The Trial Lawyer's Handbook

Holland & Knight Podcasts
  • 4,7 (11)
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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. The View from the Jury Box

    -2 H

    The View from the Jury Box

    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 operates. Sitting on the other side of the bench made him realize that tactics such as objections and impeachments were often seen by jurors as annoying and ineffective, merely slowing down the trial and distracting from its main points. Similarly, the case featured numerous claims and objections, resulting in a 22-page verdict that Mr. Casal found confusing even as a trained lawyer. Based on this experience, Mr. Small and Mr. Casal agree that presenting your case simply and clearly is far more beneficial and convincing for Juror No. 6 than legal technicalities they do not understand.

    18 min
  2. Connecting with the Jury

    -3 J

    Connecting with the Jury

    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 inability to converse directly, subtle interactions, gestures and small moments — such as a mishap with a wrapped finger or a cheeky message to opposing counsel — helped build a connection with the jury during the grueling month-long trial. The episode emphasizes the importance of consistently striving to respect, engage and communicate effectively with jurors, reminding trial lawyers that every action, no matter how trivial it may seem, can influence how the jury understands and responds to a case.

    6 min
  3. Bad Facts Make Bad Law

    16 SEPT.

    Bad Facts Make Bad Law

    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 because the Texas Rangers did not include the arrested individual's last name on the warrant. Mr. Small appealed the decision, and the U.S. Court of Appeals for the Fifth Circuit ruled in his favor, making the confession admissible at trial. The ruling helped establish the "good-faith exception" to the exclusionary rule, which was soon officially adopted by the U.S. Supreme Court.

    6 min
  4. Actors on a Stage

    9 SEPT.

    Actors on a Stage

    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 without insider testimony. Working alongside the Texas Rangers, Mr. Small befriended skilled undercover agents and learned their strategies for creating a false persona. The episode offers a glimpse into infiltrating a criminal organization, as well as amusing anecdotes from Mr. Small's first attempt at going undercover at a local honky-tonk.

    8 min
  5. "I Was Just Playing a Role"

    2 SEPT.

    "I Was Just Playing a Role"

    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 in building persuasive arguments using informant testimony, tactics defense lawyers use to cast doubt on informant credibility and strategies that help reveal the truth in court. This episode offers insights into the delicate balance required to pursue justice when relying on those closest to criminal activity.

    8 min
  6. Too Dirty for Dirty Crime

    26 AOÛT

    Too Dirty for Dirty Crime

    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-limits. He details how the Cammarata group's excessive ambition and reliance on violence undermined their criminal enterprises, including failed international deals and brutal tactics that ultimately led to their downfall. This episode explores the realities of investigating organized crime, the economic principles underlying illegal enterprises and how prosecutors use evidence of violence to portray criminal organizations in court.

    5 min
  7. The Godfather of Houston

    19 AOÛT

    The Godfather of Houston

    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 second-in-command with a love of violence, the Cammarata organization quickly grew more prominent and more profitable as it engaged in illegal activities such as bookmaking, loansharking, prostitution and extortion. As a prosecutor for the U.S. Department of Justice's Organized Crime Strike Force, Mr. Small was sent to Texas to help the Texas Rangers indict members of the criminal enterprise.

    8 min
  8. A Good Lickin'

    12 AOÛT

    A Good Lickin'

    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 when AZ Jackson, Larry's father, took the stand with a seemingly implausible story denying involvement despite overwhelming evidence supporting the opposite. Mr. Small's intense cross-examination exposed the truth, helping the jury deliver a verdict convicting all defendants – notably except AZ – on tax charges. Mr. Small's post-trial conversations with jurors about AZ gave him an opportunity to reflect on the profound insights they can bring, reminding lawyers how important it is to present clear, compelling cases while also focusing on what truly matters.

    9 min
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À propos

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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