September 2015-September 2018

Tried and True: Ongoing Trial Preparation Series

Massachusetts Lawyers Weekly
Daniel I. Small

This biweekly column, published since September 2015 and co-authored with U.S.D.C. Judge Dennis Saylor, is titled "Tried and True" and focuses on trial preparation issues for attorneys in Massachusetts Lawyers Weekly.

Some Parting Thoughts As We Wrap Things Up
September 27, 2018

Expert Witnesses: Special Issues
September 13, 2018

Cross-Examination of Expert Witnesses
August 30, 2018

Direct Exam of Experts
August 9, 2018

Dealing With the Evidence of Time, Distance and Speed
July 26, 2018

Demonstrative Aids: Use Them
July 12, 2018

Using Technology in the Courtroom 
July 2, 2018

Showing Evidence to the Jury
June 14, 2018

Checklist of Common Objections
May 31, 2018

Learn How to Make Objections Quickly, Clearly and Effectively
May 10, 2018

Storytelling in Closings
April 26, 2018

In Closing Arguments, Don't Forget 'The Ask'
April 8, 2018

Getting Rid of Clutter in Closing Argument
March 22, 2018

The Basic Rules for Closing Arguments
March 8, 2018

Focus, Organization in Closing Arguments
February 22, 2018

Refresh vs. Impeach: Know the Difference
February 8, 2018

More on Cross-Examination: Characterizations, Conclusions
January 25, 2018

Opportunity, Challenge in Closing Arguments
January 11, 2018

Be Careful Not To Ask One Question Too Many
December 28, 2017

Ten Commandments of Cross-Examination
December 7, 2017

Impeaching With A Deposition
November 22, 2017

Cross-Examination and The Three C's of Impeachment
November 2, 2017

7 Basic Points for Impeaching with Prior Inconsistent Statement
October 19, 2017

Control In Cross Examination
October 5, 2017

Elicit Facts, Don’t Argue in Cross-Examination
September 21, 2017

Leading Questions in Cross-Examination
August 31, 2017

Organizing "Cross"
August 10, 2017

When To Cross-Examine
July 27, 2017

The Basic Approaches to Cross-Examination
July 13, 2017

The Why of Cross-Examination
June 29, 2017

Basic Points to Consider in Redirect Examination
June 15, 2017

Offering Exhibits in Direct Examination
June 1, 2017

"Looping," "Bookends" in Direct Examination
May 11, 2017

Getting Rid of Clutter in Direct Examination
April 27, 2017

Direct Examination: Asking Questions in the Right Order 
April 13, 2017

Direct Examination and the Friendly Witness
March 30, 2017

Direct Examination B: To Lead or Not to Lead
March 9, 2017

The Basic Elements of Direct Examination
February 24, 2017 

Some Common Challenges in Opening Statements
February 9, 2017

Some Common Mistakes in Opening Statements
January 26, 2017

The Prohibition Against Argument in Openings
January 12, 2017

Openings: Telling the Story
December 30, 2016

Openings of Openings
December 15, 2016

The Basics of Openings
December 1, 2016

Basic Courtroom Etiquette
November 10, 2016

Position and Movement in the Courtroom
October 27, 2016

Drowning in Complexity Part 2: Dealing With It
October 13, 2016

Drowning in Complexity
September 29, 2016

Humor and Anger in the Courtroom
September 15, 2016

Voice and Delivery, Part 2
September 1, 2016

Voice and Delivery, Part 1
August 18, 2016

Getting Dressed for Court
July 28, 2016

At Trial, Less is More
July 14. 2016

Connecting Separate Pieces of Evidence Clearly, Persuasively 
June 30, 2016

Effective Trial Language: Dispense with the Jargon
June 9, 2016

Effective Trial Language: Weeding out the Legalese
May 26, 2016

Effective Trial Language: Clearing Away the Noise 
May 12, 2016

Trials and Technology
April 29, 2016 

The Witness Outline
April 7, 2016

Scripting the Trial
March 25, 2016

Working Without Notes can be Recipe for Disaster
March 3, 2016

A Chronology Helps You Tell the 'Story' Effectively 
February 18, 2016

Tips for Putting Together the All Important Trial Notebook
February 4, 2016

Theory and Themes Key to Trying a Case
January 21, 2016

Five Most Common Faults of Trial Lawyers
December 31, 2015

Persuasion and Emotion
December 10, 2015

Persuasion and Argument
November 19, 2015

Trials and the Movies
November 5, 2015

Living Without Feedback
October 29, 2015

Learn the Unwritten Rules
October 15, 2015

Borrowing and the Art of Trial Advocacy 
October 1, 2015

Trial Advocacy in the Modern World
September 17, 2015 

This Extraordinary Process Called 'Trials'
September 3, 2015

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