You've prepared your case from every angle. The facts are strong, the exhibits are in order, and your cross-examination is ready to a T. Then, just as the trial gets underway, a witness says something completely out of left field. The opposing counsel introduces a surprise motion. And before you know it, your predictions are moot, and everything seems to be going completely off the rails...
Welcome to life as a lawyer! As we all know, even the best-laid trial strategies can take a left turn. No matter how seasoned you are, trials can unfold in ways you can't predict. The lawyers who thrive under this sort of pressure aren't just prepared—they're adaptable. They know to think on their feet, adjust accordingly, and always expect the unexpected.
Speaking of: if that sounds like a skill you'd like to sharpen, then don't miss our upcoming course "Win at Trial: Expect the Unexpected" in which you can join us live in Philadelphia or virtually from your home office! In this dynamic seminar, renowned trial attorney Thomas Duffy, Esquire, will share invaluable insights on how to anticipate the unexpected in the courtroom and turn challenges into opportunities for success. Hope to see you there!
Now let's dive into how you can prepare to expect the unexpected in the courtroom...
Plan for unpredictability. That almost sounds like an oxymoron, doesn't it? However, simply holding the expectation that plans can go sideways at any moment can help you stay light on your feet.
Courtrooms are controlled environments, but they're still full of people harboring their own experiences, emotions, and reactions. A witness could suddenly become uncooperative and try to change their story. A juror could act out and have to be replaced. Or perhaps the judge takes the case in a completely different procedural direction than anticipated. Maybe the courtroom technology malfunctions mid-presentation, leaving you high and dry (we've all been there at least once)! These unplanned moments can shake even the most confident attorney, unless they've planned for unpredictability and are ready for the pivot.
Build flexibility into your game plan. Don't treat your trial outline as a script, but a roadmap. It's going to give you the general idea of where to go and how to get there, but there might be unplanned stops along the way, or you could veer off onto other paths. You might even get a bit turned around, but you'll make it to your destination in the end.
If you plan only for the perfect version of events, you'll struggle when things go off track. Strong litigators prepare alternative paths and responses, knowing when to redirect, when to pause, and when to dig in.
Practice grace under pressure. The judge and the jurors will be closely watching your reactions to unexpected moments and observing how you handle stress. A poised attorney, even under fire, communicates credibility and confidence. This is a skill you can develop with intention. Even if you're feeling thrown off and seeking to get back on your feet, never let them know that. Stay poised and graceful no matter what challenges are thrown at you.
Know the rules. Your best safety net? A deep familiarity with the rules of evidence, procedure, and courtroom decorum. Such knowledge will allow you to respond quickly and strategically without losing your footing. So be sure to study up!
Did you know? PBI offers numerous e-books to keep you on top of your game when in the courtroom. From Pennsylvania Suggested Standard Civil Jury Instructions to the Pennsylvania Legal Opinion Deskbook, these digital PDFs offer quick searchability for easy reference and annotation during trial preparation. Not to mention, you can take them on the go, downloaded to your phone, tablet, or laptop! Check out our complete library here.
In the courtroom, the unexpected isn't an anomaly...it's inevitable. But with the right mindset and preparation, you can respond with confidence and reassurance.
Ready to go even deeper? If you're excited by the prospect of becoming a pro at planning for unpredictability, then be sure to sign up for "Win at Trial: Expect the Unexpected" taking place both virtually and in Philadelphia. Gain tips on how to navigate disruptive witnesses, manage unexpected rulings, stay composed under pressure, and much more! Don't miss out on this unique opportunity to learn from the best in the field—register now and get ready to take your trial practice to the next level!
