How to Overcome Unexpected Challenges During a Trial: 5 Quick Tips
Lawyer Magazine
How to Overcome Unexpected Challenges During a Trial: 5 Quick Tips
Navigating unexpected challenges during a trial can be daunting, but it doesn't have to be. This article provides practical tips on overcoming surprise evidence and turning setbacks into strategic advantages. Gain insights from leading experts on how to effectively handle unexpected situations in the courtroom.
- Overcame Surprise Video Evidence
- Turned Surprise Evidence Into Liability
- Protested Surprise Witness Testimony
- Neutralized New Evidence Quickly
- Turned Setback Into Strategic Advantage
Overcame Surprise Video Evidence
During a personal injury trial involving a car accident, we faced a challenge when the defense introduced a surveillance video filmed by a hired private investigator during cross-examination of our client, the plaintiff. The video purportedly showed our client engaging in physical activity--lifting groceries--which the defense would argue contradicted the plaintiff's testimony about her severe mobility limitations due to a back injury sustained in the crash.
In our view, the video captured a rare, necessity-driven moment of activity, not a typical day, and our client had been in significant pain afterward. So, in response, we recalled our medical expert to explain how adrenaline or desperation (e.g., needing food for her family) could temporarily override pain, consistent with the injury's diagnosis--reinforcing the plaintiff's honesty rather than deceit.
Meanwhile, during cross-examination of the defense witness who introduced the video (a private investigator), we probed the context: "Was this the only footage you took? How many hours did you surveil the plaintiff? Did you capture the plaintiff collapsing in pain afterward?" This exposed the video as a cherry-picked snippet, not a full picture, and highlighted the investigator's bias. Our strategy preserved the plaintiff's credibility and kept the jury focused on the crash's impact rather than a single misleading video clip.
Turned Surprise Evidence Into Liability
A trial can change in an instant. One case stands out--a personal injury trial where the defense introduced surprise evidence that wasn't disclosed before the trial. They expected confusion. They got the opposite.
Instead of objecting immediately, I let them present their argument. Then, I stood up and dismantled it piece by piece. First, I pointed out their failure to disclose, putting the judge on alert. Then, I cross-examined their expert, exposing contradictions between their testimony and prior statements. The jury saw what was happening. The defense wasn't playing fair. That moment shifted everything.
Juries don't trust deception. They respect preparation and confidence. By staying calm and thinking quickly, I turned their surprise into a liability. The judge struck the evidence. The jury returned a verdict in our favor.
Trials test everything--your preparation, instincts, and ability to act under pressure. A strong case matters, but adaptability wins cases. If you're not ready to respond in real-time, you're already losing.
Protested Surprise Witness Testimony
A trial can change in a matter of seconds. In one DUI case, the prosecution brought on an undisclosed witness--a person who supposedly witnessed my client driving drunk before arrest. This witness was not disclosed in the discovery, which breached procedural fairness. If it was admitted without opposition, it would influence the judge.
I strongly protested, citing that the surprise witness was taking away my client's right to a fair trial. The judge granted a short recess. Having little time, I scanned through the available evidence, such as surveillance videos and police reports. The timestamps did not match the witness's statement. During cross-examination, I pressed for details, exposing contradictions that weakened the testimony. The judge ended up giving it minimal consideration.
Protecting against surprise attacks is more than being prepared. It involves the capacity to respond swiftly, counteract abusive strategies, and employ all lawful means at your disposal. A case is not won by a knowledge of law--it is won by applying law at the critical moment.
Neutralized New Evidence Quickly
During a trial involving complex international contractual obligations, an opposing counsel unexpectedly introduced new evidence attempting to shift liability significantly. With little time to respond, I immediately objected, requesting a brief recess to thoroughly review the document. Utilizing the recess efficiently, I quickly identified discrepancies within the new evidence and formulated a concise argument highlighting its irrelevance and procedural impropriety. Upon resuming, I presented my findings clearly and persuasively, successfully neutralizing the opposing counsel's unexpected move. This experience underscored the importance of staying calm, resourceful, and vigilant, always prepared to pivot swiftly and effectively in the courtroom.
Turned Setback Into Strategic Advantage
During a product launch event, a key speaker canceled last minute, risking momentum and media coverage. I quickly adapted by repurposing existing content into an engaging live Q&A session, positioning it as an exclusive, behind-the-scenes look. This shift not only maintained audience engagement but also created an authentic, interactive experience that strengthened brand credibility. By staying composed, leveraging available resources, and reframing the situation as an opportunity, I turned a potential setback into a strategic advantage.
