAST

The Trial Lawyer"s Handbook

Holland & Knight

The Trial Lawyer"s Handbook is a Courtroom Preparation podcast series brought to you by Holland & Knight. This series is hosted by litigation attorney Dan Small and is based on a longstanding article series he co-authored with Judge Dennis Saylor for Massachusetts Lawyers Weekly. Listeners of this series will gain a fresh perspective on how attorneys can address various trial preparation issues and set themselves up for success in and out of the courtroom.

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All Episodes

8:48

How to Make Clear, Quick and Effective Objections

The Trial Lawyer"s Handbook ·

2024/09/03

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 objections. Mr. Small stresses that beyond preventing unfavorable evidence, objections serve to preserve

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8:06

More on Cross-Examination: Building a Case Brick by...

The Trial Lawyer"s Handbook ·

2024/08/27

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 approach is to build a case "brick by brick," presenting a series of factual questions that lead the jury to

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4:01

Cross-Examination: Don't Ask One Question Too Many

The Trial Lawyer"s Handbook ·

2024/08/20

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.

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7:37

The Ten Commandments of Cross-Examination

The Trial Lawyer"s Handbook ·

2024/08/13

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 successful cross-examination.

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7:48

Refresh vs. Impeach: Know the Difference

The Trial Lawyer"s Handbook ·

2024/08/06

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 refreshing a witness' memory and gives advice on how to handle mistakes made by witnesses.

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6:45

Impeaching with a Deposition

The Trial Lawyer"s Handbook ·

2024/07/30

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.

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5:21

Cross-Examination of Expert Witnesses

The Trial Lawyer"s Handbook ·

2024/07/23

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.

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8:43

Cross-Examination: The Three C’s of Impeachment

The Trial Lawyer"s Handbook ·

2024/07/16

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 committing witnesses to their statements, crediting those statements for credibility and confronting

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5:28

Cross-Examination: How to Effectively Impeach with a...

The Trial Lawyer"s Handbook ·

2024/07/09

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 attempting to impeach a witness, including assessing the significance of the inconsistency, setting up the

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7:32

Cross-Examination: Finding Control

The Trial Lawyer"s Handbook ·

2024/07/02

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 answers during cross-examination.

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6:00

Cross-Examination: Don't Argue - Elicit Facts

The Trial Lawyer"s Handbook ·

2024/06/25

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 maintaining control during questioning and the impact of skillfully guiding witnesses to provide factual

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7:11

Cross-Examination: Asking the Right Leading Questions

The Trial Lawyer"s Handbook ·

2024/06/18

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.

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6:23

Cross-Examination: The Importance of Organization

The Trial Lawyer"s Handbook ·

2024/06/11

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 attorneys should be wary of.

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5:45

Understanding When to Cross-Examine

The Trial Lawyer"s Handbook ·

2024/06/04

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.

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7:35

Cross-Examination: Basic Approaches

The Trial Lawyer"s Handbook ·

2024/05/28

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.

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9:09

Direct Examination: Offering Exhibits

The Trial Lawyer"s Handbook ·

2024/05/21

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, considering the best witness and timing for each exhibit, and seamlessly integrating exhibits into the overall

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6:54

Basic Points to Consider in Redirect Examination

The Trial Lawyer"s Handbook ·

2024/05/21

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 advises careful planning and strategy over emotion-driven responses, given that the process will vary

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5:14

The "Why" of Cross-Examination

The Trial Lawyer"s Handbook ·

2024/05/21

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.

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5:56

Direct Examination: Looping and Bookending

The Trial Lawyer"s Handbook ·

2024/04/30

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 understandable, focusing on the techniques of looping and bookends for effectively keeping jurors engaged and

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7:05

Direct Examination: Getting Rid of Clutter

The Trial Lawyer"s Handbook ·

2024/04/23

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 process and reducing confusion for both witnesses and the jury.

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132 results

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