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"I learned a great deal about trials from the lawyers that I worked with in the US Attorney's Office that summer, and from many mentors and experiences since. But perhaps the most important thing I learned, is that if one really wants to be a trial lawyer, it's just not something that can be learned from a book, or in a classroom. Certainly, those things can help, and I have been fortunate to teach trial practice courses at Harvard and elsewhere around the world. But true trial practice comes mostly from watching, listening, asking questions, practicing, and doing it-with all of the triumphs and tragedies that go along with trial work. Nowhere is the phrase "practicing law" more accurate than in trial work, where we spend a lifetime learning and practicing, on a journey without an endpoint"--
About the author
Daniel I. Small is a partner with the firm of Holland & Knight in Boston, MA. He practices in the area of litigation, focusing on witness preparation, government and internal investigations, white-collar criminal law and complex civil litigation. He has extensive investigation, jury trial and other litigation experience. Prior to entering private practice, Mr. Small was a prosecutor for the U.S. Department of Justice, during which time he tried RICO, corruption, financial and regulatory cases. Mr. Small received various awards and commendations for his work. He also was General Counsel for a publicly traded healthcare management firm, where he oversaw in-house legal and risk management staff, outside counsel, litigation, compliance, and facility, entity and physician contracting. Mr. Small has written several books on litigation for the ABA, including Preparing Witnesses and Going To Trial, that are used in CLE programs he gives throughout the country, and was a Lecturer on Law at Harvard Law School. He is a frequent television, radio and newspaper commentator. Mr. Small has represented witnesses, plaintiffs and defendants in a wide range of internal and external investigations, administrative proceedings, and civil and criminal litigation. These have included issues relating to healthcare entities, education institutions, financial institutions and others.
Summary
The word "trial" comes from the 12th Century Gallo-Roman triare, meaning, "to separate out (the good) by examination." Lessons Learned from a Life on Trial: Landmark Cases from a Veteran Litigator and What They Can Teach Trial Lawyers attempts to entertain, explore, and share lessons from this process of examination. Throughout many of these stories and lessons learned, run three general Core Themes:
- Know your court.
- Tell your story.
- Do the right thing.
