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.

For more, visit: https://hklaw.com/en/insights/media-entities/2024/08/more-on-cross-examination-building-a-case-brick-by-brick

More on Cross-Examination: Building a Case Brick by Brick

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.

For more, visit: https://www.hklaw.com/en/insights/media-entities/2024/10/podcast-in-closing-arguments-dont-forget-to-ask

In Closing Arguments, Don't Forget to Ask

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.

This Extraordinary Process Called "Trials"

Everyone has their own unique career path. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his personal journey, highlighting how he initially planned to become a teacher before three developments steered him toward a career as a trial lawyer. Prior to entering private practice, he amassed a wealth of knowledge as a prosecutor in the Criminal Division of the U.S. Department of Justice. Throughout this series, he will discuss these experiences and the lessons he learned from them, offering valuable insights to listeners at all stages of their legal careers.

There Is No Right Path

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and explains how this case fits into the broader history of the prosecution of white collar crime. Traditionally, health and safety violations were addressed through civil lawsuits, leaving managers and similar personnel untouched by the legal system. However, the creation of the Occupational Safety and Health Administration (OSHA) in 1970 introduced criminal penalties for serious violations, signaling a shift in how such cases could be handled. Following a series of fatal explosions in the grain elevator industry, the U.S. Department of Justice launched a grand jury investigation, culminating in the indictment of executives at Farmers Export for violations of the Occupational Health and Safety Act.

The Law as a Force for Change

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, Credit and Confront. Using a real example from the Farmers Export grain elevator explosion trial, the episode illustrates how to skillfully expose a witness' prior inconsistent statements to undermine their testimony. By first having the witness commit to their current testimony, then credit their previous statement and finally confront them with the contradiction, Mr. Small was able to successfully dismantle a key defense witness' credibility. This episode offers valuable insights for trial lawyers aiming to master effective witness impeachment strategies.

The Three C’s for Addressing Prior Inconsistent Statements

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 1977. In this episode of "The Trial Lawyer's Handbook," he shares this extraordinary anecdote that threw him into a panic just two years out of law school. The case's lead counsel, who was the chief of the Criminal Division at the Houston U.S. Attorney's Office, had a scheduling conflict, and Mr. Small was told the judge would not grant a continuance. The chief informed Mr. Small that another experienced trial attorney already in the area would step in, but Mr. Small soon realized this attorney was there not to lead, only to assist. So, he prepared for trial.

"Ready for Trial?"

Sometimes, it can pay off to bend the rules. In this episode of his "Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his experience prosecuting the Farmer's Export grain elevator explosion case. He recalls how the defense's grain dust expert struck him as "too brief" and "too smooth." Trusting his instincts rather than simply following standard procedure, he began to rigorously question the witness during cross-examination, asking both open-ended and leading questions to test his expertise. After more than an hour of persistent inquiry, Mr. Small was able to reveal that the expert was not as knowledgeable as he initially seemed, resulting in the breakdown of a key part of the opposing side's case.

Follow the Rules … Most of the Time

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve into the critical topic of expert witness preparation, emphasizing the importance of thorough preparation and knowing the boundaries of the expert's role. Mr. Ratner shares his extensive experience and stresses that even seasoned experts benefit from diligent preparation that helps them understand the case inside out. Mr. Small highlights three pillars of expert testimony — expertise, passion and clarity — and stresses that it's critical to translate technical jargon into "plain old English" that juries can understand. Mr. Ratner also offers insights into common mistakes lawyers make when preparing experts, the trend of overly aggressive depositions and the often lonely nature of the expert witness role.

Part II: Being an Expert Is a Lonely Business

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts a compelling story from Appling County, Georgia, where corruption and drug smuggling under a powerful sheriff threatened the integrity of the community. A local resident motivated by a sense of justice, but lacking law enforcement experience, took it upon himself to run for sheriff. After narrowly winning, he sought federal assistance and collaborated with the FBI and U.S. Attorney's Office in an effort to save his county. The episode highlights the slow, complex federal investigation involving Racketeer Influenced and Corrupt Organization Act (RICO) charges, undercover operations and community doubt amid procedural delays. In sharing this case, Mr. Small reflects on how legal battles impact real lives and communities.

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