Trial Magazine

Trial is mentally and emotionally taxing. As trial lawyers, we know how all-consuming it can be. We’re told to avoid burnout, to stay grounded, and to take care of ourselves. But with-out a plan, the pressure can take over—and we forget what we already know.

We also become so used to the highs and lows that we forget our clients are experiencing it all for the first time. Most aren’t prepared for the stress and unpredictability of trial. The last distraction you need is a client spiraling under pressure.

In my experience, preparing for the mental and emotional demands of trial is just as important as legal preparation. A clear mindset—for both lawyer and client—can make the process smoother and the out-come stronger.

Focus on what you can control. I once read a posttrial juror survey where a panel member admitted they disliked the losing attorney because of his “ugly shoes.” I didn’t ditch my comfortable slip-ons for a pair of Christian Louboutins, but it reminded me how much is outside our control.

We’re not Gordon Bombay—the fictional attorney in the 1992 movie “The Mighty Ducks” who never lost a case. We don’t win every trial. Plaintiff lawyers know that we can do every-thing right and still lose. To a client, anything less than a perfect result can feel like a loss—or even worse, personal failure.

That’s why you and your client need to understand what is within your control—your prepa-ration, your strategy, and your mindset. You can’t control bad facts, unfavorable law, or a skeptical factfinder. If you focus on what’s outside your control, you’ll end up second-guessing everything, including your footwear.

Yes, reflect on the result. But judge your success by your process and execution, not just the verdict. Agonizing over a tough loss won’t help you win the next case—and it won’t help your client move forward.

Trust your process and stay adaptable. Confidence doesn’t mean stubbornly sticking to a strategy that isn’t working. Trust your process, but make sure it leaves room for your instincts.

At my first trial, my team planned for me to ask a specific question on cross. In the mo-ment, my gut told me not to ask it. I asked it anyway, and the answer hurt our case. Later, I asked a more experienced colleague, “I should have cut that question, right?” and he replied, “Yep.” I had the right instincts—I just didn’t trust them.

Your client also needs to understand that adapting during trial doesn’t mean you’re losing the case or abandoning your strategy. Some clients may panic when plans change. But if they know in advance that flexibility is part of the strategy, they’ll be more likely to trust your judgment in the moment.

Give the client a role. When I taught seventh grade English, the students most likely to act out were often bored or anxious. Giving them a job—something small but meaningful like passing out papers or leading a discussion group—redirected that energy and helped them engage.

Trial isn’t so different. We know our role, but many clients don’t know theirs. If they think they’re just supposed to sit anxiously while you work, that’s a recipe for trouble. You know your client. If you think they might get overwhelmed or overstep, give them a task.

In complex cases, I often ask clients to jot down anything they don’t understand. That keeps them engaged, gives them something constructive to do—and helps me identify what might confuse the factfinders, who, unlike me, haven’t been immersed in the case for months.

Make time to recharge. It’s easy to lose yourself in trial and forget to breathe. Some law-yers pride themselves on working around the clock, but I’ve seen that backfire.

Of course, we need to sleep. But we also need moments during the day to rest—whether it’s a workout, a phone call with family, or eating a decent meal instead of scarfing down bad hotel food for the nth straight night. These breaks make us more efficient and prevent the spiral of fatigue and anxiety that drains our brains when we need to be our sharpest.

Your client needs this, too. After a long trial day, do they sit alone and stew? That doesn’t help them or you. Even if the case has required them to put their life on hold, they should know it’s OK—and necessary—not to dwell on the case 24/7. Helping your client manage themself means less emotional fallout for you to handle at trial.

When you’re deep in trial mode, it’s easy to forget that you already know all of this. Taking time to prepare for the emotional and mental demands helps prevent them from becoming distractions—and lets you focus on what matters most.

Ben Bauer is an attorney with Nichols Kaster in Minneapolis and can be reached at bbauer@nka.com.