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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

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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5:38

The 3 Core Themes of Trial Law: Tell Your Story

The Trial Lawyer"s Handbook ·

2025/04/15

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the vital role of storytelling in trials. Drawing from his experiences in the Hyattsville, Maryland, Magistrate's Court, he shares valuable lessons on how compelling narratives are an essential part of the practice of trial law, beyond mastering court procedures, techniques and legal principles. To illustrate this idea, Mr. Small shares an anecdote of a mother who was pulled over for speeding

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7:02

The 3 Core Themes of Trial Law: Know Your Court

The Trial Lawyer"s Handbook ·

2025/04/08

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how knowing the court where a trial lawyer is working can make the difference between winning our losing a case. He recalls a memorable case involving a corporate executive accused of drunk driving whose high-priced attorneys were unaware of the local court's standards for plea agreements. As negotiations unfolded, Mr. Small realized that the senior partner's opening offer was significantly

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5:03

Real Justice for Real People

The Trial Lawyer"s Handbook ·

2025/04/01

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his early experiences in trial law as an Assistant U.S. Attorney in the U.S. Magistrate's Court in Hyattsville, Maryland. Despite his lack of experience at the time, Mr. Small expresses gratitude for the patient and educational atmosphere of the court, especially the magistrate, who taught him many valuable lessons. Mr. Small highlights three core themes he learned during his training: know

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6:10

There Is No Right Path

The Trial Lawyer"s Handbook ·

2025/03/25

Everyone has their own unique career path. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his personal journey, highlighting how he initially planned to become a teacher before three developments steered him toward a career as a trial lawyer. Prior to entering private practice, he amassed a wealth of knowledge as a prosecutor in the Criminal Division of the U.S. Department of Justice. Throughout this series, he will discuss these experiences and the lessons he

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5:03

How Did We Get Here?

The Trial Lawyer"s Handbook ·

2025/03/18

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his journey of transforming compelling real-life trial experiences into valuable lessons for fellow litigators. Inspired by his wife, who encouraged him to document his stories, he began writing during cross-country flights, ultimately leading to the publication of his book Lessons Learned from a Life on Trial by the American Bar Association in 2024. Though he shares these anecdotes with the

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8:05

Parting Thoughts: Be a "Peddler of Common Sense"

The Trial Lawyer"s Handbook ·

2025/03/11

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on essential principles for trial lawyers, emphasizing the importance of clarity and organization in presenting cases. He advises that storytelling should follow a chronological order to ensure jurors understand the case, as seen in examples from actual trials where ineffective presentations confused jurors. Mr. Small underscores that while winning is important, lawyers must uphold their

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5:06

Expert Witnesses, Special Issues

The Trial Lawyer"s Handbook ·

2025/03/04

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate an expert’s qualifications without allowing the jury to hear their credentials in detail, as this helps establish the witness’s credibility. Small emphasizes the importance of adequately preparing expert witnesses for testimony, regardless of their experience, to ensure they

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7:50

Direct Examination of Expert Witnesses

The Trial Lawyer"s Handbook ·

2025/02/25

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components for the direct examination of expert witnesses: establishing the witness' expertise, confirming their opinion with the subject matter, eliciting their opinion, and detailing the basis for that opinion. He also notes it’s essential to present this information in a manner easily

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7:11

Cutting Back on Complex Cases

The Trial Lawyer"s Handbook ·

2025/02/18

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the need for lawyers to simplify complex cases when preparing for trial. He advises practitioners to critically evaluate their cases, cutting unnecessary claims and witnesses while being cautious of emotional attachments that may cloud judgment. Mr. Small also highlights the effectiveness of using visual aids and maintaining simplicity in summaries but cautions against overusing them to

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8:24

Part II - The Importance of Pro Bono for Both Clients...

The Trial Lawyer"s Handbook ·

2025/02/13

In the second part of this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Paul Kiernan, a partner at Holland & Knight and chair of the firm's Public and Charitable Service Department, about the significance of pro bono work in the legal profession. Mr. Kiernan emphasizes that pro bono matters provide lawyers, especially those early in their careers, with invaluable opportunities to gain trial experience and connect deeply with

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8:01

Drowning in Complexity

The Trial Lawyer"s Handbook ·

2025/02/11

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how complex trials often leave jurors feeling overwhelmed and disengaged. He emphasizes that lawyers frequently neglect the jurors' experience by presenting an excessive number of charges and evidence, leading to confusion. Mr. Small advocates for streamlining trials by focusing on essential elements and reducing unnecessary complexities, as clarity and conciseness are crucial for achieving

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10:05

Part I - Reading the Jury

The Trial Lawyer"s Handbook ·

2025/02/06

In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Paul Kiernan, a partner at Holland & Knight and chair of the firm's Public and Charitable Service Department. Mr. Kiernan reflects on a recent jury trial he won and emphasizes the importance of making a strong impression on the jury throughout the trial. He says he believes that trial lawyers should always act as if they are on stage and must be aware of their presentation

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7:24

How to Use Humor and Anger Effectively in the Courtroom

The Trial Lawyer"s Handbook ·

2025/02/04

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

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6:58

Connecting Separate Pieces of Evidence Clearly,...

The Trial Lawyer"s Handbook ·

2025/01/28

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.

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