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.

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.

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.

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 committing witnesses to their statements, crediting those statements for credibility and confronting inconsistencies, offering lawyers critical insights to sway the jury with clarity and drama.

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 context properly and knowing when to stop questioning after making the point.

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.

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 responses on a case's overall strength.

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 attorneys should be wary of.