“Expect the Unexpected”

In every case we handle there are always moments where certain evidence changes the way the case ends up. Whether it’s a document produced by the defendant which shows they knew what they were doing was wrong or a video tape of your client doing the daily activities they just claimed they can’t. Every lawyer has experienced this moment at least once in their career. Usually this moment takes place during the discovery phase of litigation. That is before the case goes to trial while the parties are still figuring out exactly what happened. However, sometimes this happens when you least expect it. Right in the middle of trial. That’s exactly what happened in my trial last week. Things seemed to be going well until late afternoon on the second day of trial. I had subpoenaed one of my client’s treating doctors to come live to trial to explain to the jury about the injuries my client experienced. When the doctor showed up, he brought with him records no one had ever seen before. He then proceeded to admit on the stand to opposing counsel that he basically committed perjury. Needless to say, things were not going well for my client at this point and no one saw this coming. I spent the entire night trying to figure out how to diffuse the situation and realized that there was nothing I could do. And that’s exactly what I told the jury in closing arguments. There is nothing I could do to change what had happened. At the end of the trial, the jury greatly appreciated my honesty and still compensated my client some for his injuries. Bottom line is you never know what is going to happen and when surprises appear, you better be prepared to think on your feet!