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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

7:34

At Trial, Less Is More

The Trial Lawyer"s Handbook ·

2025/01/21

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex and confusing. This episode also discusses the importance of maintaining a balance between being direct and providing enough detail to explain the argument. Ultimately, Mr. Small says that approaches like these are not just about settling the record but about convincing the judge and

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6:19

Getting Dressed for Court

The Trial Lawyer"s Handbook ·

2025/01/14

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about the importance of one's appearance while in the courtroom. He especially emphasizes that the wrong clothing can be distracting to the jury and that style choices should strike a balance between being authentic and being professional. He also mentions that it is equally important for clients and client witnesses to wear clothing that is appropriate for the venue.

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6:28

Presentation is Paramount

The Trial Lawyer"s Handbook ·

2025/01/07

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small discusses the art of persuasive delivery in the courtroom. He shares invaluable strategies emphasizing the significance of factors such as cadence, modulation and the strategic use of silence to convey a powerful and impactful message. Mr. Small underscores the importance of speaking credibly and sincerely to effectively persuade the jury.

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7:22

Voice and Delivery

The Trial Lawyer"s Handbook ·

2024/12/17

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the crucial role of confidence and conviction in persuading a jury, highlighting the fine balance between appearing confident and being arrogant. Mr. Small imparts valuable advice to inexperienced lawyers on handling nervousness, from meticulous preparation to recognizing and dealing with its symptoms. He also explores the importance of expressing conviction in delivery through describing two

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6:43

Think Outside the Script

The Trial Lawyer"s Handbook ·

2024/12/10

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for writing a script for trial. Mr. Small shares that a script works when it's presented properly and it can help lawyers win trials. Mr. Small also understands the downsides to it, such as scripts being boring, tedious and inflexible. However, he still believes in certain situations, they can be of great assistance.

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6:34

The Witness Outline

The Trial Lawyer"s Handbook ·

2024/12/03

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for organizing a trial and questioning witnesses. He highlights that no one approach is the same and that it varies for each attorney. Some best practices he mentions include being thorough, user-friendly, well-organized, and well-documented, while some practices he advises against include avoiding broad questions, sounding scripted, and being lengthy.

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6:37

Crafting Winning Strategies: Theories and Themes in...

The Trial Lawyer"s Handbook ·

2024/11/26

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

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5:56

Living Without Feedback

The Trial Lawyer"s Handbook ·

2024/11/19

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the importance of feedback for trial lawyers and the challenges they face in obtaining it. Mr. Small explains that trial attorneys often lack substantive feedback on their courtroom performance, which necessitates creative and proactive approaches to seek constructive criticism. He discusses various potential sources of feedback, including jurors, judges, clients and verdicts, highlighting their

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7:50

Are Real Trials Just Like the Movies?

The Trial Lawyer"s Handbook ·

2024/11/12

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small analyzes the similarities and differences between real-life trials and ones portrayed in television and movies. Mr. Small pulls from his experience as a consultant for a legal TV show to illustrate that, although court proceedings on the big screen aren't always realistic, developing litigators can apply the storytelling, efficiency and visual strengths of Hollywood productions to their own cases.

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5:53

Borrowing and the Art of Trial Advocacy

The Trial Lawyer"s Handbook ·

2024/11/05

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the value of observing other lawyers in action, highlighting trials as opportunities to witness persuasive skills and strategies firsthand. Mr. Small advocates for borrowing effective techniques from successful attorneys while stressing the importance of authenticity in court. He advises listeners to engage in discussions about observed practices and experiment with different styles to find

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9:11

Trial Advocacy in the Modern World

The Trial Lawyer"s Handbook ·

2024/10/29

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores three pivotal trends that have significantly impacted courtroom advocacy in recent years: the digital revolution, shortened attention spans and a lack of trial experience among attorneys. Mr. Small reflects on the increasing prevalence of these trends and underscores the need for attorneys to adapt their approach to effectively engage and communicate with jurors.

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6:41

This Extraordinary Process Called "Trials"

The Trial Lawyer"s Handbook ·

2024/10/22

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom skills, including reading educational books, observing other professionals in action, seeking guidance from seasoned trial attorneys, honing skills outside the courtroom and gaining experience as an arbitrator or a judge.

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8:05

Storytelling in Closing Arguments

The Trial Lawyer"s Handbook ·

2024/10/15

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the vital role of storytelling in court cases, highlighting the need to construct, narrate and display a story effectively. He emphasizes the importance of establishing central themes for a case, customizing the narrative to suit the court and audience, and humanizing the case to make it relatable for a jury. Mr. Small also covers how to integrate motives, morality and justice into a story

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6:07

In Closing Arguments, Don't Forget to Ask

The Trial Lawyer"s Handbook ·

2024/10/08

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses effective strategies for closing arguments in trials. Mr. Small emphasizes two key principles: not asking for more than necessary to win the case and clearly articulating what you want from the jury. He stresses not only the importance of clearly explaining the desired outcome but also how to avoid common pitfalls in closing arguments.

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5:38

Getting Rid of Clutter in Closing Argument

The Trial Lawyer"s Handbook ·

2024/10/01

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small zeroes in on the enemies of impactful closing arguments: disorganization and verbal clutter. He critiques the common pitfall of overloading jurors with unnecessary words, demonstrating how a streamlined approach can significantly bolster an argument's clarity and force. Mr. Small advocates for concise language and ditching legalese to maintain juror engagement and effectively drive home key points.

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6:36

The Basic Rules for Closing Argument

The Trial Lawyer"s Handbook ·

2024/09/24

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines essential rules for lawyers during closing arguments. He speaks about the importance of not misstating evidence or introducing facts that were not presented during trial. Mr. Small also reminds attorneys to refrain from expressing personal opinions and focus solely on the evidence at hand.

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6:01

Closing Arguments: Focus and Organization

The Trial Lawyer"s Handbook ·

2024/09/17

In this episode of "The Trial Lawyer's Handbook" podcast, Partner Dan Small shares insights on crafting persuasive closing arguments. Mr. Small emphasizes the importance of organization, preparation and effective time management in delivering compelling closings. He discusses common pitfalls to avoid and offers practical strategies for guiding jurors to a favorable verdict. This episode provides essential advice for trial lawyers looking to enhance their courtroom performance and maximize their

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6:12

Closing Argument: Opportunity and Challenge

The Trial Lawyer"s Handbook ·

2024/09/10

Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing argument as well as the opportunities that come with effectively concluding a case by weaving together evidence into a clear and comprehensive picture for the jury. Additionally, he emphasizes the importance of persuading rather than arguing to help guide jurors to a favorable

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8:48

How to Make Clear, Quick and Effective Objections

The Trial Lawyer"s Handbook ·

2024/09/03

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small addresses the art of making effective objections during trial, highlighting the importance of preparation, quick thinking and poise. He delves into strategies for anticipating objections, the significance of listening intently to catch leading questions and the proper manner to object and respond to objections. Mr. Small stresses that beyond preventing unfavorable evidence, objections serve to preserve

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8:06

More on Cross-Examination: Building a Case Brick by...

The Trial Lawyer"s Handbook ·

2024/08/27

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination by asking short, clear questions. Mr. Small advises to avoid the temptation to ask witnesses to agree with characterizations or conclusions and instead to focus on what the witness saw, heard and did. He also notes an effective approach is to build a case "brick by brick," presenting a series of factual questions that lead the jury to

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