Blog/Trial Practice

What 7 Years on the Bench Taught Me About Winning at Trial

Watching hundreds of trials from the judge's perspective changes how you think about persuasion, preparation, and what actually moves juries.

David R. Drwencke
David R. Drwencke
·November 12, 2024·9 min read

The View From the Bench

Most trial attorneys never get to see what a trial looks like from the other side of the bench. I did — for nearly seven years, in one of the busiest trial-level courtrooms in Michigan.

What I saw changed how I think about trial practice.

What Judges Actually Notice

Judges notice preparation. Not the kind of preparation that shows up in a thick trial binder — the kind that shows up in how an attorney handles the unexpected. The witness who goes off-script. The exhibit that gets objected to. The juror who looks confused.

The attorneys who win consistently are the ones who have prepared for what they don't know, not just what they do.

What Moves Juries

After watching hundreds of trials, the pattern is clear: juries respond to clarity, not complexity. The attorney who can explain a complicated case in simple terms — without condescending — wins more than the attorney who demonstrates mastery of the technical details.

Jurors are trying to do the right thing. They want to be persuaded. They want a framework for making a decision they can feel good about. Your job is to give them that framework.

What Loses Cases

  • Overcomplicating the narrative
  • Underestimating jurors
  • Failing to address the obvious weaknesses in your case
  • Voir dire that doesn't actually reveal anything
  • Opening statements that are really closing arguments

The Practical Takeaway

The best trial attorneys I watched weren't the most technically brilliant. They were the most prepared, the most clear, and the most honest with themselves about what their case actually was.

That's the standard ForVerdict's tools are built to support.

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