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, considering the best witness and timing for each exhibit, and seamlessly integrating exhibits into the overall case narrative and demonstratives. This episode offers valuable strategies for maximizing the impact of exhibits and avoiding common pitfalls.

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 widely from witness to witness. Additionally, he highlights the need for discipline and focus, advising against attempting to cover every point raised during cross-examination to ensure key arguments stand out.

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 understandable, focusing on the techniques of looping and bookends for effectively keeping jurors engaged and informed. These strategies highlight the need for clarity and skill when guiding the jury through the often-convoluted paths of legal narratives.

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.

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" questions that risk sounding leading or casting doubt. He notes proper order and phrasing also matter when introducing documents or physical evidence.

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 and guarantee that the testimony is clear, effective and engaging for the jury.

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" questions — who, what, when, where, why and how — to allow witnesses to freely share their story without shifting the jury's focus to the attorney.