Jury trials are scary.

But, the first years of my career (an experience I treasure), they were few and far between (and, I was never higher than 3rd chair).    I recently took a position at Miller & Zois, where I have the opportunity to get into the courtroom with more regularity, and more responsibility.  My first “1st-chair” trial was about a month ago–a slip-and-fall case against the State of Maryland.  Everything went right–my opening and closing PowerPoint presentations went off without a hitch; my client did a terrific job of presenting the difficulties she encountered with her broken ankle; and the most frightening part of all–cross-examination of the defense public safety officer, went surprisingly well (maybe something to do with the fact that he was medicated and seemed a little out of it…).  That trial was a resounding win for my client, and I thought, “I can get used to this.”

So, on the heels of my 100% win ratio, I had my second jury trial in Baltimore County this week.  Completely solo.  A motor tort case, it seemed to go well, overall.  My client did well on direct, and I thought he held up very well during cross-examination, despite taking hits for “inconsistencies” in his deposition testimony and medical history.  Then, the jury who had been giving us the evil eye the whole trial was stricken as the alternate, and deliberations began.

25 minutes later, we had our answer–injuries were caused by defendant’s negligence, client was awarded zero for past meds (out of $4,500 requested), $360 for miscellaneous property damage (full amount requested), and zero for non-economic damages (we certainly asked for more than that!).  The jury’s message seemed to be:  ”We think your client is faking his physical injuries.”  It was a little surprising, especially after the judge privately told counsel that she thought he came off as very credible and “not your usual auto plaintiff.”

Of course, friends are supportive in times like this.  Some told me the case had problems, and wasn’t destined to be won.  My senior partner, infinitely more experienced at this than I am, e-mailed me after the trial and said, “Win some, Lose some.”  It’s true, but it doesn’t make it any easier.  You have to believe there’s something you could have done differently, some turn of phrase or some additional witness, who could have brought a better result.  Otherwise, what are the lawyers for?

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