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The Trial Lawyer's Handbook

The Trial Lawyer's Handbook

By: Holland & Knight
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About this listen

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.

Holland & Knight
Career Success Economics
Episodes
  • Finding the Truth
    Apr 28 2026

    Cross-examination is a key part of the U.S. adversarial system, giving defense counsel one of their most important tools to find the truth and challenge the government. But during litigation attorney Dan Small's pro bono work in Uzbekistan, he encountered lawyers with little to no experience with cross-examination at all.

    In this episode of "The Trial Lawyer's Handbook," Mr. Small explains that defense lawyers in Uzbekistan at the time had so little power that they could do little more than hold their clients' hands as they were sent to jail. Having the chance to cross-examine a government witness — even in a mock trial — brought one Uzbek lawyer to tears. Listen to the full episode for more on this powerful reminder not to take these rights for granted.

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    8 mins
  • Candor Saves Credibility in Courtrooms
    Apr 21 2026

    The fastest way to destroy a witness' credibility is to let the jury think something is being hidden. Litigation attorney Dan Small draws on the mock trial case State v. Faulkner, used for his pro bono work in Uzbekistan, as well as lessons from the Appling County corruption case, to demonstrate this idea in his latest episode of "The Trial Lawyer's Handbook." Mr. Small explores why credibility is won not by pretending a witness is spotless, but by confronting weaknesses head on. From prior convictions and shady pasts to the prosecutor's old rule of BOBS — Bring Out the Bad Stuff — the discussion shows how honesty can defuse cross-examination, build trust with a jury and turn even a deeply flawed witness into a believable one. Along the way, it also highlights the striking cultural differences that emerged as Uzbek lawyers wrestled with the framework of an adversarial trial system and discovered that, in court, honesty is truly the best policy.

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    7 mins
  • The "Referee" of the Judicial System
    Apr 14 2026

    Order in the courtroom determines whether justice can move forward. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the essential role judges play in the adversarial system through his pro bono work in Uzbekistan and the mock case State v. Faulkner. Drawing parallels to the Farmers Export and Rendle cases, Mr. Small shows how trial lawyers must balance forceful advocacy with respect for judicial authority. He recounts how an Uzbek judge, unfamiliar with the referee role, struggled to manage competing advocates until a makeshift gavel helped establish control. Mr. Small concludes that a fair adversarial system depends not only on skilled advocates but also on judges who can enforce rules and maintain fair, balanced proceedings.

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    6 mins
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