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 discusses the dangers of using both humor and sarcasm in the courtroom, while also recognizing the need to incorporate them in some ways. Small also mentions that sometimes a trial lawyer needs to be aggressive but should use that aggression in small doses to maintain an edge. Ultimately, Small advises not to let your clients' wishes cloud your judgment and emphasizes that although courtroom environments are complex, it's imperative to communicate effectively in all facets.

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers to enhance the power and persuasiveness of their words since the ancient Greeks. Mr. Small discusses why key devices such as lists, anaphora, and rhetorical questions remain vital methods for trial lawyers to effectively present evidence clearly and persuasively.