In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his journey of transforming compelling real-life trial experiences into valuable lessons for fellow litigators. Inspired by his wife, who encouraged him to document his stories, he began writing during cross-country flights, ultimately leading to the publication of his book Lessons Learned from a Life on Trial by the American Bar Association in 2024. Though he shares these anecdotes with the intent to educate, he acknowledges the challenges of memory and privilege and the influence of mentors and family who shaped his career. This series serves not only as a testament to his accomplishments in trial law but also as a way to express gratitude to those who have supported him along the way.

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 cases. He advises that storytelling should follow a chronological order to ensure jurors understand the case, as seen in examples from actual trials where ineffective presentations confused jurors. Mr. Small underscores that while winning is important, lawyers must uphold their ethical duties and convey evidence effectively. In closing, he encourages lawyers to embrace discipline and common sense as vital to success while expressing gratitude for the U.S. justice system and the important role of trial lawyers.

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

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.

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.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for organizing a trial and questioning witnesses. He highlights that no one approach is the same and that it varies for each attorney. Some best practices he mentions include being thorough, user-friendly, well-organized, and well-documented, while some practices he advises against include avoiding broad questions, sounding scripted, and being lengthy.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the role of a coherent theory of events and strategic themes to focus the trial's narrative. He illustrates the concept with multiple examples, including a case from early in his career involving a grain elevator explosion, to show how compelling themes can support the factual basis of a case. Mr. Small also offers practical advice on refining these crucial components, stressing the need for clarity, plausibility and careful consideration of the facts to communicate with the jury.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the importance of feedback for trial lawyers and the challenges they face in obtaining it. Mr. Small explains that trial attorneys often lack substantive feedback on their courtroom performance, which necessitates creative and proactive approaches to seek constructive criticism. He discusses various potential sources of feedback, including jurors, judges, clients and verdicts, highlighting their limitations and potential drawbacks.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small analyzes the similarities and differences between real-life trials and ones portrayed in television and movies. Mr. Small pulls from his experience as a consultant for a legal TV show to illustrate that, although court proceedings on the big screen aren't always realistic, developing litigators can apply the storytelling, efficiency and visual strengths of Hollywood productions to their own cases.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the value of observing other lawyers in action, highlighting trials as opportunities to witness persuasive skills and strategies firsthand. Mr. Small advocates for borrowing effective techniques from successful attorneys while stressing the importance of authenticity in court. He advises listeners to engage in discussions about observed practices and experiment with different styles to find their voice, but he cautions against blindly following trends without critical evaluation. Lastly, he encourages continuous learning from experienced lawyers, promoting a culture of shared knowledge and growth within the legal profession.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores three pivotal trends that have significantly impacted courtroom advocacy in recent years: the digital revolution, shortened attention spans and a lack of trial experience among attorneys. Mr. Small reflects on the increasing prevalence of these trends and underscores the need for attorneys to adapt their approach to effectively engage and communicate with jurors.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom skills, including reading educational books, observing other professionals in action, seeking guidance from seasoned trial attorneys, honing skills outside the courtroom and gaining experience as an arbitrator or a judge.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate an expert’s qualifications without allowing the jury to hear their credentials in detail, as this helps establish the witness’s credibility. Small emphasizes the importance of adequately preparing expert witnesses for testimony, regardless of their experience, to ensure they effectively communicate their expertise to the jury.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the vital role of storytelling in court cases, highlighting the need to construct, narrate and display a story effectively. He emphasizes the importance of establishing central themes for a case, customizing the narrative to suit the court and audience, and humanizing the case to make it relatable for a jury. Mr. Small also covers how to integrate motives, morality and justice into a story while utilizing visual tools to show it, including transcripts, videos, timelines, summaries and exhibits.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses effective strategies for closing arguments in trials. Mr. Small emphasizes two key principles: not asking for more than necessary to win the case and clearly articulating what you want from the jury. He stresses not only the importance of clearly explaining the desired outcome but also how to avoid common pitfalls in closing arguments.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small zeroes in on the enemies of impactful closing arguments: disorganization and verbal clutter. He critiques the common pitfall of overloading jurors with unnecessary words, demonstrating how a streamlined approach can significantly bolster an argument's clarity and force. Mr. Small advocates for concise language and ditching legalese to maintain juror engagement and effectively drive home key points.

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 introducing facts that were not presented during trial. Mr. Small also reminds attorneys to refrain from expressing personal opinions and focus solely on the evidence at hand.

In this episode of "The Trial Lawyer's Handbook" podcast, Partner Dan Small shares insights on crafting persuasive closing arguments. Mr. Small emphasizes the importance of organization, preparation and effective time management in delivering compelling closings. He discusses common pitfalls to avoid and offers practical strategies for guiding jurors to a favorable verdict. This episode provides essential advice for trial lawyers looking to enhance their courtroom performance and maximize their persuasive impact during closing arguments.

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 argument as well as the opportunities that come with effectively concluding a case by weaving together evidence into a clear and comprehensive picture for the jury. Additionally, he emphasizes the importance of persuading rather than arguing to help guide jurors to a favorable verdict.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small addresses the art of making effective objections during trial, highlighting the importance of preparation, quick thinking and poise. He delves into strategies for anticipating objections, the significance of listening intently to catch leading questions and the proper manner to object and respond to objections. Mr. Small stresses that beyond preventing unfavorable evidence, objections serve to preserve issues for appeal, underscoring their pivotal role in successful trial advocacy.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination by asking short, clear questions. Mr. Small advises to avoid the temptation to ask witnesses to agree with characterizations or conclusions and instead to focus on what the witness saw, heard and did. He also notes an effective approach is to build a case "brick by brick," presenting a series of factual questions that lead the jury to draw the desired conclusion on its own.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the ninth commandment from the "Ten Commandments of Cross-Examination" coined by Irving Younger. Mr. Small explains why it's important for attorneys to avoid asking one question too many and the potential consequences of taking a line of questioning too far.

In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the "Ten Commandments of Cross-Examination." Coined by the late Irving Younger, then a professor at Cornell Law School, this advice guides attorneys when conducting a cross-examination. Mr. Small outlines all ten commandments and identifies how to implement each for a successful cross-examination.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components for the direct examination of expert witnesses: establishing the witness' expertise, confirming their opinion with the subject matter, eliciting their opinion, and detailing the basis for that opinion. He also notes it’s essential to present this information in a manner easily understood by jurors, making the expert's role more akin to that of a teacher. However, it is ultimately the lawyer's responsibility to ensure that the expert's testimony is clear and compelling.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic answers answers: refreshing a witness' memory, using past recollection recorded and impeachment by a prior inconsistent statement. The episode also outlines the steps involved in refreshing a witness' memory and gives advice on how to handle mistakes made by witnesses.

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 witness never made any prior statement on the subject. Mr. Small provides helpful insight into how to properly handle this particular situation in the courtroom.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers typical areas of expert cross-examination and rules to follow when examining an expert witness. Mr. Small focuses on why your cross should always be well thought out and prepared.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights strategies including maintaining a poker face and waiting patiently for cross-examination to present a compelling argument. Mr. Small also emphasizes the importance of committing witnesses to their statements, crediting those statements for credibility and confronting inconsistencies, offering lawyers critical insights to sway the jury with clarity and drama.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully selecting which inconsistencies to address, preparing thoroughly and executing the impeachment effectively. Mr. Small provides seven key points for lawyers to consider when attempting to impeach a witness, including assessing the significance of the inconsistency, setting up the context properly and knowing when to stop questioning after making the point.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination. He emphasizes the need for careful preparation, clear questions and avoiding arguments with an uncooperative witness. Mr. Small also outlines the potential benefits and drawbacks of two common approaches for managing explanatory answers during cross-examination.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises against provoking arguments and instead advocates for asking clear, concise questions that aim to extract factual information. Mr. Small also emphasizes the importance of maintaining control during questioning and the impact of skillfully guiding witnesses to provide factual responses on a case's overall strength.

In the latest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the art of cross-examination, focusing on the strategic use of leading questions. Through practical insights and examples, Mr. Small emphasizes the importance of brevity and clarity in cross-examination tactics, providing valuable guidance for legal professionals.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of preparation and organization when engaging in cross-examination. Mr. Small addresses the various stages of cross and explains how to approach it to effectively engage the judge and jury. Additionally, he illustrates these points with examples of the do's and don'ts that attorneys should be wary of.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the importance of understanding when to cross-examine. Mr. Small highlights the challenges that come with cross-examination and seven thoughts to consider before taking action.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the need for lawyers to simplify complex cases when preparing for trial. He advises practitioners to critically evaluate their cases, cutting unnecessary claims and witnesses while being cautious of emotional attachments that may cloud judgment. Mr. Small also highlights the effectiveness of using visual aids and maintaining simplicity in summaries but cautions against overusing them to ensure impactful communication. By strategically reducing complexity, lawyers can enhance their ability to persuade juries.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines nine basic approaches attorneys can incorporate when conducting a cross-examination. He encourages listeners to take all nine into account and think critically about how to combine and structure various approaches for an effective cross-examination.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers the crucial role of cross-examination and its impact on our justice system. In the episode, Mr. Small explains the importance of addressing the "why" before diving into the "how" of this process.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the nuanced art of redirect examination, emphasizing its strategic use to mitigate damage and refocus the jury's attention. He points out common pitfalls, including unrealistic expectations by lawyers, that can lead to squandering the opportunity for a limited but effective redirect. Mr. Small advises careful planning and strategy over emotion-driven responses, given that the process will vary widely from witness to witness. Additionally, he highlights the need for discipline and focus, advising against attempting to cover every point raised during cross-examination to ensure key arguments stand out.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small provides a comprehensive guide on effectively introducing and utilizing exhibits during trials. He outlines a six-step process covering selection, research, timing, logistics, publishing and explaining exhibits. Mr. Small emphasizes the importance of careful planning, anticipating objections, considering the best witness and timing for each exhibit, and seamlessly integrating exhibits into the overall case narrative and demonstratives. This episode offers valuable strategies for maximizing the impact of exhibits and avoiding common pitfalls.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the real-world challenges of direct examination, emphasizing that while the ideal scenario would be a perfectly coherent narrative, reality demands strategic storytelling. Drawing from his book, Lessons Learned from a Life on Trial, Mr. Small offers insights into making complex cases understandable, focusing on the techniques of looping and bookends for effectively keeping jurors engaged and informed. These strategies highlight the need for clarity and skill when guiding the jury through the often-convoluted paths of legal narratives.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the impact of verbal clutter in legal proceedings. He stresses the importance of asking concise, clear questions, urging lawyers to avoid unnecessary phrases that add ambiguity. Mr. Small presents practical strategies for effective and efficient questioning, ultimately enhancing the trial process and reducing confusion for both witnesses and the jury.

In the latest episode of the "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares insights on strengthening direct examinations. He stresses that every question should advance testimony in a logical flow. Mr. Small also explains the importance of establishing adequate foundations before delving into substantive details. Listeners will learn to avoid "how do you know" questions that risk sounding leading or casting doubt. He notes proper order and phrasing also matter when introducing documents or physical evidence.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes over how to avoid leading questions on direct examinations while still maintaining control. Mr. Small outlines six important steps to help ensure direct examinations go the way lawyer want it to: preparation, mistakes, pace, pieces, narrative and listen. These steps help both to control the witness and guarantee that the testimony is clear, effective and engaging for the jury.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores how to avoid asking leading questions during direct examination. The Federal Rules of Evidence state that lawyers should not use these types of questions when examining a witness, except when necessary to develop the witness' testimony. Mr. Small recommends using concise and straightforward "W" questions — who, what, when, where, why and how — to allow witnesses to freely share their story without shifting the jury's focus to the attorney.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the basics of an effective direct examination. He walks listeners through the six key elements of a well thought out, well delivered direct examination.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how complex trials often leave jurors feeling overwhelmed and disengaged. He emphasizes that lawyers frequently neglect the jurors' experience by presenting an excessive number of charges and evidence, leading to confusion. Mr. Small advocates for streamlining trials by focusing on essential elements and reducing unnecessary complexities, as clarity and conciseness are crucial for achieving favorable outcomes in litigation.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the complexities attorneys face in crafting an effective opening statement during a trial. He tackles common challenges such as introducing key legal concepts without crossing any lines, skillfully anticipating opponents' arguments, addressing your case's weaknesses from the outset and thanking the jury. Mr. Small meticulously explains how to use minimal legal language, deal with opponents' points before they're made and make a good first impression without coming off as insincere.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses some common mistakes that lawyers tend to make in opening statements. As he explains, although there’s no such thing as a perfect trial, or anything close to it, some mistakes are easier to avoid than others.

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. He examines types of statements that may be used in an opening that appear to blur the line between facts and argument, showing how the distinction between the two can be difficult to discern, especially for new lawyers. Mr. Small then explains how to structure an opening statement that goes beyond a mere summary or recitation of the anticipated evidence while still remaining on the right side of the rule.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the importance of connecting with jurors from the beginning of the trial. He explains that an important aspect of drawing the jurors in is by making them care about what you have to say, comparing presenting opening statements to telling a story.