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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

9:00

There's More Than One Way to Win

The Trial Lawyer"s Handbook ·

2026/03/24

In trial work, courage often means pressing forward even when the outcome is uncertain. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues his discussion of the mock case State v. Faulkner and explains how he used it in his pro bono work in Uzbekistan. Referencing themes from his book for the American Bar Association Lessons Learned from a Life on Trial, Mr. Small reflects on cases with significant legal obstacles and why believing in the right result can

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8:41

Reflections in the Courtroom: State v. Faulkner

The Trial Lawyer"s Handbook ·

2026/03/17

What happens when an American trial lawyer carries the principles of justice halfway around the world? Litigation attorney Dan Small recounts his pro bono journey to Uzbekistan, where he worked with lawyers and judges seeking to reform a judicial system still shaped by former Soviet Union-era standards that gave judges most of the power. Using the fictional murder case State v. Faulkner as a teaching tool, he helped introduce the fundamentals of the adversarial process – cross-examination, competing

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7:44

All Eyes on the Client

The Trial Lawyer"s Handbook ·

2026/03/10

Trials can be stressful for attorneys, but the experience can be even more overwhelming for clients. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores how to navigate client relationships through the lens of a high‑profile corruption case he handled involving a former state governor.Mr. Small reflects on the ups and downs of the relationship with his client. Sometimes they argued or disagreed, but they also shared meals and attended events together to preserve

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4:49

Not a Level Playing Field

The Trial Lawyer"s Handbook ·

2026/03/03

Trials are human and thus imperfect, and sometimes those inherent imperfections can tilt the playing field before the jury ever hears the full story. Continuing his behind-the-scenes account of defending former Louisiana Gov. Edwin Edwards, litigation attorney Dan Small shares what happens when a case lands in front of a judge with a long memory and an even longer grudge. With Louisiana's tight-knit political world making neutrality hard to find, the defense team faced an extremely long uphill

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7:31

"Nature Abhors a Vacuum." So Does the Media

The Trial Lawyer"s Handbook ·

2026/02/24

In a high-profile case, if you do not fill the silence, someone else will. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues discussing his representation of former Louisiana Gov. Edwin Edwards and the challenge of managing public opinion in a case that drew intense media attention. Mr. Small explains how his arrival from Boston quickly became a story of its own, fueling speculation that he had been hired to negotiate a secret deal. He recounts how, without

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5:31

Cases Come in Many Ways

The Trial Lawyer"s Handbook ·

2026/02/17

Sometimes, cases arrive when you least expect them. For litigation attorney Dan Small, one such moment involved stepping into an already high‑profile federal matter. In the latest episode of "The Trial Lawyer's Handbook" podcast series, he recounts being brought in from Massachusetts to Louisiana to represent former Gov. Edwin Edwards in a criminal proceeding. Mr. Small shares the background of the case and how it ultimately landed on his desk, offering an inside look at a complex legal

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7:07

Victories and "Losses" in the Courtroom

The Trial Lawyer"s Handbook ·

2026/02/10

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small continues the story of the U.S. Securities and Exchange Commission's (SEC) civil case against internet game company SG Limited, recounting how an initial courtroom win was undone when the U.S. Court of Appeals for the First Circuit reversed the lower court decision against a motion to dismiss. Mr. Small uses this moment to explain the critical difference between "losing" narrow legal rulings and prevailing

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7:54

Finding Humor in Law

The Trial Lawyer"s Handbook ·

2026/02/03

What happens when the government treats online "play money" like real securities?In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts a civil enforcement action brought by the U.S. Securities and Exchange Commission (SEC) against SG Limited, an early internet stock market game created by programmers overseas that built a large U.S. player base. He explains the SEC's attempt to characterize the game's virtual shares as unregistered securities and resulting

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10:47

Keeping Your Vessel Stable During Cross-Examination

The Trial Lawyer"s Handbook ·

2026/01/27

In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed, resulting in a credibility contest. Mr. Small shares the strategy he used to successfully cross-examine the other side's expert witness. In technical cases such as this one, it is your responsibility as the trial lawyer to learn the specifics of the case. By mastering the

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8:57

The Stability in Simplicity

The Trial Lawyer"s Handbook ·

2026/01/20

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces a new case that illustrates a new strategy for trial. Naval architect Jack Gilbert was accused of selling a boat with stability issues and was sued by the owner of the 93-foot fishing vessel for negligence in federal court in Portland, Maine. Mr. Small provides an overview of the case and the technical details underlying it before describing the central role his "core themes" played at trial as

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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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