Overview

Dan Small is a partner in Holland & Knight's Miami and Boston offices. He practices in the area of litigation, focusing on witness preparation, dispute strategies, 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.

Since 2013, Mr. Small has worked pro bono with lawyers and judges in Uzbekistan on reforming their judicial system and Rule of Law issues. This has included conducting workshops there on trial advocacy, speaking at public events and lecturing at Tashkent State University of Law. He has also spoken on Rule of Law issues with groups from Turkey and Russia.

Mr. Small has written several books on litigation for the American Bar Association, including Preparing Witnesses, Going To Trial and Lessons Learned from a Life on Trial, that are used in CLE programs he gives throughout the country. He was a Lecturer on Law at Harvard Law School. He is also a frequent television, radio and newspaper commentator, as well as the host of Holland & Knight’s Powerful Witness Prep Podcast Series and The Trial Lawyer's Handbook Podcast Series.

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 government regulation, healthcare entities, education institutions, financial institutions and others.

Representative Matters

  • Successfully defended former Virginia Governor Bob McDonnell during the investigation, trial and appeal. After the U.S. Supreme Court issued a unanimous decision vacating the convictions, the Department of Justice dismissed all charges against the Governor.
  • Representing private equity firm against clawback claims for fraudulent transfer on one of its investment redemptions
  • Counsel in a prominent SEC internet fraud case
  • Special Counsel to the Rhode Island Ethics Commission
  • Special Counsel to the Massachusetts House Ethics Committee
  • As General Counsel to a publicly traded healthcare management firm, oversaw in-house legal and risk management staff, outside counsel, PLI and other litigation, facility, entity and physician contracting
  • Outside General Counsel to a group of long term care companies
  • Lead defense counsel for former Louisiana Governor Edwin Edwards

Credentials

Education
  • Harvard Law School, J.D.
  • Harvard College, B.A., cum laude
Bar Admissions/Licenses
  • Florida
  • Massachusetts
Memberships
  • Regional Dialogue Advisory Council, Slovenia and Uzbekistan
  • Litigation Counsel of America, Senior Fellow
  • American Bar Association, Criminal Justice Section and former Vice Chair, White Collar Crime Committee
  • The Florida Bar
  • Massachusetts Bar Association
  • Federal Bar Association
  • American Health Lawyers Association
Honors & Awards
  • The Best Lawyers in America, Criminal Defense: White-Collar, 2013-2025
  • Massachusetts Super Lawyers magazine, 2018-2020, 2022, 2023
  • Holland & Knight Pro Bono All-Star, 2020, 2021
  • Guide to the World's Leading White Collar Defense Lawyers, Legal Media Group's Expert Guides, 2015
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Multimedia

Trial Lawyer's Handbook Episode 65 Playback Button
Podcast - The Witness Outline
TLH Episode 64 Multimedia Graphic
Podcast - Crafting Winning Strategies: Theories and Themes in Trials
Trial Lawyers Handbook
Podcast - Living Without Feedback
The Trial Lawyer's Handbook: Are Real Trials Just Like the Movies?
Podcast - Are Real Trials Just Like the Movies?
TLH Episode 61
Podcast - Borrowing and the Art of Trial Advocacy
Multimedia-Trial Lawyer's Handbook Ep. 60
Podcast - Trial Advocacy in the Modern World
TLH Ep 59 Multimedia Graphic
Podcast - This Extraordinary Process Called "Trials"
TLH Ep.58
Podcast - Storytelling in Closing Arguments
Trial Lawyers Handbook
Podcast - In Closing Arguments, Don't Forget to Ask
Podcast - Getting Rid of Clutter in the Closing Argument
TLH Episode 55
Podcast - The Basic Rules for Closing Argument
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Podcast - Closing Arguments: Focus and Organization
TLH Ep. 53 Multimedia
Podcast - Closing Argument: Opportunity and Challenge
Podcast - How to Make Clear, Quick and Effective Objections
Trial Lawyers Handbook
Podcast - More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - The Ten Commandments of Cross-Examination
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Podcast - Refresh vs. Impeach: Know the Difference
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Podcast - Impeaching with a Deposition
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Podcast - Cross-Examination of Expert Witnesses
The Trial Lawyer's Handbook Ep. 45 - The Three C's of Impeachment
Podcast - Cross-Examination: The Three C’s of Impeachment
Dan Small Podcast
Podcast - Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
The Trial Lawyer's Handbook Episode 43 - Cross-Examination: Finding Control
Podcast - Cross-Examination: Finding Control
TLH Episode 42 Still
Podcast - Cross-Examination: Don't Argue - Elicit Facts
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Podcast - Cross-Examination: Asking the Right Leading Questions
The Trial Lawyer's Handbook Ep.40 Still
Podcast - Cross-Examination: The Importance of Organization
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Podcast - Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
Podcast - Cross-Examination: Basic Approaches
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Podcast - The "Why" of Cross-Examination
Podcast - Basic Points to Consider in Redirect Examination 
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Berkeley Unified Superintendent Set to Testify Before U.S. House Education Panel
Trial Lawyers Handbook
Podcast - Direct Examination: Offering Exhibits
Podcast - Direct Examination: Looping and Bookending
Trial Lawyer's Handbook Ep. 33 Still
Podcast - Direct Examination: Getting Rid of Clutter
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Podcast - Direct Examination: Asking Questions in the Right Order
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Podcast - Direct Examination: Controlling a Friendly Witness

Publications

Speaking Engagements

News