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The Trial Lawyer's Handbook

The Trial Lawyer's Handbook

Auteur(s): Holland & Knight
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À propos de cet audio

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
Gestion et leadership Économie
Épisodes
  • Juror No. 6 and the Unexpected Misunderstanding
    Sep 30 2025

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the unpredictable and often mysterious nature of jury selection and engagement, sharing the story of Juror #6 from the challenging Cammarata Racketeering Influenced and Corrupt Organizations Act (RICO) trial. Despite appearing disengaged and distant throughout the trial, Juror #6 proved a key contributor in deliberations, demonstrating the importance of patience and understanding in the courtroom. Mr. Small emphasizes that trial lawyers must craft their narratives with Juror #6 in mind: assuming that jurors are listening and striving to make complex stories accessible and meaningful to every member of the jury, even those who may seem withdrawn. This episode offers a powerful reminder of the human element in trials and the responsibility lawyers have to connect with juries to achieve justice.

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    5 min
  • The View from the Jury Box
    Sep 26 2025

    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.

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    18 min
  • Connecting with the Jury
    Sep 23 2025

    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.

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    6 min
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