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Tag Archive for: Litigation Life

From Horns of a Dilemma to Running the Table: Lessons from the Trial Trenches

July 10, 2025/by Scott Key

This story begins with me squarely on the horns of a dilemma.

My then-boss and mentor taught me a great deal—but also carried a drinking problem that manifested in his reluctance to work afternoons. As a result, I was frequently placed in an awkward and precarious position.

The routine would unfold like this: the partner’s paralegal would tell me I was covering court that afternoon. What that actually meant was showing up, opening a file whose discovery packet was still bound by the original staple it arrived in—and picking a jury for a criminal trial.

Suddenly, I’d be standing in front of a judge, expected to select jurors and begin trial. The dilemma was clear: I couldn’t possibly deliver constitutionally effective representation under those circumstances. But telling my boss and mentor “I refuse to go forward” was far easier said than done.

Most days, either a settlement was reached or the judge would understand how untenable the situation was. But I knew I was on borrowed time. Sooner or later, I’d be ordered to proceed—unprepared—or risk losing the job I mostly liked.

So I took a systematic approach.

I approached the prosecutors and judges in the court where this was happening the most and proposed a deal: identify five aging cases they truly wanted resolved. They gave me five for the next month’s calendar, and I spent that month preparing thoroughly using everything I knew—and quite a bit I learned on the fly. This step-by-step guide to criminal defense preparation covers much of the practical process I had to internalize quickly.

Then trial week arrived.

  • Monday: Picked a jury in a DUI case—won an acquittal.
  • Tuesday: Picked another DUI jury—by Thursday morning, scored a second acquittal.
  • Later Thursday: Picked a jury for a family violence battery case. A witness was unavailable, and the case was dismissed.
  • Friday: The final two cases were disposed of—one dismissed, the other resolved with an exceptional plea offer.

In about four days, I’d run the table.

That week taught me a masterclass in big-picture thinking, creative problem-solving, rapid trial preparation, and the art of thinking on your feet. (For a broader view of the full arc of trial readiness—from evidence review to courtroom strategy—this complete guide to trial prep mirrors much of what I had to master under pressure.)

My boss, never short on hubris, was quietly pleased. Judges were thrilled at the cleared docket. Prosecutors were…less thrilled. Let’s just say they weren’t expecting to get steamrolled.

After that, I was thrown into chaotic trial situations far less frequently. Instead, I began to be tapped as second chair in higher-stakes cases. And despite the dysfunction that led me there, I’ll never discount my boss’s raw trial talent.

Fast forward to the present: I’m transitioning into civil trial defense, where trials are far rarer. But my love of the courtroom endures. After decades of litigation—countless trials, motions, and hearings—I still find the lectern of a courtroom to be one of the most peaceful places on earth.

This post marks the beginning of a blog series: What Criminal Defense Taught Me About Being an Effective Civil Litigator. For those curious about how strategic thinking translates into civil litigation, this overview of civil trial strategies serves as a solid starting point.


🧠 Lessons Learned

  • Systematic preparation can rescue you from chaos.
    Turning disarray into a defined trial calendar transformed my circumstances.
  • Relationships with judges and prosecutors matter.
    Building goodwill gave me the space to propose and execute my plan.
  • Trial practice teaches strategy under pressure.
    Thinking fast and adapting on the fly are skills you only sharpen in the trenches.
  • Even dysfunction can offer growth.
    The flawed situation catalyzed significant development in my courtroom skills.
  • Winning cases builds momentum—and credibility.
    That week shifted perceptions and elevated my role within the firm.
  • Peace lives in mastery.
    Amid personal and professional chaos, the courtroom lectern remains my place of focus and calm.
/wp-content/uploads/SK-Logo-Black-White.png 0 0 Scott Key /wp-content/uploads/SK-Logo-Black-White.png Scott Key2025-07-10 12:57:492025-07-10 13:04:15From Horns of a Dilemma to Running the Table: Lessons from the Trial Trenches

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