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PODCAST

The Trial Lawyer"s Handbook

Holland & Knight

The Trial Lawyer"s Handbook is a Courtroom Preparation podcast series brought to you by Holland & Knight. This series is hosted by litigation attorney Dan Small and is based on a longstanding article series he co-authored with Judge Dennis Saylor for Massachusetts Lawyers Weekly. Listeners of this series will gain a fresh perspective on how attorneys can address various trial preparation issues and set themselves up for success in and out of the courtroom.

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All Episodes

8:09

Bring Out the Bad Stuff

The Trial Lawyer"s Handbook ·

2025/08/05

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the challenges of preparing witnesses for trial, emphasizing the importance of honesty and addressing unfavorable facts in advance. Mr. Small shares his experience working with Billy Breen, a former drug trafficker turned government informant in the Appling County, Georgia, Racketeer Influenced and Corrupt Organizations (RICO) Act case. He details the process of building trust with witnesses, explains how

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7:23

Just Press "Play"

The Trial Lawyer"s Handbook ·

2025/07/29

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps, undercover agents and cooperators. Drawing on his experience investigating drugs and corruption in Appling County, Georgia, Mr. Small shares how he enlisted a trusted cooperator to capture incriminating conversations — an approach that proved highly effective. This insightful

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7:17

“I Lied Like a Dog!”

The Trial Lawyer"s Handbook ·

2025/07/22

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the critical issue of false testimony and its damaging effects on the justice system. Centered on the case of Charlotte Lightsey, a deputy sheriff and wife of the Appling County sheriff in Georgia, the story reveals how she aggressively lied before a grand jury to deny involvement in corruption and drug smuggling. Unbeknownst to her, one cooperating deputy was secretly recording their

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15:46

Part II: The Do’s and Don’ts of Demonstratives

The Trial Lawyer"s Handbook ·

2025/07/18

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, about the practical aspects of working with trial graphics and multimedia designers. They discuss key considerations for attorneys when selecting a graphics expert, the importance of teamwork and venue-specific presentation styles, and common pitfalls such as overwhelming juries with too much information. Mr

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8:20

Persistence and Determination

The Trial Lawyer"s Handbook ·

2025/07/15

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the evolution of the Racketeer Influenced and Corrupt Organizations (RICO) statute. As a young lawyer with the U.S. Department of Justice's (DOJ) Organized Crime and Racketeering Strike Force, Mr. Small reviewed proposed RICO cases, including one against law enforcement officers in Appling County, Georgia, accused of participating in an illegal drug smuggling operation. The indictment faced

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14:34

Part I - The Do’s and Don’ts of Demonstratives

The Trial Lawyer"s Handbook ·

2025/07/11

In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, to discuss the vital role of trial graphics and multimedia in persuading juries and other fact-finders. Mr. Duval shares his journey from journalism and design to supporting trial teams with visuals for more than 25 years, highlighting how technology has transformed courtroom presentations from simple boards to

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8:20

Walking Tall

The Trial Lawyer"s Handbook ·

2025/07/08

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts a compelling story from Appling County, Georgia, where corruption and drug smuggling under a powerful sheriff threatened the integrity of the community. A local resident motivated by a sense of justice, but lacking law enforcement experience, took it upon himself to run for sheriff. After narrowly winning, he sought federal assistance and collaborated with the FBI and U.S. Attorney's Office in

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7:11

The Seeds of Corruption

The Trial Lawyer"s Handbook ·

2025/07/01

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small begins a multi-part examination of a drug trafficking and corruption case in Appling County, Georgia. As increased law enforcement efforts in Florida pushed drug smuggling operations into Georgia, local law enforcement officers, including both a former and a sitting sheriff, became involved in facilitating drug shipments. Mr. Small explains how financial incentives and personal relationships contributed to the

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7:11

How Do You Define Success?

The Trial Lawyer"s Handbook ·

2025/06/24

In this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export grain elevator explosion case. After two explosions claimed the lives of 54 workers, the Occupational Safety and Health Administration (OSHA) and U.S. Department of Justice (DOJ) sought to hold two managers accountable in a month-long, emotionally charged trial. With compelling

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6:52

Seek Out Feedback

The Trial Lawyer"s Handbook ·

2025/06/17

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares personal stories from early in his legal career that illustrate the invaluable role of experienced trial observers and honest feedback. Recalling his time at the U.S. Attorney's Office in Boston, he explains how casual gatherings of retired gentlemen helped them become expert critics who offered constructive advice that dramatically improved his trial skills. He also narrates a moment during a trial

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11:50

The Three C’s for Addressing Prior Inconsistent...

The Trial Lawyer"s Handbook ·

2025/06/10

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down a powerful cross-examination technique for challenging a witness' credibility that he calls "The Three C's": Commit, Credit and Confront. Using a real example from the Farmers Export grain elevator explosion trial, the episode illustrates how to skillfully expose a witness' prior inconsistent statements to undermine their testimony. By first having the witness commit to their current testimony,

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13:05

Part II: Being an Expert Is a Lonely Business

The Trial Lawyer"s Handbook ·

2025/06/06

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve into the critical topic of expert witness preparation, emphasizing the importance of thorough preparation and knowing the boundaries of the expert's role. Mr. Ratner shares his extensive experience and stresses that even seasoned experts benefit from diligent preparation that helps

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5:33

Follow the Rules … Most of the Time

The Trial Lawyer"s Handbook ·

2025/06/03

Sometimes, it can pay off to bend the rules. In this episode of his "Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his experience prosecuting the Farmer's Export grain elevator explosion case. He recalls how the defense's grain dust expert struck him as "too brief" and "too smooth." Trusting his instincts rather than simply following standard procedure, he began to rigorously question the witness during cross-examination, asking both open-ended and leading

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16:19

Part I: Being an Expert Is a Lonely Business

The Trial Lawyer"s Handbook ·

2025/05/30

In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three decades as an expert witness and forensic accountant, from his very first testimony during a high-profile case to a recent matter he worked on with Mr. Small. The pair also discusses different strategies for managing the relationship between an attorney and an expert witness during

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6:03

Don't Just Say It – Show It

The Trial Lawyer"s Handbook ·

2025/05/27

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the role of expert witnesses in trials and how lawyers must effectively present expert testimony to the jury. Mr. Small shares an anecdote of his experience in the Farmers Export grain elevator explosion case where he had to take a creative approach to presenting the expert's testimony to help the jury intuitively understand the explosive qualities of grain dust. Although not every trial will

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5:47

Finding Common Ground

The Trial Lawyer"s Handbook ·

2025/05/20

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts the challenges he faced during the Farmers Export grain elevator explosion trial. He emphasizes the importance of purposeful actions in the courtroom, from how a lawyer speaks and moves to how they question witnesses. Mr. Small reflects on a pivotal moment with the presiding judge, where a minor misstep taught him a significant lesson about courtroom etiquette and the balance of control between a

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6:07

"Ready for Trial?"

The Trial Lawyer"s Handbook ·

2025/05/13

Litigation attorney Dan Small unexpectedly took the lead in prosecuting the high-profile case of the Farmers Export grain elevator explosion, a major incident in Galveston, Texas, that resulted in the deaths of 18 people in 1977. In this episode of "The Trial Lawyer's Handbook," he shares this extraordinary anecdote that threw him into a panic just two years out of law school. The case's lead counsel, who was the chief of the Criminal Division at the Houston U.S. Attorney's Office, had a scheduling

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5:29

The Law as a Force for Change

The Trial Lawyer"s Handbook ·

2025/05/06

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and explains how this case fits into the broader history of the prosecution of white collar crime. Traditionally, health and safety violations were addressed through civil lawsuits, leaving managers and similar personnel untouched by the legal system. However, the creation of the

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5:38

Every Case Is a New World

The Trial Lawyer"s Handbook ·

2025/04/29

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts his experience as a new prosecutor in the U.S. Department of Justice's Criminal Division, where he was unexpectedly assigned a month-long case involving a deadly grain elevator explosion. He explains that grain dust, a byproduct of moving grain, becomes highly explosive when suspended in the air, then highlights the dangers this poses for maintaining grain elevators and shares details of two

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8:56

The 3 Core Themes of Trial Law: Do the Right Thing

The Trial Lawyer"s Handbook ·

2025/04/22

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience working in the Hyattsville, Maryland, Magistrate's Court and handling everyday cases involving ordinary people. The episode highlights the importance of compassion, common sense and the principle of "doing the right thing" in the legal system. It underscores the responsibility of trial lawyers to zealously represent clients while recognizing and addressing their real-life

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