In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small begins a multi-part examination of a drug trafficking and corruption case in Appling County, Georgia. As increased law enforcement efforts in Florida pushed drug smuggling operations into Georgia, local law enforcement officers, including both a former and a sitting sheriff, became involved in facilitating drug shipments. Mr. Small explains how financial incentives and personal relationships contributed to the involvement of officers in criminal activity. He describes the investigation, the use of grand jury subpoenas and the challenges faced in confronting corruption within law enforcement. The episode highlights the realities of prosecuting these cases and the importance of maintaining accountability in the justice system.

In this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export grain elevator explosion case. After two explosions claimed the lives of 54 workers, the Occupational Safety and Health Administration (OSHA) and U.S. Department of Justice (DOJ) sought to hold two managers accountable in a month-long, emotionally charged trial. With compelling evidence and moving testimony from grieving workers and investigators, the case became more than just a fight for justice — it became a turning point. Mr. Small reveals how the trial itself sent a resounding message that sparked meaningful, industry-wide change, leading to a decade without similar deadly explosions. His reflections highlight how success in the legal world can be measured not only by the outcome in court, but also by driving progress and inspiring reform, transforming what may seem like "losses" into some of a lawyer's proudest victories.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares personal stories from early in his legal career that illustrate the invaluable role of experienced trial observers and honest feedback. Recalling his time at the U.S. Attorney's Office in Boston, he explains how casual gatherings of retired gentlemen helped them become expert critics who offered constructive advice that dramatically improved his trial skills. He also narrates a moment during a trial in Galveston, Texas, where he had the opportunity to sit down with court staff and listen to their feedback on this performance. These encounters taught him more about courtroom strategy and advocacy than formal education alone. The episode emphasizes the importance of seeking and valuing feedback in the challenging work of trial law and conveys a message of paying forward the lessons learned to help nurture the next generation of trial lawyers.

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.

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.

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.

In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three decades as an expert witness and forensic accountant, from his very first testimony during a high-profile case to a recent matter he worked on with Mr. Small. The pair also discusses different strategies for managing the relationship between an attorney and an expert witness during trial preparation and how it may impact the outcome of a case.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the role of expert witnesses in trials and how lawyers must effectively present expert testimony to the jury. Mr. Small shares an anecdote of his experience in the Farmers Export grain elevator explosion case where he had to take a creative approach to presenting the expert's testimony to help the jury intuitively understand the explosive qualities of grain dust. Although not every trial will require a demonstration as dramatic as the one he prepared, it is important to keep in mind that the jury's understanding of the case is vital to its outcome. With almost any expert, think of simple ways to show your core theme to the jury so that they can hold onto that image throughout the proceedings.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts the challenges he faced during the Farmers Export grain elevator explosion trial. He emphasizes the importance of purposeful actions in the courtroom, from how a lawyer speaks and moves to how they question witnesses. Mr. Small reflects on a pivotal moment with the presiding judge, where a minor misstep taught him a significant lesson about courtroom etiquette and the balance of control between a lawyer and a judge. Through this experience, he learned the art of blending expression with control, respecting courtroom rules while finding common ground with the judge. This episode illustrates the importance of knowing one's court and adapting to local customs to work harmoniously with judges, juries and counsel to achieve a positive outcome.

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.