A Trip to the Big City for This Country Lawyer

Now how on earth can that title possible relate to a jury trial? Well, I’ll tell you. It is necessary every once in awhile to return to the big city for this country lawyer and today’s the day I must go back to the city where I spent most of my adult life practicing law.  It’ll do a fella good to return to his roots, at least for a visit, I tell myself, not really wanting to go to the big city at all. And besides, I might learn something about jury trials while I’m there. You know, it’s easy to convince yourself that you’re right,, even if you’re wrong and the more someone tries to convince you you’re wrong,,, the more right and stronger your views and beliefs become.

I have noticed something about this phenomena for a long time, I just never gave it much thought until now. You see, when you select a jury in Texas, you are really just talking with these new friends you’re about to spend time with. It amazes me that so called “lawyers” with those impressive pedigrees, (you know, the $5,000.00 dollar saddle types) don’t really know much about talking with new friends. I suppose if these “lawyers” talk to their loved ones like they talk to the jury, it’s amazing there is any reproduction of the “lawyer” species at all. But I’ll not talk about sex today, I’ll write about being right even when you’re wrong.

I recently picked a jury in a criminal case where the District Attorney was one of those “lawyers” with an impressive pedigree. In Texas, the government gets to question the jurors before I do. I am watching him question the prospective jurors and I notice he gets to talking faster and faster and his voice goes up an octave or 2. Now usually, I don’t pay much attention to the District Attorney questioning a jury panel, but something perks up my interest. I am intently listening to him drone on and on and on about something that must have been important to his case, because he spends most of the entire time he has on this subject.

When he questions someone about this subject, he asks them to give truthful answers and it surprises him to see that one or more of the jurors give him answers that he doesn’t agree with. Now normally, when someone disagrees with me, in jury selection, I just thank them and move on, but he wouldn’t. He keeps trying to get this young mother of 2 to change her mind,,, to see things the way it can only be seen,, that is, his way. This young mother has the courage to express her views and will not back down from her beliefs. You know, where I’m from, you don’t continue to poke a stick into a bee hive, you just move on. But my opponent apparently doesn’t subscribe to this philosophy, he must have the jury see things his way and agree with him,,, or else.   Now it really gets interesting and I begin to listen intently. This “lawyer” evidently wants to tell everyone who will listen, or is held captive there, that he is right,,, and everyone must see it his way. But I notice that it is backfiring on him. More and more people are disagreeing with him and he just keeps getting more and more frustrated. The harder he tries to convince them, the more they resist. He keeps poking the beehive with his stick and doesn’t see the bees swarming. I sense that people who might take a liking to the government’s position are now beginning to take a disliking to the government’s position. All because the “lawyer” has to prove he is right.

You wonder if this fellow is married,, what must his wife be like? Does she routinely agree with everything he says? Does he do this, (continue to try to convince her he’s right) when he wants to snuggle up at the campfire? That might be the topic of another article, but back to our story. I just continue to watch him lose the case before it’s even started. He’s acting like Chuckwagon Sally before any evidence is heard by those who will judge the case.

I wonder what the young mother of 2 is thinking? Is she one who wants to be included in the jury to express her outrage at the government’s “lawyer”? Will she vote against the government just because of his tactics? Will she have the final say in this argument? I think you all know where the story goes,, but I’ll tell you anyway. The jury returns a not guilty verdict very quickly.

What I learn is this,,, never try and convince someone that their beliefs are wrong and yours are right,, just accept them as they are and for God’s sake, don’t continue to poke a bee hive with a stick. Hope everyone has a nice day,, I’m off to the big city.