Holland & Knight

The Trial Lawyer's Handbook

Business EN ↓ 146 episodes

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.

Author

Holland & Knight

Category

Business

Podcast website

rss.com

Latest episode

May 5, 2026

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Episodes

Effective Trial Language Part 2: Legalese 30.01.2024

In this episode of his "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the use of legalese in the courtroom. He advises attorneys to avoid excessive use of legal jargon when speaking to jurors in a trial because such language can be confusing and distance the lawyer from the audience. Instead, he suggests using plain English as much as pos...

Effective Trial Language Part 1: Noise 23.01.2024

In this episode of his "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small explains the importance of being concise in the courtroom. He describes how to eliminate unnecessary words and noise so the audience, whether it be a judge or jury, can focus on the substance of the material being presented.

Dealing with Evidence of Time, Distance and Speed 16.01.2024

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the critical importance of establishing and relaying accurate measures of time, distance and speed in the courtroom. Mr. Small discusses the usefulness of demonstrative aids – such as stopwatches, tape measures or diagrams – and analogies or references to everyday objects to ensure the ju...

Why Demonstrative Aids Are Critical in Every Case 10.01.2024

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses why demonstrative aids are critical in every case. Mr. Small shares why he believes simple demonstratives, when properly used, can deliver powerful messages.

Using Technology in the Courtroom 18.12.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the pros and cons of using technology in the courtroom. Mr. Small provides six helpful tips on how to put the electronic tools at your disposal to proper use as well as the importance of always having a backup plan.

Showing Exhibits to the Jury 11.12.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights seven basic ways to effectively show a document or other exhibit to the jury. Mr. Small shares why the implementation of these skills is necessary for trial lawyers in order to successfully communicate in court.

Exuding Credibility in the Courtroom 04.12.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with Frank Vecella, principal at McKool Smith and former head of litigation for Ericsson, for an in-depth discussion on their experiences in trial law. Mr. Vecella provides insight into his years hiring trial counsel for Ericsson, why exuding credibility in the courtroom is so important, ho...

Key Lessons and Takeaways for Jury Trials 28.11.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Jason Bloom , a jury consultant and the founder and president of Bloom Strategic Consulting Inc., for an interesting conversation on key lessons and takeaways for jury trials. Mr. Bloom shares how he came to be a jury consultant, “dos” and “don’ts” for trial lawyers when working with jur...

The Pitfalls of Technology in Trials 13.11.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers seven pitfalls of using technology in the trial setting. Mr. Small discusses ways in which technology can be a hindrance in the courtroom, rather than a help, when using as your principal resource.

The Importance of Civility in Trial Law 06.11.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with fellow litigation attorney Trish Rich for a conversation on the importance of civility in trial law. Their discussion takes a deep dive into the vital role civility and professional responsibility play in the profession. Ms. Rich also shares key experiences that helped shape her into t...

Ep. 11 - Bringing Mindfulness and Best Practices to Trial Law 30.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by intellectual property and litigation attorney Joshua Krumholz to discuss the ins and outs of trial law. With their extensive knowledge of the field, the conversation covers many interesting topics such as: the benefits of practicing mindfulness in the courtroom, Mr. Krumholz's experience...

Ep. 10 - A Checklist of Common Objections 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small provides a checklist of the most common objections and their shorthand descriptions. Mr. Small shares why he believes this is a key component of being properly prepared in the courtroom, and how this skill set will help trial lawyers know when to pick their battles and save objections for when it tru...

Basic Courtroom Etiquette 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers 20 basic rules of courtroom etiquette. Mr. Small explains why following appropriate courtroom etiquette is so important, and why the jury will appreciate these actions.

Position and Movement in the Courtroom 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how your position and movement in the courtroom can impact a case. Mr. Small highlights six basic tips any trial lawyer can follow to build confidence and success in the courtroom.

The Different Ways Lawyers Prepare Notes for Trial 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why trial lawyers should always prepare notes before a case. Mr. Small doubles down on the important role notes play in a successful case and analyzes the different approaches to notes, from the no-notes path to a full script. In the end, he emphasizes that "winging it" is not an effective c...

Understanding the Importance of Chronology 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses chronology and why this tool is so important when working on a case. Mr. Small provides key steps for building an effective case chronology.

The Key to a Successful Trial Lawyer 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small divulges the key to being a successful trial lawyer: having a well-organized trial notebook. Mr. Small provides a breakdown of how to properly build a trial notebook that will help lawyers both plan and present their case, and respond to any unforeseen turns that it may take.

The Five Most Common Faults of Trial Lawyers 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the five most common faults of trial lawyers. Mr. Small acknowledges that every trial is different, but steering clear of the five faults shared in this episode will help trial lawyers remember what they need to accomplish and who they need to persuade, ultimately setting them up for succe...

The “Five P’s” That Will Help Shape Jurors’ Emotions 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the five "P's" that will help shape jurors' emotions in the courtroom. Mr. Small delves into the important role emotions play in the decision-making process in every case, and how trial lawyers can walk the tightrope to achieve a successful end result.

The Differences Between Persuasion and Argument 17.10.2023

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the differences between persuasion and argument that every trial lawyer should know. In the episode, Mr. Small explains why persuasion and facts are invaluable in the courtroom.

The Unwritten Rules of Trial Practice 17.10.2023

In the first episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the unwritten rules of trial practice that must be learned through experience and observation over time. Mr. Small clearly expresses that these "rules" are integral to mastering the art of trial law. Listen to this podcast for key steps on how to feel confident and prepared in the co...

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