The Case for Preparation: Why Real Advocates Do Not “Wing It”
Effective advocacy begins with preparation. Learn why mastering your case empowers real-time improvisation and why “winging it” is never a substitute for competence.
Two Gates to the Stand: How Civil Discovery Rules and Evidence Rules Can Make or Break Your Expert
Learn how FRCP 26 and 37 differ from FRE 702 and 703, and how discovery rules and Daubert admissibility standards can make or break expert testimony at trial.
Own the Record: Why Trial Attorneys Must Lead on Jury Instructions and Pretrial Statements
This article highlights the crucial role of instructions and pretrial statements in trial advocacy, emphasizing that effective litigation relies on not just courtroom arguments but meticulous document preparation. It explains that joint pretrial statements and well-drafted jury instructions deliver strategic advantages, safeguard the official court record, and signal professional competence that judges expect from experienced litigators.
Understanding Florida’s Private Trial Resolution Statute
Learn how Florida’s private trial resolution process offers a faster, efficient alternative to traditional court litigation for commercial, family, and civil disputes while preserving due process.
Preserving Crucial Testimony: The Role of Depositions De Bene Esse in Business Fraud and Ponzi Litigation
Discover how de bene esse depositions preserve crucial trial testimony in complex business fraud and Ponzi schemes. Explore their legal origins, federal and state recognition, and real-world case examples from Florida and beyond.
The Importance of Pattern Jury Instructions for New Attorneys
For attorneys early in their careers, mastering the fundamentals of litigation requires understanding not just substantive law, but...
Key Strategies Attorneys Should Use for Evidentiary Hearings
Following two recent evidentiary hearings, I was reminded of the significant challenges attorneys face in evidentiary hearings, where...
NY Appellate Court Voids Half-Billion-Dollar Fraud Penalty in Trump Case, But Upholds Liability Finding
On August 21, 2025, New York’s Appellate Division, First Department, issued a landmark, split-decision in the civil fraud...
Who is the “Prevailing Party” under Florida Law?
In Florida, determining the “prevailing party” for attorney’s fees purposes depends on the specific statute or contract provision...
Best Practices for Lawyers Dealing with Pro Se Litigants
Representing clients against pro se litigants presents unique challenges that require patience, professionalism, and strategic thinking. These self-represented...
When Unilateral Attorney’s Fees Become Mutual
Under the so-called “American Rule“, parties to litigation in the United States pay by their own attorney’s fees...
10 Ways the COVID-19 Pandemic Changed the Practice of Law
Last month marked five years since the World Health Organization declared the Covid-19 outbreak a global health emergency....