Les Jones

Misc > Beldar Reflects on What it's Like to Lose a Trial

Beldar reflects on a recent trial he lost. I thought this was interesting:

By the time a lawyer has tried a case to a jury verdict, his or her objectivity has almost always been thoroughly shredded. When I sat down after my final chance to talk to this jury — after my rebuttal to the lead defense lawyer's closing argument — I was absolutely, positively "drunk on my own fumes" and convinced we were about to win a big one. In hindsight, I was obviously very, very drunk on my own fumes, to the point of hallucination; but that's actually entirely normal by that point in a case. It takes enormous effort and discipline to try to maintain (or recapture) any objectivity. In fact, when the stakes permit one the luxury, it's a great idea to have "shadow" or "standby" counsel for your team (maybe a senior lawyer who's been brought in at the last minute) mostly observing from the sidelines with the express instruction and intention not to breath your side's fumes! Which is to say that I can't fully trust my own observations about this particular trial yet, and I'm likely to be somewhat more objective in, say, another year or two thinking back about it than I am now, while the wounds are still oozing.