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 and client witnesses to wear clothing that is appropriate for the venue.

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 effectively persuade the jury.

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 its symptoms. He also explores the importance of expressing conviction in delivery through describing two types of voices: the low-key, matter-of-fact voice and the forceful yet controlled voice. His tips provide actionable guidance for new lawyers to enhance their courtroom presence and become more proficient in trial practice.

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 situations, they can be of great assistance.

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 against include avoiding broad questions, sounding scripted, and being lengthy.

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 career involving a grain elevator explosion, to show how compelling themes can support the factual basis of a case. Mr. Small also offers practical advice on refining these crucial components, stressing the need for clarity, plausibility and careful consideration of the facts to communicate with the jury.

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 various potential sources of feedback, including jurors, judges, clients and verdicts, highlighting their limitations and potential drawbacks.

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 apply the storytelling, efficiency and visual strengths of Hollywood productions to their own cases.

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 listeners to engage in discussions about observed practices and experiment with different styles to find their voice, but he cautions against blindly following trends without critical evaluation. Lastly, he encourages continuous learning from experienced lawyers, promoting a culture of shared knowledge and growth within the legal profession.

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 to adapt their approach to effectively engage and communicate with jurors.