Recent Articles from Daniel Small, BridgeTower Media Newswires
Five most common faults of trial lawyers
One of the great privileges of being a judge is to be able to speak with jurors after a trial, to thank them and to ask them questions about what they had just witnessed.
Be careful with documents, prior statements
The witness is just settling into the deposition, starting to sense that there may be light at the end of the tunnel, when the questioner pulls out the first document. She waves it around with great flair, asks a few “isn’t-it-true” type questions and slaps it down on the table.
Making an impact on a witness
In past columns, I’ve talked about the “10 Rules” for witnesses as a way to help bridge the wide gap between normal conversation and communicating in a witness environment. The first is easy and natural; the second is difficult and unnatural — and treacherous. The language, rhythm and goals of each are very different.
Tell witnesses to be themselves on the stand
Tell your witness: Get off your stage and talk with people, as a real person. It can be hard to do, but it is necessary.
Witness preparation: Not only permissible, but essential
Just settling into the witness preparation session, your client nervously asks: “What if they ask about preparation?” It’s a frequent question — and concern — from witnesses.
There’s no guessing as a witness
One of the most obvious rules for witnesses is also one of the most difficult for people in everyday life: If you don’t remember, say so.
The witness’ four magic words
Witnesses have both a right and a responsibility to insist on clear and fair questions.
Coaching witnesses: 7 steps to being relentlessly polite
Don’t just tell witnesses to be polite. Tell them to be relentlessly polite.
7 deadly sins of witness preparation
Law schools may do a good job of teaching legal principles and theory, but they often ignore the true focus of real world legal practice: the client.
What it means to prepare a witness
Too many lawyers — including some very good ones — don’t prepare witnesses adequately because they fail to understand that being a witness is dramatically different than anything else the client has experienced.
An unprepared witness is a lost witness
When someone is called as a witness in any kind of legal matter, it’s usually a new and disturbing experience.
Legal News
- Survey: Harris has enough delegates to be nominee
- Outside the RNC, small Milwaukee businesses and their regulars tried to salvage a sluggish week
- Biden called to resign immediately after the president announces he won’t seek reelection
- Biden drops out of 2024 presidential race, endorses Harris
- Local PA cops allegedly thought Trump’s would-be assassin was Secret Service
- Biden-Lead Secret Service admits agency denied past requests by Trump’s campaign for tighter security
- Class action filed against Walgreens
- Former Waukesha County Sheriff’s Office lieutenant pleads guilty to smuggling contraband
- Two dead, one injured after Ozaukee County water rescue
- RNC Final Day: Trump accepts GOP Nomination
- Wisconsin officials intervene in Planned Parenthood action
- 7th Circuit adopts modifications to Rules 31, 34, 40, 47 and 60
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property