In the latest episode of his "Powerful Witness Preparation" podcast series, "Typical 'Wiggles and Squirms' to Avoid Rephrasing a Question," litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. Picking up from his last episode, "Don't Ask a Question You Don't Understand," he talks about what he terms the "wiggles and squirms" of the witness environment. Much as a child wiggles and squirms when a parent imposes rules and discipline, a questioner will wiggle and squirm when a witness imposes rules and discipline by demanding clear and fair questions. Mr. Small discusses three common "wiggles and squirms" used by questioners and explains how to counteract them.

In the latest episode of his "Powerful Witness Preparation" podcast series, "Don't Answer a Question You Don't Understand," litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. In this episode, he reminds listeners that witnesses should only answer the questions they fully understand. What does it mean to "fully understand" a question? Mr. Small describes three tests — clarity, comprehension and comfort — but emphasizes that above all, if a question contains assumptions that the witness doesn't understand, doesn't agree with or simply isn't comfortable with, they should not answer. When in doubt, "Please rephrase the question."

In the latest episode of his "Powerful Witness Preparation" podcast series, "Be a Relentlessly Polite Witness," litigation attorney Dan Small continues an in-depth discussion of the rules for witness preparation. In this episode, he emphasizes that witnesses must be relentlessly positive and relentlessly polite, not only for etiquette but also for survival. To accomplish this, witnesses must remember who the audience is and what the challenges are. Testifying is not a game where opposing sides are scoring points; a witness' job is to convince the judge and the jury, not argue with the questioner. Mr. Small explains several tips for helping witnesses overcome this challenge, from keeping their cool to not being afraid of details.

In the latest episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. In "Tell the Truth," he analyzes the oath taken by every witness: to tell the truth, the whole truth and nothing but the truth. He breaks down each of these three components, explaining common pitfalls and offering tips for counteracting them.

In the latest episode of his "Powerful Witness Preparation" podcast series, "Remember, You Are On The Record," litigation attorney Dan Small continues his in-depth discussion of the rules for witness preparation. This episode covers an aspect of witness testimony that makes it an especially strange experience: Everything is on the record. Once words leave a witness' mouth, they can't be taken back. With that in mind, Mr. Small shares two key ideas for witnesses to keep in mind: timing and language. If witnesses slow down, talk in complete sentences and think carefully about the words they're using, they will leave behind a better record.

In this episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small begins an in-depth, 10-part dive into the rules for witness preparation. The first rule — witnesses must take their time — underscores the importance of taking control as a witness. He briefly discusses how multitasking and fairness factor into this process before talking about the three primary concerns he hears from witnesses when he tells them to take their time.

In the sixth episode of his "Powerful Witness Preparation" podcast series, "Basic Principles for Being a Witness," litigation attorney Dan Small describes the two fundamental principles of being a good witness and explains how to carry them out effectively. Although concepts like "Listen, listen, listen" and "Don't try too hard" may sound easy, knowing how to apply them requires a level of understanding and discipline that can only come through careful preparation.

In the fifth episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small looks at the seven most common mistakes lawyers make when preparing witnesses for trial. Cautioning that "a failure in preparation is a failure in representation," he summarizes these mistakes and provides solutions that will help lawyers bring their witness preparation to the next level.

In the fourth episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small shares the three most common reasons why clients think they don't need to prepare for testimony. He explains how to respond to clients who harbor these misconceptions and shares tools and techniques that have helped him convince clients that witness preparation is key.

In the third episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small covers how to fill in the gaps during witness preparation and how to help witnesses overcome three major hurdles they face when preparing to take the stand. He explains the importance of addressing these gaps so that witnesses can perform their job effectively in the litigation environment.