It is very easy to become discouraged during a trial by something that goes wrong. But, it is important to remember that each witness, each event and each day is no more than a series of battles and not the war itself. If you let one thing that went wrong demoralize you, you are beaten. Maintaining confidence while seeing the problem is essential to winning cases, because no case goes in perfectly or exactly as you wanted it to be presented.
The Roman army was noted for "Roman persistency." It would never accept peace offers under defeat. In their glory days the Roman army was unconquerable because while they might lose a battle or even a campaign, they never quit by accepting it as a total defeat. They wore their enemies down by never quitting.
With common sense, that should be our attitude during a trial. Perhaps things didn’t go the way we planned or the witness turned out to be a disaster, nevertheless, we cannot show our disappointment and give up. We should be truthful with the jury or judge about what was obvious to them and not pretend it didn’t happen. However, we must not let that event be the end of our case either.
If our original cause was right and our client entitled to justice, we must plow ahead come what may with courage and determination. Jimmy Buffet wrote a song in 1978 "Cowboy in the Jungle" that has a chorus that expresses this well:
"Roll with the punches
Play all of his hunches
Make the best of whatever came his way
What he lacked in ambition
He made up with intuition
Plowing straight ahead come what may"
That should be our attitude during trials.
- STORY TELLING AS PART OF OUR TRIAL TOOLS
- OPENING STATEMENTS THAT WORK
- HOW TO DEAL WITH PERSONAL ATTACKS & NEGATIVE ISSUES IN TRIAL
- REPRESENTING CLIENTS WITH INJURY TO VISION
- A PRIMER OUTLINE OF IMPORTANT BASICS OF TRIAL CONCEPTS
- MARK D. SWENDSEN, SR & THE SECRETS OF SELLING DONALD TRUMP
- THE MAGIC OF WRITING ON PAPER, RE-FRAMING OBJECTIONS & JOINING THE JURY TRIBE
- BETRAYAL, NOT MISTAKE, IS THE ESSENTIAL MESSAGE FOR WINNING NEGLIGENCE CASES
- JURY SELECTION AND THEME IDEAS FROM ERIC OLIVER
- ALAN ALDA’S ADVICE FOR BETTER COMMUNICATION SKILLS
- TWO SUGGESTIONS ABOUT BEING A BETTER TRIAL LAWYER
- PERPETUATION OF TESTIMONY OF A DYING CLIENT
- THE “GOLDEN MOMENT” ACCORDING TO JIM McELHANEY
- GEORGE LAKOFF ADVICE FOR PLAINTIFF TRIAL LAWYERS
- GREAT TRIAL LAWYERS ARE CONTINUAL STUDENTS
- HUMAN NATURE: “FACTS ARE WHITE NOISE & EMOTIONS RULE” & WHY WE CONTINUE TO BELIEVE OBJECTIVELY FALSE THINGS
- HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT