In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps, undercover agents and cooperators. Drawing on his experience investigating drugs and corruption in Appling County, Georgia, Mr. Small shares how he enlisted a trusted cooperator to capture incriminating conversations — an approach that proved highly effective. This insightful episode explores why and how this strategy can lead to success.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the critical issue of false testimony and its damaging effects on the justice system. Centered on the case of Charlotte Lightsey, a deputy sheriff and wife of the Appling County sheriff in Georgia, the story reveals how she aggressively lied before a grand jury to deny involvement in corruption and drug smuggling. Unbeknownst to her, one cooperating deputy was secretly recording their conversations, capturing her candid admission, "I lied like a damn dog!" This tape became crucial evidence leading to her conviction for perjury and contributing to a substantial prison sentence. The episode highlights the challenges of prosecuting perjury, the dangerous mindset that allows it and the vital importance of holding witnesses accountable to preserve the integrity of justice.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the evolution of the Racketeer Influenced and Corrupt Organizations (RICO) statute. As a young lawyer with the U.S. Department of Justice's (DOJ) Organized Crime and Racketeering Strike Force, Mr. Small reviewed proposed RICO cases, including one against law enforcement officers in Appling County, Georgia, accused of participating in an illegal drug smuggling operation. The indictment faced several hurdles in getting approved, including pushback from higher-ups who believed that RICO was specifically meant for cases involving the Mafia. With help from a U.S. Attorney and FBI Special Agent Bill Hinshaw, the case was eventually approved. Later, at trial, they initially faced skepticism from the judge, but clear and compelling evidence led to a maximum sentence and helped reinforce the statute's reach beyond traditional organized crime.

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.

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.