Dan Small

June 03, 2020 | Daily Business Review

True witness preparation is an intensive and extensive process that should be done in person, face-to-face. But the current COVID-19 crisis has created a world in which often the preparation, and the testimony or interview itself, must be done remotely.

By Dan Small

8 minute read

January 31, 2019 | Daily Business Review

When we prepare witnesses for direct and cross examination, we often say that testifying is just like playing the game of baseball

By Dan Small and Michael E. Hantman

6 minute read

May 08, 2018 | Daily Business Review

Companies large and small conduct internal corporate investigations every day. These investigations can have many causes: an employee placing a call to the company hotline warning of accounting fraud, allegations of sexual harassment, a grand jury subpoena being served on the company or a whistleblower lawsuit being filed.

By Dan Small and Michael E. Hantman

5 minute read

October 09, 2017 | Daily Business Review

In the Harrison Ford film “Clear and Present Danger,” the drama opens soon after the murder of American businessman Peter Hardin for allegedly stealing $650 million from a drug cartel.

By Commentary by Dan Small and Michael E. Hantman

7 minute read

August 10, 2017 | Daily Business Review

All seasoned trial lawyers have experienced a client being facetious and losing composure. While there's no way to completely avoid this, there is one way to ameliorate it: conduct a realistic and prolonged mock cross examination of your own client. No amount of discussion can fully explain the question-and-answer process. Like anything difficult and unnatural, doing it right takes practice, write Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

6 minute read

May 23, 2017 | Daily Business Review

It sounds trivial, but never forget: if you're trying a case, begin at the beginning. Hollywood never ignores the central narrative. If you're telling a story, your audience must understand it. You never want your audience to feel overwhelmed, lost or confused, or to stop listening. Provide themes and road maps along the way. A long, meandering story—absent thematic threads binding it all together—is often monotonous and boring, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

April 19, 2017 | Daily Business Review

Ethical issues surrounding witness preparation are on full display in one extreme situation: where the lawyer knows the witness lied or plans to lie on the witness stand. But the tug of war between ethically representing clients and protecting the integrity of the judicial system can be more challenging under less dramatic circumstances, write Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

February 17, 2017 | Daily Business Review

Attorneys who call professionals as trial witnesses need to make sure they speak in plain English, avoid picking fights and don't patronize, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

February 02, 2017 | Daily Business Review

When bringing in expert witnesses, preparation and guidance should lead the way, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

January 12, 2017 | Daily Business Review

Preparation is key when corporate representatives are targeted for depositions, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read