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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

10:54

Reading the Room

The Trial Lawyer"s Handbook ·

2026/01/13

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues the discussion of U.S. v. Rendle and explains why reading the room matters in court. Mr. Small shows how judges, juries and the pace of a trial should guide your choices across all aspects of the proceeding, not just your arguments. He shares a Boston case where a defense lawyer's approach at sentencing hurt the client, and a moment in U.S. v. Rendle when a lengthy cross-examination allowed the government to

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7:33

Respect in the Courtroom

The Trial Lawyer"s Handbook ·

2026/01/06

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small uses the white-collar corruption case of United States v. Rendle and his experience before the famously pro-defense Judge Joseph Tauro to explore the central role of respect in the courtroom. Drawing on stories from his time as a federal prosecutor, Mr. Small explains how rigorous preparation and sound judgment – especially knowing when to push hard and when to "move on" – helped him earn the respect of

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9:25

Understanding the Media

The Trial Lawyer"s Handbook ·

2025/12/30

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small underscores the importance of understanding the media as a trial attorney. He recounts lessons learned from a high-profile government corruption case in Boston, where he interacted with reporters from two competing newspapers. As he explains, he inadvertently gave an exclusive quote to one of the journalists, blindsiding and angering the other news outlet. Mr. Small's message: A trial attorney's job is to

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8:22

Jurisdiction Is in the Eye of the Beholder

The Trial Lawyer"s Handbook ·

2025/12/23

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts attempting to prosecute a New England mob boss and the challenge of filing a complex case before the statute of limitations expired. Mr. Small explains how the case moved between Miami and Providence, how venue and timing decisions shaped strategy and why the trial judge ultimately dismissed the case despite a grand jury indictment. He highlights lessons on venue, audience and the importance of aligning the

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6:36

Allergic to Courtrooms

The Trial Lawyer"s Handbook ·

2025/12/16

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small looks back on his experience prosecuting the notorious New England mob boss Raymond Patriarca — or lack thereof. As a 73-year-old man who had spent more than 30 years as the head of a criminal organization, it was not difficult for Patriarca to find a doctor to declare him medically unfit for trial. Mr. Small, needing a doctor of his own to keep the mob boss included in the trial, quickly discovered that Patriarca's

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9:54

Dangers of Climbing the Ladder

The Trial Lawyer"s Handbook ·

2025/12/09

In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small discusses the opportunities and challenges of "climbing the ladder" in a corruption case. This approach starts with securing a defendant willing to testify against their superiors and then working to uncover what additional crimes or targets they can identify. He illustrates this strategy with the extortion case against Ted Anzalone, in which George Collatos, a Boston city employee, served as a key witness

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5:45

Show and Tell

The Trial Lawyer"s Handbook ·

2025/12/02

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small makes the case for "show and tell" in the courtroom. As he contends, jurors do not learn best by listening alone, so powerful demonstratives are essential, especially in complex financial cases. Drawing on the Anzalone money laundering trial, he explains how a simple poster depicting a web tracing $100,000 in cash split into 12 sub‑$10,000 checks clarified the scheme better than words ever could and kept

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8:49

The Law Is the Law

The Trial Lawyer"s Handbook ·

2025/11/25

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small unpacks the prosecution of Ted Anzalone, a top aide to Boston Mayor Kevin White, through two alleged money laundering schemes: a "birthday gift" check-planting operation that sowed jury confusion and led to acquittal, and a clearer $100,000 cash structuring scheme using sub‑$10,000 cashier's checks to evade bank reporting. Despite a compelling trial win on the structuring count, the U.S. Court of Appeals

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6:42

Telling the Whole Story

The Trial Lawyer"s Handbook ·

2025/11/18

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of providing the jury with all relevant facts to help them discern the truth. At times, however, court decisions can hinder a party's ability to tell the whole story. This was true in the United States v. Anzalone case, which Mr. Small prosecuted. Ted Anzalone was charged with extortion and money laundering, but because both charges involved secret cash transactions, it was

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6:54

The Benefits of Using an Interpreter

The Trial Lawyer"s Handbook ·

2025/11/12

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the debate on using interpreters for witnesses in the courtroom. In some instances there is no choice: A witness who cannot understand English requires an interpreter. But when it's a gray area, some lawyers argue that an interpreter diminishes the connection between the witness and the jury. Mr. Small disagrees and offers a humorous anecdote from the corruption case United States v. Wallen,

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11:23

Trust Is Key

The Trial Lawyer"s Handbook ·

2025/11/04

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares how building genuine trust with a witness can make or break a case, recounting his extraordinary trip to Italy to meet Domenic D'Alessandro in the Frank Wallen corruption investigation. What began as a long-shot effort — navigating approvals from U.S. Department of Justice (DOJ) and and U.S. Department of State, coordinating with the IRS and overcoming internal skepticism — turned into a lesson in

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7:39

The Challenge of Corruption

The Trial Lawyer"s Handbook ·

2025/10/28

In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small explores the complexity of federal corruption cases. He highlights a matter he handled as an assistant U.S. attorney in the Boston U.S. Attorney's Office Public Corruption Unit: a case in Brockton, Massachusetts, in which the IRS uncovered corrupt relationships between contractors and Frank Wallen, the city's superintendent of sewers and then-commissioner of public works. Mr. Small shares insights into how the

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7:36

Clarity Over Complexity at Trial

The Trial Lawyer"s Handbook ·

2025/10/21

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explains why simplifying a complex case is essential to persuading a jury. Recalling the federal prosecution of U.S. budget director Bert Lance, Mr. Small describes how large investigations can produce lengthy indictments that confuse rather than convince, and emphasizes that focusing on clear, provable charges can strengthen a case. He outlines the risks of overcomplication and the importance of telling a

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14:59

Part II - Recent Changes in Jury Dynamics and How to...

The Trial Lawyer"s Handbook ·

2025/10/17

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is once again joined by Partner Eric Alexander, who leads the firm's Product Liability – Life Sciences Team. This episode's conversation focuses on product liability trials and how they differ from other types of litigation, as well as recent shifts in juror attitudes and the effects on expert witness selection and preparation. Mr. Small shares an anecdote to emphasize

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7:40

Miss Lillian "Testifies": The Importance of Witness...

The Trial Lawyer"s Handbook ·

2025/10/14

In this episode of "The Trial Lawyer’s Handbook" podcast, litigation attorney Dan Small describes the unnatural environment of the courtroom and the importance of preparing witnesses for the off-putting rhythm of testimony that he summarizes as "question, pause, answer, stop." In the corruption case United States v. Bert Lance, because the defense sought to call numerous character witnesses, the judge limited counsel to four legalistic questions. The most notable witness, Miss Lillian, the elderly

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6:58

Learn from the Masters

The Trial Lawyer"s Handbook ·

2025/10/07

In this episode of "The Trial Lawyer’s Handbook" podcast, litigation attorney Dan Small discusses the value of observing and learning from experienced colleagues, both professionally and socially. He reflects on one of his first significant cases as a federal prosecutor, when the U.S. Department of Justice (DOJ) secured a grand jury indictment in Atlanta against Bert Lance, the former director of the Office of Management and Budget, and three associates on charges that they conspired to violate U.S

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16:45

Part I - Going from Young Associate to Veteran Lawyer

The Trial Lawyer"s Handbook ·

2025/10/03

In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Partner Eric Alexander, who leads the firm's Product Liability – Life Sciences Team. Mr. Small talks with Mr. Alexander about the transition from being in the back row of a trial team to having a stand-up role. After reflecting on the beginning of his legal career, Mr. Alexander offers advice for young litigators on how to prepare for a trial and how to best

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5:29

Juror No. 6 and the Unexpected Misunderstanding

The Trial Lawyer"s Handbook ·

2025/09/30

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the unpredictable and often mysterious nature of jury selection and engagement, sharing the story of Juror No. 6 from the challenging Cammarata Racketeering Influenced and Corrupt Organizations Act (RICO) trial. Despite appearing disengaged and distant throughout the trial, Juror No. 6 proved a key contributor in deliberations, demonstrating the importance of patience and understanding in the

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18:05

The View from the Jury Box

The Trial Lawyer"s Handbook ·

2025/09/26

In this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks with Miami litigation attorney Jose Casal about his recent experience serving as a juror in the Miami-Dade courthouse. Mr. Casal states he wished he had the opportunity to serve on a jury at the beginning of his career because of the perspectives it gave him on how the jury thinks and operates. Sitting on the other side of the bench made him realize that tactics such as objections and

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6:28

Connecting with the Jury

The Trial Lawyer"s Handbook ·

2025/09/23

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the unique and challenging relationship between trial lawyers and juries, illustrated through his experience prosecuting the complex and emotionally charged Racketeering Influenced and Corrupt Organization Act (RICO) case against the Cammarata Organization. He highlights how, despite the inability to converse directly, subtle interactions, gestures and small moments — such as a mishap with a

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130 results

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