The Trial Lawyer's Handbook

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....

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. Depar...

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 s...

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 str...

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 an...

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...

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...

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 c...

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...

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...

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 inabili...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the exclusionary rule, which states that evidence obtained by illegal methods must be excluded at trial. In the Cammarata drugs-and-murder Racketeering Influenced and Corrupt Organizations Act (RICO) case, a voluntary eight-page confession was initially suppressed under the exclusionary rule bec...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the dangerous yet invaluable role of an undercover agent, exemplified by the Cammarata Racketeer Influenced and Corrupt Organizations Act (RICO) case. The Cammarata Organization, like many organized criminal groups, was highly secretive, and building evidence for trial would be challenging wi...

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the complicated dynamics of using informants in organized crime cases. Drawing from his prosecution of Sam Cammarata, Mr. Small explains how informants can both help and hinder investigations, especially when they manipulate their insider status for personal gain. He discusses the challenges prosecutors face i...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience prosecuting the Cammarata Organization while serving with the U.S. Department of Justice's (DOJ) Organized Crime Strike Force. Mr. Small explains how traditional organized crime groups struggled with the transition into drug trafficking, a business they once saw as off-limi...

In the 100th episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces his listeners to Sam Cammarata, a career criminal who tried to follow his dreams and become the "Godfather of Houston." After brief stints in the Boston and New Orleans mafia, Cammarata decided to start his own criminal empire in Houston, Texas. With a nightclub as a legal front and a sec...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the wisdom of juries demonstrated in the complex drug smuggling Racketeer Influenced and Corrupt Organizations Act (RICO) case in Appling County, Georgia. He recounts the dramatic trial of Larry Jackson and his family, who were charged with money laundering and tax evasion. A key moment came...

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the challenges of preparing witnesses for trial, emphasizing the importance of honesty and addressing unfavorable facts in advance. Mr. Small shares his experience working with Billy Breen, a former drug trafficker turned government informant in the Appling County, Georgia, Racketeer Influenced and Corrupt Org...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps, undercover agents and cooperators. Drawing on his experience investigating drugs and corruption in Appling County, Georgia, Mr. Small shares how he enlisted a trusted cooperator...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the critical issue of false testimony and its damaging effects on the justice system. Centered on the case of Charlotte Lightsey, a deputy sheriff and wife of the Appling County sheriff in Georgia, the story reveals how she aggressively lied before a grand jury to deny involvement in corruption...

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval , managing director at FTI Consulting, about the practical aspects of working with trial graphics and multimedia designers. They discuss key considerations for attorneys when selecting a graphics expert, the importance of teamwork and venue-specific...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the evolution of the Racketeer Influenced and Corrupt Organizations (RICO) statute. As a young lawyer with the U.S. Department of Justice's (DOJ) Organized Crime and Racketeering Strike Force, Mr. Small reviewed proposed RICO cases, including one against law enforcement officers in Appling Coun...

In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval , managing director at FTI Consulting, to discuss the vital role of trial graphics and multimedia in persuading juries and other fact-finders. Mr. Duval shares his journey from journalism and design to supporting trial teams with visuals for more tha...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts a compelling story from Appling County, Georgia, where corruption and drug smuggling under a powerful sheriff threatened the integrity of the community. A local resident motivated by a sense of justice, but lacking law enforcement experience, took it upon himself to run for sheriff. After na...

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 shipmen...