The Trial Lawyer's Handbook

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 involvement of officers in criminal activity. He describes the investigation, the use of grand jury subpoenas and the challenges faced in confronting corruption within law enforcement. The episode highlights...

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 evidence and moving testimony from grieving workers and investigators, the case became more than just a fight for justice — it became a turning poin...

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 in Galveston, Texas, where he had the opportunity to sit down with court staff and listen to their feedback on this performance...

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, then credit their previous statement and finally confront them with the contradiction, Mr. Small was able to successfully dismantle a key defense witness' credibility. This episode...

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 them understand the case inside out. Mr. Small highlights three pillars of expert testimony — expertise, passion and clarity — and stresses that it's critical to translate tech...

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 questions to test his expertise. After more than an hour of persistent inquiry, Mr. Small was able to reveal that the expert was not as...

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 trial preparation and how it may impact the outcome of a case.

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 require a demonstration as dramatic as the one he prepared, it is important to keep in mind that the...

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 lawyer and a judge. Through this experience, he learned the art of blending expression with control, respecting courtroom rules while...

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 conflict, and Mr. Small was told the judge would not grant a continuance. The chief informed Mr...

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 Occupational Safety and Health Administration (OSHA) in 1970 introduced criminal penalties for serious violations, signaling a shift in how such cases could be handled. Following a series...

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 devastating explosions that occurred in 1977: the Continental Grain elevator in Louisiana and the Farmers Export elevator in Texas. As a newly minted...

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 challenges.

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. After presenting her story, the court discovered that she was hurrying to pick up her sick daughter from school, thus better setting up...

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 harsher than what would typically be recommended in that courthouse. Through careful navigation and indirect conversation, he and a junior lawyer redirected the discussion...

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 your court, tell your story and do the right thing. These themes will be addressed in the next three...

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 learned from them, offering valuable insights to listeners at all stages of their legal careers.

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 intent to educate, he acknowledges the challenges of memory and privilege and the influence of mentors and family who shaped his career. This series...

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 ethical duties and convey evidence effectively. In closing, he encourages lawyers to embrace discipline and common sense as vital to success while expressing gratitude for the U.S...

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 effectively communicate their expertise to the jury.

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 understood by jurors, making the expert's role more akin to that of a teacher. However, it is ultimately the lawyer's responsibility to ensure that the ex...

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 ensure impactful communication. By strategically reducing complexity, lawyers can enhance their ability to persuade juries.

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 clients from diverse backgrounds. He shares personal stories illustrating the lasting impact of these cases on both lawyers and their clients. Ultimately, Mr...

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 favorable outcomes in litigation.

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 before the trial even starts. The two attorneys also highlight the value of being allowed to...

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 are complex, it's imperative to communicate effectively in all facets.

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.

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 winning.

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.

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.

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 types of voices: the low-key, matter-of-fact voice and the forceful yet controlled voice. His tips provide actionable guidance for new lawyers to enhance their courtroom presence and become...

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.

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.

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 of a case. Mr. Small also offers practical advice on refining these crucial components, stressing the need for clarity...

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 limitations and potential drawbacks.

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, Small says that approaches like these are not just about settling the record but about convincing the judge and winning.

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 limitations and potential drawbacks.

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 limitations and potential drawbacks.

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.

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 their voice, but he cautions against blindly following trends without critical evaluation. Lastly, he encourages continuous learning from experienced lawyers, promoting a culture of shared knowledge and growth within...