From Lawyers, Judges & Semi-Rational Beasts (2020)
On why the idea of the lawyer as an amoral technician debases everyone who embraces it.
Continue readingAbout
How I think about practicing law
I love my work. At its best, lawyering brings together intellectual rigor and creativity, moral seriousness, and caring, to end in practical help for someone who has been hurt.
Experience
Career foundation
More than 20 years in complex litigation at the trial and appellate levels. Georgetown Law, then two years working for trial and appellate judges in Washington, D.C. and on the federal Eighth Circuit Court of Appeals.
Large-firm and plaintiff-side work
Eight years at Boies, Schiller & Flexner in New York, a major commercial litigation firm. Five years with a plaintiff-side insurance bad-faith firm. Five years with a leading medical malpractice firm, where I served as managing partner. Then this solo practice.
Writing and teaching
Author of Lawyers, Judges & Semi-Rational Beasts (2020), a book on persuasion, judgment, and legal decision-making. Co-taught a medical malpractice masterclass in 2023 with Lloyd Bell. Articles and podcast appearances on persuasion, trial strategy, and case analysis.
Built for serious matters
The practice is structured for a small number of substantial matters at a time, so the strategy, analysis, and written work are handled entirely by me.
Why this practice is built for depth
Most firms are built for volume. Support staff or junior lawyers do the day-to-day work, and the lead lawyer steps in at the big moments. Big-Law teams spread research and drafting across many lawyers so the lead partner can act as strategist and manager. Both models fit certain cases.
This practice is built the other way. I take a small number of substantial matters at a time and do all the work on each one myself: the strategy, the analysis, the writing, the depositions, the trial. That suits cases that need close lawyer attention and careful thought from beginning to end. It does not suit routine matters, or cases that need a large internal team.
A small caseload means I sometimes decline cases I would like to take. It also means that, while I run a solo practice, I am not isolated: I keep a small network of experienced lawyers to bounce ideas off and pressure-test my thinking.
- Volume practicesThousands of routine cases; staff do most of the work.
- Big-Law teamsMassive cases; many lawyers working in parallel.
- This practiceA few serious cases; one senior lawyer doing everything.
Excerpts from past work
What others say about working with meFrom a brief using a defendant's gamesmanship against the defendant
On the shocking amount of dishonesty the legal culture has come to accept, and how to hold a party to it.
Continue readingFrom a motion to sanction a medical expert and the lawyers and litigants who sponsored him
On civility, accountability, and a defense expert whose trial testimony contradicted the Code Blue record.
Continue readingFrom a brief asking the Utah Supreme Court to reverse a century of its precedent on sovereign immunity
On combining analytical rigor with emotion when the request is large and the odds are slim.
Continue readingFrom a brief challenging 15 years of how Georgia courts and lawyers understood the "Emergency Medical Care" standard
On group-think, first principles, and an argument that had gone unnoticed for over a decade.
Continue readingWhat others say
What lawyers say
“If I needed a lawyer, I would call Dan first. No one surpasses his strategic thinking, no one has better judgment, no one cares more about the welfare and fortunes of his clients. Dan is as good as it gets in the legal profession.”
Mauricio Gonzalez, Senior Regulatory Counsel, GE Capital
“an elite legal writer and formidable trial advocate”
Lloyd Bell, member of the Inner Circle of Advocates
“a high level of skill in a wide variety of settings”
Robert J. Dwyer, Partner, Boies Schiller Flexner LLP
What clients say
“His knowledge of the law and his dedication to my case was unequaled. I put my trust in Dan Holloway — I’m glad I did!”
Patricia W., client
“He spent many hours researching the details of our case and I felt a genuine and personal interest from him in obtaining the truth.”
Janet L., client
“If you’re looking for an attorney who is knowledgeable, patient, and empathetic, attorney Dan is your guy.”
Henry S., client
What expert witnesses say
“I have provided medicolegal reviews for plaintiffs and defendants for over 30 years. Dan Holloway has always exhibited the highest integrity, diligence, and persistence.”
Dr. Peter Mowschenson, surgeon, Harvard Medical School & Beth Israel Deaconess Medical Center
“As an expert witness, I have worked with approximately 35 attorneys on both sides. I have found Dan Holloway to be extraordinarily diligent in ascertaining all the facts and stating them honestly. His integrity is above reproach and he truly cares about his clients.”
Alan Markowitz, MHA, Ph.D., FACHE
“As an expert witness, I have been retained by several dozen attorneys. Holloway’s intelligence, diligence, and thoroughness were immediately apparent. He listened attentively, asked insightful questions, and built a compelling case. He is a standout attorney.”
Dr. Howard Steinman, Mohs Surgeon and Dermatologic Surgeon
Start with a short summary of what happened.
A few clear paragraphs are enough for a first message. I read every inquiry myself. Sending one does not create an attorney-client relationship.