The Trial Lawyer's Handbook

Holland & Knight Podcasts
  • 4.8 (12)
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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. Cases Come in Many Ways

    1D AGO

    Cases Come in Many Ways

    Sometimes, cases arrive when you least expect them. For litigation attorney Dan Small, one such moment involved stepping into an already high‑profile federal matter. In the latest episode of "The Trial Lawyer's Handbook" podcast series, he recounts being brought in from Massachusetts to Louisiana to represent former Gov. Edwin Edwards in a criminal proceeding. Mr. Small shares the background of the case and how it ultimately landed on his desk, offering an inside look at a complex legal challenge.

    6 min
  2. Victories and "Losses" in the Courtroom

    FEB 10

    Victories and "Losses" in the Courtroom

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small continues the story of the U.S. Securities and Exchange Commission's (SEC) civil case against internet game company SG Limited, recounting how an initial courtroom win was undone when the U.S. Court of Appeals for the First Circuit reversed the lower court decision against a motion to dismiss. Mr. Small uses this moment to explain the critical difference between "losing" narrow legal rulings and prevailing in the broader narrative, showing how the appellate court's own words validated SG's central theme: no reasonable player could have believed the game's "stocks" were real or profits guaranteed. He then walks through how that story powered settlement negotiations, culminating in a very unlikely outcome: return of most of the frozen funds, a face-saving escrow proposal for any truly misled "victims."

    7 min
  3. Finding Humor in Law

    FEB 3

    Finding Humor in Law

    What happens when the government treats online "play money" like real securities? In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts a civil enforcement action brought by the U.S. Securities and Exchange Commission (SEC) against SG Limited, an early internet stock market game created by programmers overseas that built a large U.S. player base. He explains the SEC's attempt to characterize the game's virtual shares as unregistered securities and resulting allegations that the platform functioned as a Ponzi scheme, leading to a court-ordered freeze of approximately $5.5 million. Mr. Small walks through SG Limited's defense and the strategic choice to keep the case grounded in a clear, common-sense narrative, emphasizing that the platform presented itself as entertainment, not an investment. The episode spotlights the power of storytelling in trial advocacy, illustrated by how the district court responded to SG Limited's arguments in ultimately dismissing the SEC's case. Much like video games have a sequel, however, the story does not end there. In the next episode, Mr. Small continues the narrative at the appellate level.

    8 min
  4. Keeping Your Vessel Stable During Cross-Examination

    JAN 27

    Keeping Your Vessel Stable During Cross-Examination

    In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed, resulting in a credibility contest. Mr. Small shares the strategy he used to successfully cross-examine the other side's expert witness. In technical cases such as this one, it is your responsibility as the trial lawyer to learn the specifics of the case. By mastering the technical details himself, rather than relying solely on his team and client, Mr. Small was able to go toe-to-toe with the plaintiff's expert during cross-examination, a key factor in ultimately winning the case.

    11 min
  5. The Stability in Simplicity

    JAN 20

    The Stability in Simplicity

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces a new case that illustrates a new strategy for trial. Naval architect Jack Gilbert was accused of selling a boat with stability issues and was sued by the owner of the 93-foot fishing vessel for negligence in federal court in Portland, Maine. Mr. Small provides an overview of the case and the technical details underlying it before describing the central role his "core themes" played at trial as he presented his arguments before the jury.

    9 min
  6. Reading the Room

    JAN 13

    Reading the Room

    In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues the discussion of U.S. v. Rendle and explains why reading the room matters in court. Mr. Small shows how judges, juries and the pace of a trial should guide your choices across all aspects of the proceeding, not just your arguments. He shares a Boston case where a defense lawyer's approach at sentencing hurt the client, and a moment in U.S. v. Rendle when a lengthy cross-examination allowed the government to respond with a strong redirect. This episode offers clear lessons on timing, tone, selecting the right witness, when to object and how courtroom dynamics can lead to plea deals.

    11 min
  7. Respect in the Courtroom

    JAN 6

    Respect in the Courtroom

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small uses the white-collar corruption case of United States v. Rendle and his experience before the famously pro-defense Judge Joseph Tauro to explore the central role of respect in the courtroom. Drawing on stories from his time as a federal prosecutor, Mr. Small explains how rigorous preparation and sound judgment – especially knowing when to push hard and when to "move on" – helped him earn the respect of a judge many colleagues feared. Mr. Small underscores why neither constant combativeness nor habitual capitulation works, how to "pick your battles" in motions and arguments, and why genuine respect must extend beyond the bench to clerks, court staff and everyone in the courthouse.

    8 min
  8. Understanding the Media

    12/30/2025

    Understanding the Media

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small underscores the importance of understanding the media as a trial attorney. He recounts lessons learned from a high-profile government corruption case in Boston, where he interacted with reporters from two competing newspapers. As he explains, he inadvertently gave an exclusive quote to one of the journalists, blindsiding and angering the other news outlet. Mr. Small's message: A trial attorney's job is to address the court and inform the press, without favoring one publication over another.

    9 min
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Ratings & Reviews

4.8
out of 5
12 Ratings

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.

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