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Articles by Daniel I. Small
The stability in simplicity
The late and great Jack Gilbert was widely known as one of the top naval architects on the eastern seaboard. He designed much of the East Coast fishing fleet, and as that work slowed or went overseas, he broadened out to designing ferries, tugboats, fireboats and other commercial vessels. One of the fishing vessels he designed — we’ll call it “The Bailey” — was a beautiful 93-foot working boat.
The stability in simplicity
The late and great Jack Gilbert was widely known as one of the top naval architects on the eastern seaboard. He designed much of the East Coast fishing fleet, and as that work slowed or went overseas, he broadened out to designing ferries, tugboats, fireboats and other commercial vessels. One of the fishing vessels he designed — we’ll call it “The Bailey” — was a beautiful 93-foot working boat.
Reading the (court)room
As trial lawyers, we are advocates, but we cannot let our strongly held beliefs blind us to the realities of the courtroom. Whether individuals or the government, clients need lawyers who can “read the room”: the judge, the jury, the atmosphere, the direction in which things are heading. It can be a challenge to step back from our advocacy long enough, and far enough, to really read the room.
Reading the (court)room
As trial lawyers, we are advocates, but we cannot let our strongly held beliefs blind us to the realities of the courtroom. Whether individuals or the government, clients need lawyers who can “read the room”: the judge, the jury, the atmosphere, the direction in which things are heading. It can be a challenge to step back from our advocacy long enough, and far enough, to really read the room.
Respect in the courtroom
In federal criminal matters, judges are drawn for the case at random. For the HUD corruption case we talked about in prior columns, we drew the late Judge Joseph Tauro in U.S. District Court in Boston. Drawing a “T,” as it was called, was a cause for distress to many in the U.S. Attorney’s Office. Judge Tauro was smart and experienced but widely viewed as heavily pro-defense.
Respect in the courtroom
In federal criminal matters, judges are drawn for the case at random. For the HUD corruption case we talked about in prior columns, we drew the late Judge Joseph Tauro in U.S. District Court in Boston. Drawing a “T,” as it was called, was a cause for distress to many in the U.S. Attorney’s Office. Judge Tauro was smart and experienced but widely viewed as heavily pro-defense.
Understanding how the media works
Corruption can damage important government programs. The Department of Housing and Urban Development 518(b) program was designed to provide assistance for needed renovations for low-income housing. It was a good program, if it was done right. But in Massachusetts, some of the folks who ran the program were doing it wrong, taking bribes from building contractors in exchange for giving out 518(b) contracts.
Understanding How the Media Works
Litigation attorney Daniel Small published a column in Massachusetts Lawyers Weekly reflecting on a public corruption case involving Massachusetts officials who accepted bribes from contractors administering the U.S. Department of Housing and Urban Development's (HUD) 518(b) program. After one contractor agreed to cooperate, prosecutors developed evidence that led to indictments against 10 people, including six current or former HUD officials.
Understanding how the media works
Corruption can damage important government programs. The Department of Housing and Urban Development 518(b) program was designed to provide assistance for needed renovations for low-income housing. It was a good program, if it was done right. But in Massachusetts, some of the folks who ran the program were doing it wrong, taking bribes from building contractors in exchange for giving out 518(b) contracts.
Jurisdiction is in the eye of the beholder
My assignment in the case of New England mob boss Raymond Patriarca that’s been discussed in prior columns was more complicated than the usual “go see what’s happening.” My boss, the chief of the Department of Justice’s Organized Crime and Racketeering Strike Force, told me that the underlying actions had taken place in Rhode Island and Florida.
Jurisdiction Is in the Eye of the Beholder
Litigation attorney Daniel Small published an article in Massachusetts Lawyers Weekly reflecting on a high-stakes federal racketeering prosecution involving New England crime boss, Raymond Patriarca, and the strategic lessons he learned as a federal prosecutor. Mr. Small and his team rapidly assembled a case, secured a grand jury indictment under the Racketeer Influenced and Corrupt Organizations (RICO) Act, and successfully appealed the dismissal of the charges.
Jurisdiction is in the eye of the beholder
My assignment in the case of New England mob boss Raymond Patriarca that’s been discussed in prior columns was more complicated than the usual “go see what’s happening.” My boss, the chief of the Department of Justice‘s Organized Crime and Racketeering Strike Force, told me that the underlying actions had taken place in Rhode Island and Florida.
In case of New England mob boss, justice delayed or justice denied?
Raymond Patriarca was the powerful and ruthless boss of the Patriarca crime family in New England for more than three decades. His criminal history started in his teenage years when he was charged with hijacking, armed robbery, assault and more. At the ripe old age of 25, he was indicted as an accessory to murder, and it went on from there.
In Case of New England Mob Boss, Justice Delayed or Justice Denied?
Litigation attorney Daniel Small published an article in Massachusetts Lawyers Weekly recounting his time as a federal prosecutor pursuing racketeering charges against Raymond Patriarca, the powerful and ruthless boss of the Patriarca crime family in New England.
Telling the whole story, not just separate pieces
Question: Mr. Bank teller, what happened January 2nd of last year? Answer: Well, we were robbed, sir. Robbed at gunpoint. Q: Did you get a good look at the robber? A: Yes, I did. Q: Do you see him in the courtroom today? A: Oh, yes, it’s the defendant, I’ll never forget his face. Q: And did your security system get a picture of him? A: Yes, it’s Exhibit 22. There he is, right there. Obviously, the story would take a little longer to tell, but that’s the gist of it, pure and simple.
Dangers of climbing the ladder
For crimes done in secret, like corruption or drug dealing, sometimes the only way to get to the people at the top is to climb up the ladder, one rung, one defendant, at a time. Catch someone lower down and then pressure them to turn and testify against the next step up the ladder. George Collatos was a shining example of both the opportunities and the dangers of this approach.
Dangers of climbing the ladder
For crimes done in secret, like corruption or drug dealing, sometimes the only way to get to the people at the top is to climb up the ladder, one rung, one defendant, at a time. Catch someone lower down and then pressure them to turn and testify against the next step up the ladder. George Collatos was a shining example of both the opportunities and the dangers of this approach.
Dangers of Climbing the Ladder
Litigation attorney Daniel Small published an article in Massachusetts Lawyers Weekly that tells the story of how corruption cases can fall apart when prosecutors rely on witnesses who are themselves compromised. He focuses on George Collatos, a Boston city insider whose cooperation was supposed to help build a case against a higher‑level official. Instead, Collatos' long history of extortion, lying and repeated perjury created an unstable foundation liable to crumble in court.
The law is the law
The money laundering charges we’ve been discussing in prior columns against Ted Anzalone, the right-hand man of Boston Mayor Kevin White, were in two parts. The first was the birthday party: Anzalone helped organize a birthday party for Mayor White’s wife. But the state Ethics Commission discovered that among other “presents” were large numbers of checks for $1,000 each from city employees. The commission referred the matter to the U.S. Attorney’s Office, and we started a grand jury investigation.
The law is the law
The money laundering charges we’ve been discussing in prior columns against Ted Anzalone, the right-hand man of Boston Mayor Kevin White, were in two parts. The first was the birthday party: Anzalone helped organize a birthday party for Mayor White’s wife. But the state Ethics Commission discovered that among other “presents” were large numbers of checks for $1,000 each from city employees. The commission referred the matter to the U.S. Attorney’s Office, and we started a grand jury investigation.
Podcast - Be A Role Model
Daniel I. Small’s articles from Holland & Knight are most popular: with readers working within the Retail & Leisure industries Holland & Knight are most popular: within Strategy topic(s) Real reform begins when lawyers model the values they want the justice system to protect. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small concludes his discussion of pro bono work in Uzbekistan and reflects on a decade spent helping lawyers and judges advance rule-of-law reforms.
Podcast - Be a Role Model
Real reform begins when lawyers model the values they want the justice system to protect. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small concludes his discussion of pro bono work in Uzbekistan and reflects on a decade spent helping lawyers and judges advance rule-of-law reforms.
Telling the whole story, not just separate pieces
Some crimes and some cases involve a simple story. Question: Mr. Bank teller, what happened January 2nd of last year? Answer: Well, we were robbed, sir. Robbed at gunpoint. Q: Did you get a good look at the robber? A: Yes, I did. Q: Do you see him in the courtroom today? A: Oh, yes, it’s the defendant, I’ll never forget his face. Q: And did your security system get a picture of him? A: Yes, it’s Exhibit 22. There he is, right there.
Telling the whole story, not just separate pieces
Some crimes and some cases involve a simple story. Question: Mr. Bank teller, what happened January 2nd of last year? Answer: Well, we were robbed, sir. Robbed at gunpoint. Q: Did you get a good look at the robber? A: Yes, I did. Q: Do you see him in the courtroom today? A: Oh, yes, it’s the defendant, I’ll never forget his face. Q: And did your security system get a picture of him? A: Yes, it’s Exhibit 22. There he is, right there.
Podcast - Finding the Truth
Cross-examination is a key part of the U.S. adversarial system, giving defense counsel one of their most important tools to find the truth and challenge the government. But during litigation attorney Dan Small's pro bono work in Uzbekistan, he encountered lawyers with little to no experience with cross-examination at all.
Podcast - Candor Saves Credibility In Courtrooms
Daniel I. Small’s articles from Holland & Knight are most popular: with readers working within the Retail & Leisure industries Holland & Knight are most popular: within Strategy topic(s) The fastest way to destroy a witness' credibility is to let the jury think something is being hidden. Litigation attorney Dan Small draws on the mock trial case State v.
Podcast - Candor Saves Credibility in Courtrooms
The fastest way to destroy a witness' credibility is to let the jury think something is being hidden. Litigation attorney Dan Small draws on the mock trial case State v. Faulkner, used for his pro bono work in Uzbekistan, as well as lessons from the Appling County corruption case, to demonstrate this idea in his latest episode of "The Trial Lawyer's Handbook." Mr. Small explores why credibility is won not by pretending a witness is spotless, but by confronting weaknesses head on.
Podcast - The "Referee" Of The Judicial System
Daniel I. Small’s articles from Holland & Knight are most popular: with readers working within the Retail & Leisure industries Holland & Knight are most popular: within Strategy topic(s) Order in the courtroom determines whether justice can move forward. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the essential role judges play in the adversarial system through his pro bono work in Uzbekistan and the mock case State v. Faulkner.
Podcast - The "Referee" of the Judicial System
Order in the courtroom determines whether justice can move forward. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the essential role judges play in the adversarial system through his pro bono work in Uzbekistan and the mock case State v. Faulkner. Drawing parallels to the Farmers Export and Rendle cases, Mr. Small shows how trial lawyers must balance forceful advocacy with respect for judicial authority.
Podcast - The Jury Is the Audience
In the United States, a trial by jury is a familiar cornerstone of the justice process. In Uzbekistan, however, trials unfold in a different way. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his experience teaching the U.S. trial system in Uzbekistan by walking participants through the fictitious State v. Faulkner case as part of his pro bono work.
The benefits of using an interpreter
Language is so important in any trial. The words, the inflection, how something is said, why something is said — all of that. And so trial lawyers properly debate the pros and cons of using interpreters for witnesses in depositions or at trial. Sometimes it may be absolutely necessary. If the witness has little or no understanding of English, you may have no choice. But what if it’s a close call?
Podcast - Trials Are About Connections
Holland & Knight are most popular: within Strategy topic(s) For trial lawyers, developing core themes is essential to building a persuasive case. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts his pro bono work in Uzbekistan, where he helped educate Uzbek lawyers and judges about the U.S. adversarial justice system. Mr. Small explains how he used the fictional murder case State v.
The benefits of using an interpreter
Language is so important in any trial. The words, the inflection, how something is said, why something is said — all of that. And so trial lawyers properly debate the pros and cons of using interpreters for witnesses in depositions or at trial. Sometimes it may be absolutely necessary. If the witness has little or no understanding of English, you may have no choice. But what if it’s a close call?
The Benefits of Using an Interpreter
Litigation attorney Daniel Small published an article in Massachusetts Lawyers Weekly examining the strategic benefits of using an interpreter for witness testimony in depositions and at trial. Drawing on his experience in the Wallen corruption prosecution, Mr. Small explains how an interpreter can do more than bridge language gaps – helping a witness better understand questions, avoid damaging misunderstandings and maintain composure under aggressive cross-examination.
Podcast - Trials Are About Connections
Dan Small: Welcome to another episode of "The Trial Lawyer's Handbook" podcast. In this episode we will continue discussing the murder case State v. Faulkner and how I used it for my pro bono work in Uzbekistan, as well as reflect on some of the other cases that we have talked about in prior episodes.
Podcast - There's More Than One Way To Win
Holland & Knight are most popular: within Strategy topic(s) In trial work, courage often means pressing forward even when the outcome is uncertain. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues his discussion of the mock case State v. Faulkner and explains how he used it in his pro bono work in Uzbekistan.
Podcast - There's More Than One Way to Win
In trial work, courage often means pressing forward even when the outcome is uncertain. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues his discussion of the mock case State v. Faulkner and explains how he used it in his pro bono work in Uzbekistan.
Podcast - Reflections In The Courtroom: State v. Faulkner
Holland & Knight are most popular: within Strategy topic(s) What happens when an American trial lawyer carries the principles of justice halfway around the world? Litigation attorney Dan Small recounts his pro bono journey to Uzbekistan, where he worked with lawyers and judges seeking to reform a judicial system still shaped by former Soviet Union-era standards that gave judges most of the power. Using the fictional murder case State v.
Podcast - Reflections in the Courtroom: State v. Faulkner
What happens when an American trial lawyer carries the principles of justice halfway around the world? Litigation attorney Dan Small recounts his pro bono journey to Uzbekistan, where he worked with lawyers and judges seeking to reform a judicial system still shaped by Soviet-era standards giving judges most of the power. Using the fictional murder case State v.
All Eyes On The Client (Podcast)
Holland & Knight are most popular: within Strategy topic(s) Trials can be stressful for attorneys, but the experience can be even more overwhelming for clients. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores how to navigate client relationships through the lens of a high‑profile corruption case he handled involving a former state governor. Mr. Small reflects on the ups and downs of the relationship with his client.
Podcast - Not A Level Playing Field
Holland & Knight are most popular: within Strategy topic(s) Trials are human and thus imperfect, and sometimes those inherent imperfections can tilt the playing field before the jury ever hears the full story. Continuing his behind-the-scenes account of defending former Louisiana Gov. Edwin Edwards, litigation attorney Dan Small shares what happens when a case lands in front of a judge with a long memory and an even longer grudge.
Podcast - All Eyes on the Client
Trials can be stressful for attorneys, but the experience can be even more overwhelming for clients. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores how to navigate client relationships through the lens of a high‑profile corruption case he handled involving a former state governor.
With witnesses, trust is key
If you went out to a nearby park, sat on a bench next to a complete stranger, and started asking tough questions about their work, their life, their finances, and their mistakes, what would happen? If you’re lucky, they’d just think you were crazy and walk away. Why are we as lawyers so arrogant that we think we can do exactly that with someone just because they wear the hat of a witness? Ask strangers tough questions and expect them to tell us the truth? You can’t.
Podcast - Victories And "Losses" In The Courtroom
Holland & Knight are most popular: within Strategy topic(s) In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small continues the story of the U.S. Securities and Exchange Commission's (SEC) civil case against internet game company SG Limited, recounting how an initial courtroom win was undone when the U.S. Court of Appeals for the First Circuit reversed the lower court decision against a motion to dismiss.
Podcast - Cases Come In Many Ways
Holland & Knight are most popular: within Strategy topic(s) Sometimes, cases arrive when you least expect them. For litigation attorney Dan Small, one such moment involved stepping into an already high‑profile federal matter. In the latest episode of "The Trial Lawyer's Handbook" podcast series, he recounts being brought in from Massachusetts to Louisiana to represent former Gov. Edwin Edwards in a criminal proceeding.
Podcast - Keeping Your Vessel Stable During Cross-Examination
Holland & Knight are most popular: within Strategy topic(s) In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed, resulting in a credibility contest. Mr. Small shares the strategy he used to successfully cross-examine the other side's expert witness.
Podcast - The Stability In Simplicity
Holland & Knight are most popular: within Strategy topic(s) In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces a new case that illustrates a new strategy for trial. Naval architect Jack Gilbert was accused of selling a boat with stability issues and was sued by the owner of the 93-foot fishing vessel for negligence in federal court in Portland, Maine.
Podcast - Finding Humor In Law
Holland & Knight are most popular: within Strategy topic(s) What happens when the government treats online "play money" like real securities? In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts a civil enforcement action brought by the U.S. Securities and Exchange Commission (SEC) against SG Limited, an early internet stock market game created by programmers overseas that built a large U.S. player base.
Podcast - Not a Level Playing Field
Trials are human and thus imperfect, and sometimes those inherent imperfections can tilt the playing field before the jury ever hears the full story. Continuing his behind-the-scenes account of defending former Louisiana Gov. Edwin Edwards, litigation attorney Dan Small shares what happens when a case lands in front of a judge with a long memory and an even longer grudge.
With witnesses, trust is key
If you went out to a nearby park, sat on a bench next to a complete stranger, and started asking tough questions about their work, their life, their finances, and their mistakes, what would happen? If you’re lucky, they’d just think you were crazy and walk away. Why are we as lawyers so arrogant that we think we can do exactly that with someone just because they wear the hat of a witness? Ask strangers tough questions and expect them to tell us the truth? You can’t.
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