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充分了解法律对律师的管理,对现代律师和律师事务所的生存和成功至关重要。Holland & Knight的法律专业团队旨在帮助律师及其事务所在保护和促进客户利益的同时,通过保护和促进他们的利益而获得成功。

  • 我们提供律师,律师事务所和企业和政府法律部门的全方位服务需要确保其客户的道德和有效代表。作为我们领域的经验丰富的律师,我们已准备好在预防,风险管理模式或特定问题需要立即关注时回应。
  • 我们的团队从经验中知道,最好的指导来自于理论与实践的结合,从我们作为执业律师的背景中收集的常识性方法。我们也知道,我们的律师提供的建议因其地域范围和广泛的业务而更加强大,这使我们能够从我们许多经验丰富的同事那里汲取广泛而深入的技能。
  • 即使是最老练的内部律师有时也会提出一些他们希望得到帮助的问题。我们提供它,无论情况涉及前沿的危机管理或允许更大的审议。在适当的情况下,我们也可以提供“律师建议”辩护的基础,使我们的客户,作为律师,可以专注于他们的客户所面临的风险,而不是对他们自己的任何风险。

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我们可以提供帮助

Holland & Knight的法律专业团队服务于律师和律师事务所客户的不同学科和行业的需求,强调管理律师的法规、文化和经济。manbetx万博app下载本所的法律专业团队以法律道德领域公认的思想领袖的经验为基础,为律师、律师事务所、内部律师和法律部门提供从广泛交易到复杂诉讼的全套服务。我们的实践重点包括:

服务

律师道德、风险管理与监管:我们的团队专注于建议律师和律师事务所有效运作,在指导客户改进其事务所、部门和招聘实践方面经验丰富。我们的法律道德和风险管理律师是全国最受尊敬的律师之一。我们以务实、结果为导向的方法,帮助律师了解和处理涉及其专业职责的情况。我们的风险管理评估服务帮助客户在问题开始前识别、审查和规避不利条件。我们特别自豪的是,我们在这个领域多年的工作使我们能够为每个律师、律师事务所和法律部门的问题提供实时的答案和解决方案,从最简单到极其复杂。

条纪律:律师执照是我们最需要保护的资产。当不当行为的指控被提交给州律师协会或其他纪律部门时,我们的技能、理解、网络和法官的深度可以帮助处理这一高度敏感的问题。

法律弊端:不幸的是,对律师事务所的索赔是做生意不可避免的一部分,但我们的团队指导律师和律师事务所识别和处理潜在的索赔以及对现有索赔的辩护。我们的律师团队已经发挥了关键的作用,在主要论文的法律渎职作者,因此建议客户在案件从主动辩护高调,赌公司的问题。

白领辩护和调查对于律师来说: Holland & Knight公司的白领犯罪辩护律师是一个经验丰富、多元化的团队。在法律专业团队中,我们利用这些经验,为律师和律师事务所客户提供最高水平的专注白领辩护和内部调查法律服务。当一个律师需要刑事辩护律师时,我们最适合做他的律师。

专家证人:我们的团队经验丰富,特别适合在涉及律师行为的纠纷中担当专家证人的角色。我们在法律道德、律师流动性、法律费用和受托责任等领域的全国公认的领导者为您带来您需要的知识,使您的案件分开。

律师收费争议:律师事务所费用纠纷 - 无论与客户还是其他律师事务所 - 都可以证明风险,但在运营法律实践时是必要的经营考虑因素。荷兰和骑士的广泛商业诉讼技能和长期经验,规定了管理费用,使我们公司提供有关如何考虑收集策略以及在出现时最佳争论这些争议的一流建议。

横向聘用、律师流动和合伙纠纷:当合作伙伴移动到新公司时,它可以导致一些法律问题,在某些情况下,在横向合作伙伴的多功能诉讼中。我们的团队在向律师和伴侣偏航和合作伙伴偏离的法律影响和伦理方面提供了促进律师和公司的经验,并提供了良好的解散和伙伴关系,并配备了争议问题,从违反信托义务到会计问题。

律师事务所劳工法:随着我们深入了解就业法,荷兰和骑士的法律职业团队承认并积极解决律师及其公司所面临的具体就业义务。律师事务所的就业问题需要特别关注公司律师的法律伦理和风险管理考虑因素。律师事务所设定的员工不当行为可以引导律师对责任和道德纪律的责任等后果。

律师事务所组织:我们的商业律师和法律道德专业人士提供并购顾问,帮助选择和组建实体,创建组织文新万博manbetx官网下载件,如合伙协议、经营协议、章程和股东协议、非股权和法律顾问协议、买卖协议。我们为各种规模的律师事务所制定薪酬模式,并提供经验丰富的组织架构建议。我们对作为商业组织的律师事务所的专业行为规则有深入的了解,并从多年的经验和律师事务所应对市场挑战和机遇的最佳实践中获得了悟性。

律师事务所数据隐私与安全:客户和执法机构越来越担心美国律所容易受到数据泄露的影响,因为这些律所拥有丰富的公司机密、商业战略和知识产权。我们提供全方位的服务,为企业提供在当今世界取得成功所需的服务,包括数据泄露响应、信息治理、隐私和安全培训,以及基于技术的网站和移动应用程序审计的公共政策倡导。除了帮助律所远离新闻之外,我们的团队还可以帮助那些发现自己受到监管调查或被点名参与集体诉讼的律所。此外,我们还帮助律师事务所应对和辩护针对州检察长和其他监管机构的诉讼。

律师事务所破产:作为我们团队多强行的服务于服务法律行业的一个要素,我们捍卫律师事务所的索赔,以收回未完成的业务,国家和联邦法律下的欺诈性转运,以及违反合同和侵权行为的损害。此外,我们建议在公司造成破产后,为个人合作伙伴面临责任。除代表公司之外,我们的团队还建议了索赔律师前律师事务所破产的潜在爪责任的潜在爪责任。

保险:有效的律师事务所风险管理减少了损失和责任暴露,从而提高了可保性。然而,即使是最“可保”的公司,也必须投入巨资将其不可避免的错误和遗漏风险转移到保险市场。由此产生的覆盖率是一种可以并且应该最大化的资产。我们的全国保险团队帮助了包括律师事务所在内的众多专业组织,以最大限度地提高其可获得的保险保护,并帮助客户开发和实施保险解决方案,以扩大保护和挖掘成本效率,甚至跨越不同的州边界。当发生索赔时,我们的团队为专业公司客户提供代理服务,使他们获得最大限度的保险利益。

你可以信任的指导

荷兰和骑士的法律职业团队拥有彻底的知识,丰富的经验,真诚地致力于一流的服务,律师和律师事务所相似地应对整个法律行业的特定需求。

我们的律师也是多产的作者和讲师,他们在这个细分领域共同撰写了开创性的文本,包括律师法,并为Robert Hillman的作文作出贡献,律师流动和罗恩·马伦的论文,法律弊端,2014年和2015年版。作为法律职业责任和道德领域的经验丰富的律师,我们深入了解努力遵守道德和专业标准的最佳实践,以及如何在争议时有效地应对。

我们的团队成员被国内知名出版物和机构认可为顶级法律专业人士:新万博manbetx官网下载

  • 我们的一些律师被评为作为道德和专业责任法的主要律师,包括顶级排名美国最好的律师从2010 - 2015年的指南
  • 我们的团队包括公认的行业领袖,包括职业责任律师协会(APRL)的前任主席和州律师法律道德委员会的前任主席或成员。

注册以获得常规警报来自法律专业团队。

多媒体

Holland & Knight's Veterans Group hosted a virtual panel for law student veterans to hear from legal professionals about their careers, how they used their military experience to obtain jobs, insights into what it takes to succeed, unique challenges that military and veteran law students face, and the opportunities available in the legal field.

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Duration: 1:00:50

","link":{"label":"Insights for Law Student Veterans","url":"/en/insights/media-entities/2020/12/insights-for-law-student-veterans","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2020/12/insights-for-law-student-veterans","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2020/02/do-not-volunteer-information/mediaepisode15still.jpg","alt":"Opening slide for podcast"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Do Not Volunteer Information, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. In this episode Mr. Small focuses on what witnesses need to be prepared to do during the extended pause that will occur after some questions. After a witness has answered a question to the best of their ability they must stop. He continues to explain that the silence after the question is another aspect that people aren't prepared for when taking the stand.
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\nWitnesses have to be prepared to answer and then stop. They must always remember to not volunteer any additional information just to fill the uncomfortable silence. This is incredibly unnatural. It is natural for one thought to lead to another and give a conversation some flow. If your witness was having lunch with a friend and they ask if they've seen a recent movie, their response will probably not be a simple yes or no. Most likely they will go on to talk about whether they liked the movie, or who they saw it with, or what other movies they've seen with the same actor or actress. As a witness they must simply answer whether they saw the movie and then stop.
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\nIn the unnatural question and answer world of being a witness, connections are not the goal. The witness's job is to answer the questions carefully, briefly, precisely and then go home. Connections mean they are volunteering. They must not do it. The questioner's job is to ask the right questions to get the information they want. It should not be the questioner's job to help answer the questions by trying to put words in the witness's mouth. Nor should it be the witness's job to help the questioner ask better questions or to volunteer information beyond the narrow lines of the question.
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\nThere are no shortcuts. A witness should answer each question at its most basic level and move forward in small easy steps. They shouldn't try to help the process along or anticipate where it might be going. Too often that means going off that straight and narrow path forward. Those kinds of sidesteps can take much more time in the long run and greatly add to the difficulty of being a witness. A witness should aim to give the questioner nowhere to go but forward and toward the end.

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Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 8: Do Not Volunteer Information","url":"/en/insights/media-entities/2020/02/do-not-volunteer-information","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2020/02/do-not-volunteer-information","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2020/02/playing-the-guessing-game-is-a-losing-strategy/mediaepisode14still.jpg","alt":"Opening slide for episode"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Playing the Guessing Game is a Losing Strategy, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. In this episode Mr. Small focuses on how speculation is a normal human instinct, but it is an instinct that can get a witness into a hole. He explains that there are three basic kinds of guessing.

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1) Factual Details - This form of guessing involves factual details, such as dates, times, names, numbers and so on. Guessing at even the most minor factual details is an easy way for a witness to get into trouble. It is important to tell your witness: If you're not absolutely sure, or do not know with complete precision, say so. Just say, \"I don't know\" or \"I don't want to guess,\" and stop. It's unnatural, but critical. In our everyday conversations, we guess, estimate or do whatever seems reasonable to keep the conversation going, knowing that we will never be cross-examined or held to our precise statement.
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\n2) Inference - Every day we draw inferences from what is around us. Inferences are often an answer to a \"why\" or a \"what.\" Why did someone do/say/write something? What did they mean by it? Why did something happen or not happen? In a casual conversation, the chances that our inferences are wrong are understood and accepted by all. As a witness, under oath and on the record, it is not acceptable. It means that there is a real chance that you are making a false statement which is a serious matter in all witness situations and a potential criminal act in many. As a witness, 95 percent simply is not good enough. Either you are 100 percent sure, or you are guessing. Don't do it. Just say, \"I don't want to guess\" and stop.
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\n3) Hypotheticals - Lawyers are used to hypotheticals as a teaching device. However, this is not an academic environment. As a witness, hypotheticals can be a dangerous trap. More important, they are the worst form of guessing: using hindsight and foresight, in either the \"attack hypothetical\" or the \"meteor hypothetical.\" The attack hypothetical is the most common hypothetical. This involves the questioner putting forward some assumed facts and then asking what the witness would, should or could have done. The meteor hypothetical is when the questioner tries to make a point by asking about something that has never happened. For example, \"If a meteor were to come crashing through your building tomorrow, what are the three things that Bob Smith should do?\" If it never happened, any answer to the question is pure speculation and guessing.

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Trying too hard to guess at answers and look smart is a dangerous luxury. Don't let your witnesses do it. When your witness is unsure of how to answer a question they must say, \"I don't know\" or \"I don't want to guess,\" and stop.

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy","url":"/en/insights/media-entities/2020/02/playing-the-guessing-game-is-a-losing-battle","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2020/02/playing-the-guessing-game-is-a-losing-battle","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2020/01/if-you-dont-remember-say-so/mediaepisode13still.jpg","alt":"Opening slide"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains that one of the more seemingly obvious rules is also the most difficult for many people - a witness can only testify to what they clearly remember. If a witness does not remember a detail, they need to say so.

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This rule is difficult because it is not a natural response in a normal conversation. Rarely would a person say \"I don't recall,\" and then stop talking. It is a natural tendency to try to keep the conversation moving, but a witness should not do this in testimony. If the witness does not have a clear and precise memory, they should say \"I don't recall,\" and stop.

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Mr. Small explains that it is normal for a witness to have a different memory, or no memory, of specific details and he breaks down the five reasons this happens.

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1) What's Important for One Is Not Important for All - Investigations will often focus on a single incident, transaction, practice, person or entity. The problem is that what the questioner is narrowly and intently focused on, may not have been particularly interesting, unusual or significant to the witness at the time.

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2) The Tougher the Issue, the Tougher the Memory - Important does not always mean memorable. This is particularly so when it comes to remembering things that were either physically or psychologically difficult.

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3) Memory Fades Quickly - The pace of investigations and litigation today means that questioning often does not happen until months or even years after the events at issue. This is not the witnesses' fault. They can only testify to what they precisely remember, and memory fades quickly.

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4) Faded Memory Becomes Random and Anecdotal - As our memory fades, we forget things unevenly. We may randomly forget recent events, but remember long past ones.

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5) Anecdotal Memory Becomes Reconstructed Memory - The real danger of not being comfortable with an imperfect and partial memory is that a witness could venture into the dangerous waters of reconstructed memory. Reconstructed memory is not based on what they actually recollect, but what they are pushed to infer, guess and conclude from everything else.

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Lastly, he makes sure to differentiate and draw a hard line between \"I don't know,\" and \"I don't recall.” In a normal conversation, there is often very little difference between \"no,\" \"I don't know,\" and \"I don't recall.\" However, for a witness, it can matter a great deal and change an entire testimony.

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No matter what a questioner may say or imply about what a witness \"should\" or \"must\" remember, it is perfectly normal to remember some bits and pieces, but not others. They should talk about what they clearly remember and not worry about what they don't.

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Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 6: If You Don't Remember, Say So","url":"/en/insights/media-entities/2020/01/if-you-dont-remember-say-so","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2020/01/if-you-dont-remember-say-so","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/12/mediaepisode12still.jpg","alt":"Still Image of Opening Slide"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Typical 'Wiggles and Squirms' to Avoid Rephrasing a Question, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He reiterates that it is important to ask for a question to be rephrased if it isn't clear and fair. He continues by explaining that a witness must prepare for three basic 'wiggles and squirms' that they will encounter when they take the stand.

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1) The Court Reporter - The most common \"wiggle and squirm\" is to use the court reporter. The questioner may ask for the court reporter to read back a question. There's nothing wrong with this and it gives everyone a chance to take a breath and listen to the question again. The problem is that an unprepared witnesses may think if the court reporter can read it back, it must be okay. Court reporters are remarkably good at what they do: but they do not edit, modify, or do anything to improve the words that come out of the questioner's mouth. If the question is not clear or is not fair a witness should always ask for it to be rephrased.

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2) The Follow-Up Question - Another classic \"wiggle and squirm\" is a challenge from the questioner in the form of a follow-up question. The questioner asks a bad question, the witness asks for it to be rephrased. Then the questioner may follow-up with  a question asking why the witness didn't understand the first question. A witness should keep it simple. The truth is that most bad questions are bad, at least in part, because they are too long. They should stick to their guns and wait for the question to be phrased in a way that is clear and fair.

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3) The Obstinate Child - The questioner asks a bad question and the witness asks for it to be rephrased and the questioner responds with saying they can't rephrase the question and that's the best they can do. If that is the best they can do, too bad. It's the witness' testimony not the lawyer's. Questions have to be clear and fair to the witness, not the questioner.

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If the witness imposes the discipline of \"Don't Answer a Question You Don't Understand,\" as outlined in the Rule 5a podcast, these are three \"Wiggles and Squirms\" the questioner may resort to as a way to rattle the witness and avoid rephrasing the question. They are simple and silly, but often effective with an unprepared witness. Don't let your witness fall for them.

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Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 5b: Typical 'Wiggles and Squirms' to Avoid Rephrasing a Question","url":"/en/insights/media-entities/2019/12/rule-5b","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/12/rule-5b","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/11/dont-answer-a-question-you-dont-understand/mediaepisode11still.jpg","alt":"Opening slide still"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Don't Answer a Question You Don't Understand, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He reminds us that a witness has the right to clear and simple questions and they should only answer questions they fully understand. In order to ensure that a witness fully understands a question, a witness must apply three simple tests.

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1) Clarity – Was the wording of the question clear to the witness? A witness shouldn’t be surprised or feel uncomfortable if some of the questions don't come out clearly. They just shouldn’t answer them.
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\n2) Comprehension – Even if they heard the words, do they really understand what's being asked? A witness needs to know whether they understand the narrow question that came out of the examiner's mouth because that is the question that will be committed to the transcript. Nothing else matters at that moment.
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\n3) Comfort – The question is comprehensible, but is the witness comfortable with what it contains, or the way it's being asked? The most common source of problems comes from the assumptions that are contained in the question and almost all questions contain assumptions. If the witness accepts someone else's assumptions they have put their word and their future behind a statement they may not agree with or understand.

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He finishes by reminding us that the solution is very simple. If a question contains assumptions that your witness doesn't understand, doesn't agree with or they just aren't comfortable with, they should not answer it. They should either ask that it be rephrased or directly challenge the false assumption.
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\nListen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 5a: Don’t Answer a Question You Don’t Understand","url":"/en/insights/media-entities/2019/11/dont-answer-a-question-you-dont-understand","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/11/dont-answer-a-question-you-dont-understand","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/10/be-a-relentlessly-polite-witness/mediaepisode10still.jpg","alt":"Opening slide still"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Be a Relentlessly Polite Witness, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He warns that lawyers must prepare their clients to be relentlessly polite and positive as a survival technique. No matter the tone of the questioner, a witness must always respond almost infuriatingly polite and positive. It’s all about understanding the audience and the challenge.

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The Audience - One of the most difficult adjustments for a witness is understanding that the lawyer is not necessarily the main audience. The main audience for the witness to win over is the judge and the jury. Arguing with the lawyer will only get in the way of the witness communicating to the real audience.
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\nThe Challenge – It is important that you make sure your witness understands that this isn’t a game. No one is scoring points. Their job is to listen hard, think carefully and answer questions when they can. All good questioners know that an upset witness is an unfocused witness. They will throw in a little sarcasm to get the witness flustered. They can’t let that happen.

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On the surface, these may seem like two complex concepts to implement but these five tips will help your witness overcome the audience and the challenge.

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1) Be positive - This is their testimony and they should say it proud and positively. They can’t let an aggressive lawyer influence their attitude. If a witness sounds defensive and negative, their audience will assume they have something to be defensive about.
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\n2) Keep Your Cool - Surprisingly, being a witness can be an emotional experience because most people are used to others speaking to them in a positive way. Suddenly, they are being put under attack in front of an audience. They must remain positive and stand their ground in a polite and persuasive manner.
\n
\n3) Don’t Tease the Bear - Everyone has a role to play and the witness questioning the lawyer will only distract them from their very difficult job at hand. Unnecessary antagonism can sabotage a witness from completing their job.
\n
\n4) Leave it to the Lawyers - As a lawyer it is your job to be both the advisor and the protector of your witness. You are able to give and take the heat without it reflecting poorly on the witness. It is important that you advise your witness to pay close attention when there are discussions because they may influence how they answer questions in the future.
\n
\n5) Don’t Play Games - A witness must keep it simple, clear and direct. It would be arrogant for them to think they can avoid the tough questions. If they can’t give direct, truthful answers to direct questions, they should not respond. A witness playing games will only make matters worse.

\n

He wraps up the episode by giving an example of someone who would have benefitted from implementing these tips.

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 4: Be a Relentlessly Polite Witness","url":"/en/insights/media-entities/2019/10/podcast-rule-4-be-a-relentlessly-polite-witness","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/10/podcast-rule-4-be-a-relentlessly-polite-witness","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/10/tell-the-truth/mediaepisode9still.jpg","alt":"Opening Slide Still"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Tell the Truth, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He reminds us that a witness takes an oath to tell the truth, the whole truth and nothing but the truth and they must understand all three parts of this oath. In this episode Mr. Small focuses on the first part of the oath.
\n
\nThe Truth - This is not only a rule of law it is also a rule of self-preservation. Lying while under oath is not only a crime, it is foolish. A witness must assume that the questioner knows more and is much more experienced in catching a lie than your average person. The consequences for telling a lie are often far more worse than whatever the questioner was asking. He explains that there are two mindsets that are detrimental toward a witness telling the truth.

\n

1) \"Oh What The Heck\" - If a questioner doesn't believe your version, there is a natural instinct to say \"oh what the heck,\" and give them a little more of what they seem to want to hear. Maybe it's only a little incorrect. However, there is no such thing as \"maybe\" when every word a witness says is being picked apart and used to make an argument in a case. If you give them what they want, they will not go away. They will only want more.
\n
\n2) Mistakes - It is widely recognized that nobody is perfect, yet in a witness environment people tend to forget. Witnesses almost feel like someone is grading them, so when they make a mistake they panic and try to ignore the mistake or try to mold it and shape it into something else. Every witness makes a mistake at some point. When a witness does make a mistake, they must keep two things in mind:

\n

A) When you are in a hole, stop digging - As soon as you realize you have made a mistake just stop and fix it by clarifying.
\n
\nB) Don't worry about it - You are not expected by the jury to be perfect. They may be nervous as well and know that they may make mistakes if they were a witness. Your mistake draws you closer to the jury, not further away.

\n

He finishes by reminding us that telling the truth means being yourself. It doesn't mean witnesses shouldn't work hard in preparation to be careful and precise in expressing themselves. It just means they shouldn't be precise phonies.

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 3: Tell the Truth","url":"/en/insights/media-entities/2019/10/podcast","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/10/podcast","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/10/remember-you-are-on-the-record/mediaepisode8still.jpg","alt":"Opening slide still"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Remember, You Are On The Record, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains that the most important person in the room is the one that doesn’t say anything, the person taking the notes. He warns that once the words leave the mouth of a witness they cannot be taken back. Those words will live on forever. However, there are several things a witness can do to leave behind a better record.
\n
\n1. Slow Down – The witness must answer each question as if they were dictating the first and only draft of a very important document because that is exactly what they are doing. They must consider each word carefully and talk in complete sentences. A witness should also make it clear whether they are paraphrasing or quoting directly because they do not want to put words in someone’s mouth unless they are 100 percent sure they are correct. They cannot dictate this important document quickly, casually or off the cuff. They need to be fully prepared and then approach each question with pace, care and precision.
\n
\n2. Be Aware of the Power of Language – When every word is transcribed and under oath, language takes on an extraordinary importance. A witness must be aware of and consider each word of a question before carefully choosing the words to answer it. There are five basic language issues that witnesses must confront; confusing, jargon, legalese, relative and loaded. It is important to help your client understand what kind of language they use and how to make sure it is clear when they are answering each question on the stand.
\n
\nHe concludes by reminding that it’s not just what you say, it is how you say it. Remember that every single word that the witness says is going to be committed to the important document they are dictating. They must slow down and be aware of how they are answering each part of a question.

\n

Listen to more Powerful Witness Preparation Podcasts here.

\n
","link":{"label":"Podcast - Rule 2: Remember, You Are On The Record","url":"/en/insights/media-entities/2019/10/rule-2-remember-you-are-on-the-record","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/10/rule-2-remember-you-are-on-the-record","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/09/witness-take-your-time/mediaepisode7still.jpg","alt":"Opening Slide Still"},"description":"

In the latest episode of his \"Powerful Witness Preparation\" podcast series, Witness, Take Your Time, litigation attorney Dan Small begins an in-depth 10-part series on the rules for witness preparation. He explains that there are no shortcuts when it comes to witness preparation. This is why the first rule for witnesses is that they must take their time. He gives two key tips for witnesses to keep in mind when taking their time:

\n

1. Multitasking - a witness must take their time to make sure they heard the question clearly, understand the question fully, consider their answer carefully, formulate a clear and thoughtful answer and then state it slowly and succinctly. Formulating a clear response can only be done if they take their time.

\n

2. Fairness - In testimony one of the “players” is invincible. If the questioner makes the first mistake it doesn’t matter because they are not under oath. A witness is under oath and their words will be recorded and will live on forever. The first way to lessen this unfairness is to slow the process down.

\n

He finishes by explaining that taking control as a witness does not mean anything unpleasant. It actually means the witness understands that their role requires them to take their time to make sure that they do it right regardless if that results in them doing it at a pace that someone else considers too slow.

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast - Rule 1: Witness, Take Your Time","url":"/en/insights/media-entities/2019/09/witness-take-your-time","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/09/witness-take-your-time","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/09/basic-principles-for-being-a-witness/mediaepisode6still.jpg","alt":"Podcast Slide Still"},"description":"

In the sixth episode of his \"Powerful Witness Preparation\" podcast series, Basic Principles for Being a Witness, litigation attorney Dan Small shares the two basic principles for being a witness and how to carry them out effectively.

\n

Mr. Small explains that presenting these principles as concepts is easy but to truly know them and apply them requires a high level of understanding and discipline that can only come through preparation.

\n

1.\t“Listen, Listen, Listen.” - When witnesses find out they are going to take the stand, the first thing they worry about is talking: what will I say, how will I say it, and so on. However, a witness should really focus on learning to listen with a narrow intensity.
\n
\nAs a witness, every word is taken down, given great significance and intensely scrutinized. By listening carefully, a witness can control the pace, tone, and complexity of the questions.
\n
\n2.\t\"Don't Try Too Hard.\" - Most witnesses run into problems not because they are trying to lie, but because they are trying too hard to tell the truth. Being a witness takes a surprising amount of preparation, concentration and internal discipline.
\n
\nThe goal is to be careful and precise: to listen for simple questions, give simple answers and then stop. This means witnesses should be extremely careful when choosing their words, and it’s ok if they are limited.

\n

Mr. Small reminds witnesses that this is not a conversation. The discipline to adopt these two principles is essential to a witness's success in the long run and increases the chances of getting through the process with the least damage and the highest likelihood of finality.

\n

Listen to more Powerful Witness Preparation Podcasts here.

\n
","link":{"label":"Podcast: Basic Principles for Being a Witness","url":"/en/insights/media-entities/2019/09/podcast-basic-principles-for-being-a-witness","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/09/podcast-basic-principles-for-being-a-witness","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/08/seven-witness-preparation-mistakes-lawyers-make/mediaepisode5still.jpg","alt":"Podcast opening slide"},"description":"

In the fifth episode of his \"Powerful Witness Preparation\" podcast series, litigation attorney Dan Small shares the seven most common mistakes lawyers make when preparing witnesses for trial.
\n
\nAlong with summarizing these most common mistakes, Mr. Small also provides solutions that will help lawyers bring their witness preparation to the next level.

\n

\n1. \"The lawyer is too busy.\" - Lawyers often find it easy to ignore the preparation stage and not prioritize it and commit time toward it in the same way they would mark their calendar for a deposition.
\n
\n2. \"The client is too busy.\" - Clients sometimes fail to see how vital preparation is before taking the stand. The most important battle lawyers fight for their clients is often with their clients in the preparation stage.
\n
\n3. \"All witnesses are created equal.\" - One of the biggest challenges in witness preparation is the fact that it can't be done in a standardized cookie-cutter way. Witnesses differ enormously depending on their background. You must adapt your preparation accordingly.
\n
\n4. \"You'll never know what they’ll ask.\" - Lawyers will sometimes limit preparation intentionally and sometimes unwittingly because they don't know how to anticipate what a questioner will ask. AS a lawyer it is important to do as much research to prepare your client with the questions they may be asked.
\n
\n5. \"Preaching not teaching.\" - Lawyers cannot tell a client how to be a witness. Instead you can use a variety of methods to work together toward understanding.
\n
\n6. \"The law is the law.\" - Lawyers are far more fluent in law than a client is. In order to help a client understand the law and how it effects them, a lawyer needs to relearn how to explain the law in simpler terms. Clients who have learned the legal terms but not what they mean have learned just enough to be dangerous.
\n
\n7. \"Do I need to draw you a roadmap?\" - Yes you do! Clients should be well versed on the mechanics of what is going to happen. A client who is prepared in knowing what to expect at trial is more likely to be successful.

\n

Mr. Small provides even more insight into these seven mistakes and warns that you shouldn't take on the representation if you are not ready to help with the preparation.

\n

Listen to more Powerful Witness Preparation Podcasts here.

\n
","link":{"label":"Podcast: Seven Witness Preparation Mistakes Lawyers Make","url":"/en/insights/media-entities/2019/08/podcast-seven-witness-preparation-mistakes-lawyers-make","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/08/podcast-seven-witness-preparation-mistakes-lawyers-make","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/08/three-witness-excuses-to-avoiding-preparing/mediaepisode4still.jpg","alt":"Dan Small Still"},"description":"

In the fourth episode of his \"Powerful Witness Preparation\" podcast series, litigation attorney Dan Small shares the three most common reasons why clients think they don't need to prepare for courtroom testimony. 
\n
\nAlong with examining the following three excuses, he offers tips for how counsel can respond and effectively prepare clients. 

\n
    \n
  1. “I’ll just tell my story.” – Witnesses are tempted to think they will just tell their story, but they are unprepared for the lifetime of education and training the questioner brings to the table and the microscope that is placed upon them.
  2. \n
  3. “It’s too expensive.” – Being a witness can cost time and money, but inadequate preparation can lead to poor testimony, which is far more costly to the case.
  4. \n
  5. “I didn’t do anything wrong.” – Witnesses often mistakenly believe they only need a lawyer if they have done something wrong, but an unprepared witness may unintentionally give testimony that creates new or additional problems for the case.
  6. \n
\n

Mr. Small goes into detail on how to combat these misconceived notions and shares tools that have helped him in the past when convincing clients that thorough witness preparation is key.

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast: Three Witness Excuses to Avoiding Preparing","url":"/en/insights/media-entities/2019/08/podcast-three-witness-excuses-to-avoiding-preparing","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/08/podcast-three-witness-excuses-to-avoiding-preparing","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/07/what-witness-preparation-means/mediaepisode3still.jpg","alt":"Opening slide"},"description":"

In the third episode of his \"Powerful Witness Preparation\" podcast series, litigation attorney Dan Small shares how to fill in the gaps during witness preparation while helping a witness overcome the three major hurdles they face when preparing to take the stand. He explains the importance of addressing these gaps in order to avoid interfering with a witness being effective in the courtroom.

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast: The Gaps in Witness Expectations","url":"/en/insights/media-entities/2019/07/podcast-the-gaps-in-witness-expectations","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/07/podcast-the-gaps-in-witness-expectations","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/07/what-witness-preparation-means/mediaepisode2still.jpg","alt":"Opening video still"},"description":"

In the second episode of his “Powerful Witness Preparation” podcast series, litigation attorney Dan Small dives right into what witness preparation really entails and the seven steps lawyers need to take when preparing witnesses for testimony. Mr. Small explains that too many witnesses are not adequately prepared because lawyers fail to realize that being a witness is an entirely different experience than anything the client has been through before. He goes on to explain that testimony is not a conversation and much of what makes for a good conversation, makes for a bad testimony.

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast: What Witness Preparation Means","url":"/en/insights/media-entities/2019/07/podcast-what-witness-preparation-means","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/07/podcast-what-witness-preparation-means","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2019/06/raise-your-right-hand-miss-lillian/mediaepisode1still.jpg","alt":"Opening Video Slide"},"description":"

In the launch of his podcast series “Powerful Witness Preparation,” litigation attorney Dan Small dives right into the fundamentals of calling a witness to the stand. Mr. Small explains the challenges of the unusual courtroom environment and why preparation is crucial. He continues to explain that communicating effectively in a question-and-answer witness format is an extraordinarily unnatural and difficult process and he backs this up by drawing from an experience he had right out of law school when he observed a witness, President Carter’s mother “Miss Lillian.”

\n

Listen to more Powerful Witness Preparation Podcasts here.

","link":{"label":"Podcast: Raise Your Right Hand, Miss Lillian","url":"/en/insights/media-entities/2019/06/raise-your-right-hand-miss-lillian","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2019/06/raise-your-right-hand-miss-lillian","target":"","rel":""}},{"image":{"url":"/-/media/images/insights/media-entities/2018/11/how-to-make-partner-at-holland--knight/videostillimage/mediaaudiostill.jpg","alt":"How to Make Partner at Holland & Knight"},"description":"

Chicago litigation attorney Timothy Ray was interviewed for Rainmaker, the legal career podcast hosted by Legalist that discusses with top litigators how they made partner at their respective law firms.

Mr. Ray's central advice for associates is to find someone who is already a partner to be their advocate or mentor, both internally at the firm and externally to their clients, which can make all the difference when trying to come up through the ranks and succeed at Big Law firms in particular.

Rainmaker's series and Mr. Ray's input were featured in an article by Forbes.

Duration: 15:02

","link":{"label":"How to Make Partner at Holland & Knight","url":"/en/insights/media-entities/2018/11/how-to-make-partner-at-holland--knight","AbsoluteUrl":"//www.efaxnow.com/en/insights/media-entities/2018/11/how-to-make-partner-at-holland--knight","target":"","rel":""}}]">

出版物

Holland & Knight Alert"],"link":{"label":"Massachusetts Supreme Court Calls Foul on Departing Attorneys","url":"/en/insights/publications/2021/04/massachusetts-supreme-court-calls-foul-on-departing-attorneys","AbsoluteUrl":"//www.efaxnow.com/en/insights/publications/2021/04/massachusetts-supreme-court-calls-foul-on-departing-attorneys","target":"","rel":""},"icon":{"url":null,"alt":null},"image":{"url":null,"alt":null},"date":"April 14, 2021","readingtime":"5 Minutes","source":null},{"metaData":["Holland & Knight Alert"],"link":{"label":"ABA Offers General Guidance for Virtual Law Practices, But Leaves Questions Unanswered","url":"/en/insights/publications/2021/03/aba-offers-general-guidance-for-virtual-law-practices","AbsoluteUrl":"//www.efaxnow.com/en/insights/publications/2021/03/aba-offers-general-guidance-for-virtual-law-practices","target":"","rel":""},"icon":{"url":null,"alt":null},"image":{"url":null,"alt":null},"date":"March 12, 2021","readingtime":"5 Minutes","source":null},{"metaData":["Holland & Knight Alert"],"link":{"label":"ABA Formal Opinion OKs Lawyers Who Sit in One Jurisdiction But Are Licensed in Another","url":"/en/insights/publications/2021/01/aba-formal-opinion-oks-lawyers-who-sit-in-one-jurisdiction","AbsoluteUrl":"//www.efaxnow.com/en/insights/publications/2021/01/aba-formal-opinion-oks-lawyers-who-sit-in-one-jurisdiction","target":"","rel":""},"icon":{"url":null,"alt":null},"image":{"url":null,"alt":null},"date":"January 29, 2021","readingtime":"6 Minutes","source":null},{"metaData":["Holland & Knight Alert"],"link":{"label":"Florida Supreme Court Adopts Federal Summary Judgment Standard","url":"/en/insights/publications/2021/01/florida-supreme-court-adopts-federal-summary-judgment-standard","AbsoluteUrl":"//www.efaxnow.com/en/insights/publications/2021/01/florida-supreme-court-adopts-federal-summary-judgment-standard","target":"","rel":""},"icon":{"url":"/-/media/images/icons/insurance/gavel.svg","alt":"gavel"},"image":{"url":null,"alt":null},"date":"January 4, 2021","readingtime":"3 Minutes","source":null},{"metaData":["Daily Business Review"],"link":{"label":"Breaking the Silence for Disabled Attorneys","url":"/en/insights/publications/2020/10/breaking-the-silence-for-disabled-attorneys","AbsoluteUrl":"//www.efaxnow.com/en/insights/publications/2020/10/breaking-the-silence-for-disabled-attorneys","target":"","rel":""},"icon":{"url":"/-/media/images/icons/insurance/gavel.svg","alt":"gavel"},"image":{"url":null,"alt":null},"date":"October 26, 2020","readingtime":"2 Minutes","source":null},{"metaData":["Holland & Knight Alert"],"link":{"label":"Supreme Court Saves CFPB, But Subjects Its Director to Removal at the Will of the President","url":"/en/insights/publications/2020/07/supreme-court-saves-cfpb-but-subjects-its-director-to-removal","AbsoluteUrl":"//www.efaxnow.com/en/insights/publications/2020/07/supreme-court-saves-cfpb-but-subjects-its-director-to-removal","target":"","rel":""},"icon":{"url":null,"alt":null},"image":{"url":null,"alt":null},"date":"July 8, 2020","readingtime":"9 Minutes","source":null}]">

新闻和头条新闻

Law360","In the Headlines"],"link":{"label":"NJ Ethics Panel Gives Attys Path To Respond To Online Critics","url":"/en/news/intheheadlines/2020/12/nj-ethics-panel-gives-attys-path-to-respond-to-online-critics","AbsoluteUrl":"//www.efaxnow.com/en/news/intheheadlines/2020/12/nj-ethics-panel-gives-attys-path-to-respond-to-online-critics","target":"","rel":""},"icon":{"url":null,"alt":null},"image":null,"date":"December 10, 2020","readingtime":null,"source":null},{"metaData":["","Bloomberg Law","In the Headlines"],"link":{"label":"Indiana Changes Law Firm Name Rule, Few States Yet to Act","url":"/en/news/intheheadlines/2020/11/indiana-changes-law-firm-name-rule-few-states-yet-to-act","AbsoluteUrl":"//www.efaxnow.com/en/news/intheheadlines/2020/11/indiana-changes-law-firm-name-rule-few-states-yet-to-act","target":"","rel":""},"icon":{"url":"/-/media/images/icons/insurance/gavel.svg","alt":"gavel"},"image":null,"date":"November 25, 2020","readingtime":null,"source":null},{"metaData":["","","Press Release"],"link":{"label":"Holland & Knight Sponsors Four Thrive Scholars in New Diversity Pipeline Initiative","url":"/en/news/pressreleases/2020/11/holland-knight-sponsors-four-thrive-scholars","AbsoluteUrl":"//www.efaxnow.com/en/news/pressreleases/2020/11/holland-knight-sponsors-four-thrive-scholars","target":"","rel":""},"icon":{"url":"/-/media/images/icons/insurance/gavel.svg","alt":"gavel"},"image":null,"date":"November 2, 2020","readingtime":null,"source":null}]">