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 La ...
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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 episodes of this series.
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 serves not only as a testament to his accomplishments in trial law but also as a way to express gratitude to those who have supported him along the way.
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. justice system and the important role of trial lawyers.
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.