The Trial Lawyer's Handbook

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...

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 c...

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...

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 e...

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 bega...

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 discu...

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 h...

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...

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 coun...

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, lea...

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...

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...

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 principle...

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 ne...

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 taugh...

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...

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 fr...

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...

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 o...

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...

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...

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 thos...

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 essentia...

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 belie...

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 n...