Dan Small’s impressive portfolio includes serving as a lawyer for the U.S. Department of Justice, acting as corporate general counsel for a national healthcare management firm, and practicing privately with both small and large firms. Dan’s distinguished career offers a unique foundation for his excellence as both a teacher and author.
Dan is the author of the highly regarded trial manual Preparing Witnesses: A Practical Guide for Lawyers and Their Clients (ABA, 5th edition, 2020). He recently combined his expertise in trials and teaching in his book Lessons Learned from a Life on Trial: Landmark Cases from a Veteran Litigator and What They Can Teach Trial Lawyers (ABA, 2024). Additionally, Dan hosts legal podcasts for Holland & Knight, including The Trial Lawyers Handbook and Powerful Witness Preparation. A former lecturer on law at Harvard University, Dan frequently appears as a commentator on legal issues across television, radio, newspapers, and podcasts.
Dan is currently a partner at Holland & Knight, LLP, with offices in Boston and Miami. He represents witnesses, plaintiffs, and defendants in a wide array of investigations and legal proceedings, including civil and criminal litigation in areas such as fraud, regulation, insider trading, and revenue recognition. A member of both the Florida Bar and the Massachusetts Bar, Dan is a 1979 graduate of Harvard Law School and graduated cum laude from Harvard College. He was recently inducted into the prestigious Litigation Counsel of America honorary society.
8:30 AM Bridging the Gaps
- The perception gap
- The conversation gap
- The audience gap
Understanding the Need
- Treacherous environment
- Unnatural environment
- Deceptive environment
Understanding the Audience
- Humanize the witness
- Humanize the party
- Simplify the language
- Simplify the message
Understanding the Challenge
- Three mistakes witnesses make
- Seven mistakes lawyers make
10:00 AM Break
10:15 AM The Process
- Preparation - key steps
- Preparation checklists
The Rules
- Basic principles
- Framing the message
- The 10 rules
- Making an impact
11:45 AM Lunch (on own)
12:45 PM Adapting to the Situation
- Interview vs. testimony
- Deposition vs. trial
- Direct vs. cross
Expert Witness
- Role of the expert
- Expert/attorney relationship
- Independence of experts
- Expert communications
2:15 PM Break
2:30 PM Ethical Challenges Preparation Does Not Mean Coaching!
- Extremes and reality
- The perjury dilemma
- Conventional wisdom vs. the new order
Core Themes/Home Bases
Understanding the Keys
- The witnesses' bill of rights
4:00 PM Conclusion
- Discover a step-by-step approach to teaching your clients the basic principles of testifying
- Prepare witnesses to tell a story in a way that connects with the judge or jury
- Learn how to level the playing field where the questioner usually has an advantage
- Alert clients to the common witness mistakes and share tips to avoid them
- Receive a witness preparation checklist
- Explore ethical challenges in witness preparation
- Increase your expertise as an advocate to give yourself an edge in the litigation process
Book Bonus!
Wisconsin Trial Practice
Save 15% on the Wisconsin Trial Practice.* Written with the trial process in mind, this comprehensive resource breaks down every stage, from pretrial conferences to post-trial motions. Use discount code CA3821 when you order online or by calling (800) 728-7788.
*Discount applies to both print and digital Books UnBound editions of this title and cannot be applied to previous purchases. Offer valid through 12/31/26. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on the purchase of libraries. Discount cannot be combined with any other offers.
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