The Trial Lawyer's Handbook

Holland & Knight Podcasts
The Trial Lawyer's Handbook

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.

  1. Part I - Reading the Jury

    1 DAY AGO

    Part I - Reading the Jury

    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 talk to the jury after a case, an educational opportunity that Mr. Small describes as "too rare." Additionally, Mr. Kiernan urges lawyers to focus on the jury, rather than the witnesses, in order to identify and engage with the leaders of the group who will have more influence on the ultimate verdict.

    10 min
  2. How to Use Humor and Anger Effectively in the Courtroom

    3 DAYS AGO

    How to Use Humor and Anger Effectively in the Courtroom

    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.

    7 min
  3. Connecting Separate Pieces of Evidence Clearly, Persuasively

    28 JAN

    Connecting Separate Pieces of Evidence Clearly, Persuasively

    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.

    7 min
  4. At Trial, Less Is More

    21 JAN

    At Trial, Less Is More

    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.

    8 min
  5. Getting Dressed for Court

    14 JAN

    Getting Dressed for Court

    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.

    6 min
  6. Presentation is Paramount

    7 JAN

    Presentation is Paramount

    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 also underscores the importance of speaking credibly and sincerely to effectively persuade the jury.

    6 min
  7. Voice and Delivery

    17/12/2024

    Voice and Delivery

    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 more proficient in trial practice.

    7 min
  8. Think Outside the Script

    10/12/2024

    Think Outside the Script

    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.

    7 min
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About

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.

Information

  • Channel
    Holland & Knight Podcasts
  • Creator
    Holland & Knight
  • Years Active
    2023 - 2025
  • Episodes
    71
  • Provider
    Holland & Knight LLP

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