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Losing a Trial

Losing a case in trial stings. If you're a real trial lawyer, you don’t pretend it didn’t happen and move on—you study it. You own your role in the outcome. You look in the mirror, break it down piece by piece, and get better. That’s how you grow. That’s how you win the next one.

1. Voir Dire – Did I Pick the Right Jury?
Jury selection isn’t just checking boxes. It’s where you shape the battlefield. Did I truly identify biased jurors? Did I use my strikes where they mattered most? Sometimes you miss a red flag—or worse, think a juror is neutral when they’re silently leaning toward the state. When that happens, the verdict can feel off. But before you blame them, ask: did I get it right during voir dire?

2. Did I Let an Amateur Knock Me Off My Game?
Let’s be honest—some prosecutors showboat. They bring up nonsense, throw mud, or fixate on irrelevant distractions. The trap isn’t their behavior—it’s letting it pull me away from my plan. If I spent time chasing rabbits instead of hammering the real issues, that’s on me. Stay calm. Stick to the script. Don’t let an amateur turn the courtroom into a circus.

3. The Judge – Knowledgeable, Biased, or Just Plain Wrong?
Not all judges are equal. Some are brilliant and neutral. Others are clearly aligned with the state—or just stubborn. But here’s the key: Did I protect the record? Did I object when I had to? Did I cite the case law and preserve the issues for appeal? In this trial, the judge made multiple rulings that were legally incorrect—reversible errors. (In my humble opinion but I am biased) That matters. That’s the kind of thing appellate courts care about. And we’ve got it on the record.

4. Fundamentals – Objections, Law, Courtroom Presence
Winning a trial isn’t always about dazzling theatrics. It’s about discipline. Objections made at the right time. Knowing the law and the facts better than the other side. Telling a story that resonates with the jury. That’s how you win. And sometimes, despite doing all that, the verdict still goes the wrong way. That’s where preparation and integrity come in—because it means the appellate court has something real to work with. Keep it Simple and stay focused.

You Don’t Need a Michael Jordan 78-Point Game to Win
Not every trial needs to be a highlight reel. You don’t need to drop 78 points to secure a victory. Sometimes, like Jordan did so many times, you pass, you play defense, you rebound, you lead. You execute the fundamentals. You play smart, not flashy. You grind it out.

Some trials are war. You work hard, you lay the record, you take the hits, and you do everything in your power to give your client a real shot. That’s what I did here. There are no perfect trials. I made mistakes and will work to be better. I think the the judge’s errors hurt us—if I am correct they will set the stage for a reversal on appeal. Because when the law is on your side, and the record is preserved, justice has a chance to correct itself.

Win or lose, I fight for my clients with everything I’ve got. Always. Its important to work on everything and have honest self reflection.