In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the debate on using interpreters for witnesses in the courtroom. In some instances there is no choice: A witness who cannot understand English requires an interpreter. But when it's a gray area, some lawyers argue that an interpreter diminishes the connection between the witness and the jury. Mr. Small disagrees and offers a humorous anecdote from the corruption case United States v. Wallen, which he prosecuted, to support his pro-interpreter stance. He closes by reminding the listeners that misunderstandings often hurt your case and that interpreters help minimize them for both sides.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares how building genuine trust with a witness can make or break a case, recounting his extraordinary trip to Italy to meet Domenic D'Alessandro in the Frank Wallen corruption investigation. What began as a long-shot effort — navigating approvals from U.S. Department of Justice (DOJ) and and U.S. Department of State, coordinating with the IRS and overcoming internal skepticism — turned into a lesson in human connection. Over a shared meal and conversation, plus more than a few glasses of wine, Mr. Small and Mr. D'Alessandro developed mutual respect and forged a bond that led to Mr. D'Alessandro's voluntary return to the U.S., guilty plea and critical testimony. The story underscores a central tenet in trial preparation: You cannot extract the truth from strangers on a park bench; you must invest the time to create rapport and reliability with witnesses, because trust, not pressure, opens the door to honest testimony.

In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small explores the complexity of federal corruption cases. He highlights a matter he handled as an assistant U.S. attorney in the Boston U.S. Attorney's Office Public Corruption Unit: a case in Brockton, Massachusetts, in which the IRS uncovered corrupt relationships between contractors and Frank Wallen, the city's superintendent of sewers and then-commissioner of public works. Mr. Small shares insights into how the case arose, what work his team focused on and why it was so difficult to prosecute.

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explains why simplifying a complex case is essential to persuading a jury. Recalling the federal prosecution of U.S. budget director Bert Lance, Mr. Small describes how large investigations can produce lengthy indictments that confuse rather than convince, and emphasizes that focusing on clear, provable charges can strengthen a case. He outlines the risks of overcomplication and the importance of telling a straightforward story that a juror can follow.

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is once again joined by Partner Eric Alexander, who leads the firm's Product Liability – Life Sciences Team. This episode's conversation focuses on product liability trials and how they differ from other types of litigation, as well as recent shifts in juror attitudes and the effects on expert witness selection and preparation. Mr. Small shares an anecdote to emphasize that getting the jury to like you isn't just a part of trial, it's the only part of trial. For his part, Mr. Alexander suggests that changes in juror dynamics were likely accelerated by COVID-19 and the associated shutdowns. The attorneys agree that a strong expert nowadays is defined more by the ability to speak "juror's English" than by degrees or professional experience. The dialogue offers a behind-the-scenes look into the world of product liability litigation and the factors that can determine success in the courtroom.

In this episode of "The Trial Lawyer’s Handbook" podcast, litigation attorney Dan Small describes the unnatural environment of the courtroom and the importance of preparing witnesses for the off-putting rhythm of testimony that he summarizes as "question, pause, answer, stop." In the corruption case United States v. Bert Lance, because the defense sought to call numerous character witnesses, the judge limited counsel to four legalistic questions. The most notable witness, Miss Lillian, the elderly mother of then-President Jimmy Carter, had known Lance his whole life and could have played a key role in his defense. However, she was not prepared for the unusual phrasing of the questions and, after an 18-hour flight to get to court, concluded her testimony in about two and a half minutes. Mr. Small reminds the listeners that every witness is Miss Lillian and must be prepared accordingly.

In this episode of "The Trial Lawyer’s Handbook" podcast, litigation attorney Dan Small discusses the value of observing and learning from experienced colleagues, both professionally and socially. He reflects on one of his first significant cases as a federal prosecutor, when the U.S. Department of Justice (DOJ) secured a grand jury indictment in Atlanta against Bert Lance, the former director of the Office of Management and Budget, and three associates on charges that they conspired to violate U.S. banking laws to obtain millions of dollars in loans. Mr. Small joined the DOJ team led by Ed Tomko and Marvin Loewy and learned from watching them and the opposing counsel in action.

In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Partner Eric Alexander, who leads the firm's Product Liability – Life Sciences Team. Mr. Small talks with Mr. Alexander about the transition from being in the back row of a trial team to having a stand-up role. After reflecting on the beginning of his legal career, Mr. Alexander offers advice for young litigators on how to prepare for a trial and how to best support the attorneys on your team, plus some important don'ts to avoid in the courtroom. Mr. Alexander also emphasizes that there is no one way to approach a trial. Taking an approach that fits your case and fits who you are is important and will help you to come across as genuine.

In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Partner Eric Alexander, who leads the firm's Product Liability – Life Sciences Team. Mr. Small talks with Mr. Alexander about the transition from being in the back row of a trial team to having a stand-up role. After reflecting on the beginning of his legal career, Mr. Alexander offers advice for young litigators on how to prepare for a trial and how to best support the attorneys on your team, plus some important don'ts to avoid in the courtroom. Mr. Alexander also emphasizes that there is no one way to approach a trial. Taking an approach that fits your case and fits who you are is important and will help you to come across as genuine.

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 No. 6 from the challenging Cammarata Racketeering Influenced and Corrupt Organizations Act (RICO) trial. Despite appearing disengaged and distant throughout the trial, Juror No. 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 No. 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.