Day 4 went terrible. I was about to pack it in and merely show up with no effort for the rest of the trial. I mean, it was over. I went to the plaintiff’s house, and met with her and her mom and dad. They tried to keep a good front. I half-heartedly tried to prepare client and her mom for direct examination. Molly broke down half way through and ran upstairs where I heard her sobbing. “We’re gonna lose” she said between sobs. Loud, hysterical sobs. Her family could not console her, and I could not do much more that night anyway. I went back to my apartment and drank some tequila (for medicinal sleeping purposes only) and crashed.
Slept from 11:30 pm — 4:30. Got up and prepared for another hard day. I almost did not notice the clock. I grabbed most of my shit ran out the door, getting to court only 5 minutes before we were to begin.
Day 5 of trial started out great! The jury had to listen to a 2 1/2 hour audio-video of one of my experts. My direct lasted 20 minutes. For the next two hours they had to listen to the defense attorney asking the same dumbass questions over and over and over and over again. (I had to fight to stay awake and in fact dozed off for a few seconds on more than one occasion. But the bailiff had dimmed the lights so I don’t think the jury saw me.) When we took the deposition over a year ago, it seemed as though it went poorly. But listening to it yesterday in front of the jury, it sounded good. Our expert held up, and the defense attorney sounded like a blustering fool.
During a break my client Molly’s dad, who is also a lawyer, took she and I into a conference room and gave us a pep talk. We are not dead yet was the gist of it. Molly’s mom testified next. She did ok. I started to have hope. Then Molly testified. I know her. I had prepared her for many hours. She was to be the star witness. As she testified, I thought the wheels came off. She started bawling, and I swear she seemed not to have any tears. I was several feet away, but I thought it was fake. I know she has been severely injured and her life altered permanently, but she might have screwed up our case if the jury thinks she was faking it.
Her father used to be in the same law firm as me. He and I worked together for 15 years. I knew her slightly since she was 10 years old (26 now). I told her not to exaggerate, but I think she did. If she did, I think we are toast. I went back to my room, got drunk slightly tipsy and crashed at 8:00 pm and woke up at 3:00 a.m. That was the most sleep I’ve gotten since arriving here.
So I am right back where I was after day 3 of this roller-coaster ride of a trial. Hopefully, it will all be over today, one way or another. I have to prepare my closing argument and a couple of cross-examinations, and then move out of my hotel room. Trial can’t go over into tomorrow, I’m out of clean underwear and have no place to sleep tonight…
John nearly dead Doe