I finished up a trial this week. As a trial lawyer, I’m happy to report that I love trying cases. Many but not all of my adversaries do as well, and it is pretty obvious by observation of the trial who enjoys it and who detests it. In many ways, 99% of what we do as trial lawyers is just preparation for the trial. So when we finally get to trial, I cannot help but be excited about it and generally grateful for the chance to advocate for my clients’ cases.
Something that everyone should remember is that trial law is art, not science. No one actually knows exactly what is going to happen, precisely what rulings will be made, assuredly how the judge or jury will receive and react to evidence. For me, a trial is an exercise in split second decision making, designed to best present my clients’ cases in a persuasive way. In a complicated case, there are dozens of these decisions to be made, all strategic and all capable of materially affecting the ultimate outcome. We do not have crystal balls, but we do our best.
I tried my first case in 1992 and I have tried many since in many different venues. Every trial has provided a result for my client. But for me, every trial has also provided a learning experience, an opportunity to hone my skills, test my judgment, pick up techniques from other skilled advocates, and develop my craft.