In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps,...more
7/29/2025
/ Cooperation ,
Corruption ,
Criminal Investigations ,
Criminal Procedure ,
Criminal Prosecution ,
Evidence ,
Investigations ,
Technology ,
Trial Attorneys ,
Trial Practice Guidance ,
Trial Preparation ,
Wiretapping ,
Witnesses
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the critical issue of false testimony and its damaging effects on the justice system. Centered on the case of...more
7/22/2025
/ Criminal Convictions ,
Criminal Justice Reform ,
Criminal Prosecution ,
Ethics ,
Evidence ,
False Statements ,
Investigations ,
Law Enforcement ,
Legal Ethics ,
Trial Attorneys ,
Trial Practice Guidance ,
Witnesses
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...more
6/24/2025
/ Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Evidence ,
Expert Testimony ,
Jury Trial ,
OSHA ,
Professional Development ,
Trial Attorneys ,
Trial Practice Guidance ,
Trial Preparation ,
Wrongful Death
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,...more
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...more
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...more
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...more
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...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines essential rules for lawyers during closing arguments. He speaks about the importance of not misstating evidence or...more
Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more
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...more
In the fourth episode of his "Ethical Witness Preparation" podcast series, "Finding the Balance," litigation attorney Dan Small draws a parallel between witness preparation and translating different languages. Mr. Small also...more
6/30/2022
/ Attorney-Client Privilege ,
Disclosure ,
Discovery ,
Evidence ,
Expert Testimony ,
Federal Rules of Civil Procedure ,
Federal Rules of Evidence ,
Legal Ethics ,
Litigation Strategies ,
Trial Practice Guidance ,
Trial Preparation ,
Witness Preparation ,
Witnesses
In the third episode of his "Ethical Witness Preparation" podcast series, "A Tortured Journey with the Lying Witness," litigation attorney Dan Small takes an in-depth look at a Massachusetts Supreme Judicial Court Rule and...more
6/17/2022
/ Attorney-Client Privilege ,
Ethical Standards ,
Evidence ,
Expert Testimony ,
Federal Rules of Evidence ,
Legal Ethics ,
Litigation Strategies ,
Rules of Civil Procedure ,
Trial Preparation ,
Witness Preparation ,
Witnesses
In the latest episode of his "Powerful Witness Preparation" podcast series, Playing the Guessing Game is a Losing Strategy, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness...more