Podcast - Cases Come in Many Ways
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. Mr. Small shares the background of the case and how it ultimately landed on his desk, offering an inside look at a complex legal challenge.
Listen to more episodes of The Trial Lawyer's Handbook here.
Mr. Small is also the author of the American Bar Association (ABA) book Lessons Learned from a Life on Trial: Landmark Cases from a Veteran Litigator and What They Can Teach Trial Lawyers.
Dan Small: Welcome to another episode of "The Trial Lawyer's Handbook." In this episode, we'll discuss my representation of former Louisiana Governor Edwin Edwards in a criminal proceeding. These episodes are based in part on my latest ABA book, "Lessons Learned from a Life on Trial."
I've been fortunate enough, since I went into private practice, to represent some extraordinary high-profile clients. Alas, some of them don't lend themselves to this kind of discussion because of attorney-client privilege and other reasons.
Perhaps the one to linger on is Edwin Edwards, an extraordinary figure in Louisiana and national politics. He first ran for office in 1954 at the age of 27 and last ran for office in 2014 at the age of 87. During those 60 years in public life, his positions included four terms as a congressman, four four-year terms as governor. In the tradition of the great late Huey Long, for many years, he "was" Louisiana politics.
His political legacy encompassed many good things, including spending on human services and education. His intellectual legacy was as a great debater and master of the one-liner. He could and did unshakably define his opponents by his quick one-liners.
His personal legacy was more mixed. Although he was well-liked by many in Louisiana, he also cherished his image as a lovable rogue who teased or crossed ethical lines. He was dogged by various scandals and investigations. Finally, in 1998, he was indicted on federal racketeering and corruption charges, alleging that he illegally took money to help people get state riverboat gambling licenses. The government had wiretap recordings of both Edwin and his son Stephen Edwards, also a lawyer and a co-defendant. Although Edwin had a well-known local criminal lawyer representing him, it was clear the case would be difficult and complex with several challenging federal law issues, including the wiretaps in the Racketeer Influenced and Corrupt Organizations Act (RICO).
Edwin apparently realized that they needed some broader federal experience on the team. So they reached out to Jim Cole in Washington, D.C. Jim was and is a great friend and a great lawyer. We met when we both started at the U.S. Department of Justice, or DOJ, in Washington [D.C.]. We shared a love of music, a sense of humor, shared an office for a while, a sailboat on which we took many adventures. He had prosecuted significant cases in Louisiana before he left DOJ for private practice, so he knew the territory and was known in the area.
Jim came in initially to represent Stephen, so Edwin still had the Louisiana counsel, but as Jim worked with a team in Louisiana, they apparently came to the conclusion that they needed more help and he recommended that they consider me. At the time, I was practicing in Boston. A lawyer who I had known and liked when I was in the U.S. Attorney's Office, Tom Butters, together with a friend of Tom's, John Brazilian, we had founded our own firm: Butters Brazilian and Small. By the way, as you can imagine, with two adjectives and a verb as names, it took some work to get the proper sequence.
We eventually had eight to 10 lawyers, and it was a really great way to practice. My memory may be off a bit on the months, but not by much. As I recall, Edwin's case was set for trial in January in federal court in Baton Rouge, a long way from Boston. So despite some warning from Jim, it was still a surprise when my office phone rang in October, just three months before trial, and it was Edwin Edwards asking if I would come down to Louisiana and take over as his counsel. After some haggling over money and terms — imagine haggling with a world-class haggler — I agreed and I headed south. Stay tuned for more on the case in the next episode.