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The Trial Lawyer's Handbook - Podcast

The Trial Lawyer's Handbook

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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Update frequency
every 6 days
Average duration
7 minutes
Episodes
109
Years Active
2023 - 2025
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The Ten Commandments of Cross-Examination

The Ten Commandments of Cross-Examination

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 Younge…

00:07:37  |   Tue 13 Aug 2024
Refresh vs. Impeach: Know the Difference

Refresh vs. Impeach: Know the Difference

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 approache…

00:07:48  |   Tue 06 Aug 2024
Impeaching with a Deposition

Impeaching with a Deposition

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 …

00:06:45  |   Tue 30 Jul 2024
Cross-Examination of Expert Witnesses

Cross-Examination of Expert Witnesses

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. M…

00:05:21  |   Tue 23 Jul 2024
Cross-Examination: The Three C’s of Impeachment

Cross-Examination: The Three C’s of Impeachment

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 expl…

00:08:43  |   Tue 16 Jul 2024
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement

Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement

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 …

00:05:28  |   Tue 09 Jul 2024
Cross-Examination: Finding Control

Cross-Examination: Finding Control

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 …

00:07:32  |   Tue 02 Jul 2024
Cross-Examination: Don't Argue - Elicit Facts

Cross-Examination: Don't Argue - Elicit Facts

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-exami…

00:06:00  |   Tue 25 Jun 2024
Cross-Examination: Asking the Right Leading Questions

Cross-Examination: Asking the Right Leading Questions

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. Thro…

00:07:11  |   Tue 18 Jun 2024
Cross-Examination: The Importance of Organization

Cross-Examination: The Importance of Organization

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. Sm…

00:06:23  |   Tue 11 Jun 2024
Understanding When to Cross-Examine

Understanding When to Cross-Examine

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 c…

00:05:45  |   Tue 04 Jun 2024
Cross-Examination: Basic Approaches

Cross-Examination: Basic Approaches

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 encoura…

00:07:35  |   Tue 28 May 2024
Direct Examination: Offering Exhibits

Direct Examination: Offering Exhibits

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 o…

00:09:09  |   Tue 21 May 2024
Basic Points to Consider in Redirect Examination

Basic Points to Consider in Redirect Examination

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 …

00:06:54  |   Tue 21 May 2024
The

The "Why" of Cross-Examination

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. S…

00:05:14  |   Tue 21 May 2024
Direct Examination: Looping and Bookending

Direct Examination: Looping and Bookending

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 wou…

00:05:56  |   Tue 30 Apr 2024
Direct Examination: Getting Rid of Clutter

Direct Examination: Getting Rid of Clutter

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 c…

00:07:05  |   Tue 23 Apr 2024
Direct Examination: Asking Questions in the Right Order

Direct Examination: Asking Questions in the Right Order

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 a…

00:05:59  |   Tue 16 Apr 2024
Direct Examination: Controlling a Friendly Witness

Direct Examination: Controlling a Friendly Witness

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. Sma…

00:07:34  |   Tue 09 Apr 2024
Direct Examination: To Lead or Not to Lead

Direct Examination: To Lead or Not to Lead

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 …

00:07:05  |   Tue 02 Apr 2024
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