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FROM THE EDITOR
A Tale of Two Trials In October, I had the chance to serve as lead counsel in two jury trials in the same month. (As this publication and others have documented at great length, this was a rare opportunity for a civil litigator in the twenty-first century.) The trials themselves could not have been any different. However, they both served to remind me of the challenges and privileges of practicing law. One trial involved an eight figure damages claim arising from a large utility plant construction project. This trial was conducted in the recently remodeled and updated United States Courthouse in Waco. The art deco building is outfitted with two mammoth courtrooms, with all of the technology innovations that allow for multi-media presentations to jurors and the court. The case involved multiple parties. The plaintiff’s trial team consisted of at least four lawyers each day. My co-defendant’s trial team had five lawyers, from no less than three law firms. Both of these groups had their respective clients’ general counsels observing the trial each day. (My client, for reasons of strategy, had only myself.) The case was tried for four weeks, with virtually each night bringing new trial briefs, motions, and exhibits over the email. I learned to become an expert in making the hotel desk chair comfortable, and hoped that my family and law firm would remember me when it was over. The second trial involved a truck driver, the employee of a corporate client, who had been cited by a state trooper for alleged inaccuracies in shipping documents for hazardous materials. It was tried in the Robertson County Courthouse’s county court at law courtroom. The courtroom could almost have fit into the jury box at the U.S. Courthouse in Waco. The opposing counsel was an assistant district attorney representing the State of Texas. The case was tried, including jury selection, in less than one full day, which happened to be Halloween. The holiday loomed over the closing arguments as each side made plays on the phrase “trick or treat,” and the jury was relieved to know the trial was not expected to interfere with taking their kids out in costume that evening. Interestingly, a large percentage of the venire pointed out that they attended church with the state trooper in Franklin, the county seat. What was striking about both experiences was the general sense of enthusiasm that the respective jury panels had for their service. The vast majority were willing to serve, even in Waco, where the Court was frank about the length of time they were expected to serve. One juror in that trial, a mother of small children whose husband was overseas in Iraq, declined to be excused from service so long as her child’s school was given the phone number to the judge’s chambers for emergencies. The jurors in Robertson County, with only scattered exceptions, did not begrudge that my client had exercised his right to a jury trial over what some would consider a mere traffic citation. These citizens reminded me that I am very fortunate to be a lawyer and have the opportunity to be on the front lines of participatory democracy. Moreover, while the two courthouses were different, neither can be closed by executive fiat, which has happened to our fellow lawyers in some countries. This issue of The Houston Lawyer is one devoted to a variety of topics. I hope you enjoy the issue. We appreciate your comments, critical or otherwise, so please do not hesitate to share your thoughts on our publication. We aim to make the publication a valuable part of your membership in the HBA and your practice. .
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