THE OKLAHOMA BAR JOURNAL 48 | NOVEMBER 2025 Trial by Jury Strong Case, Heavy Cost: The Emotional Weight of Trial Law By Scott Goode LET’S BE HONEST. Being an attorney is tough. We have chosen to help others with some of the most important issues in their lives. Whether in their professional lives, with business contracts, consulting, finance or taxes; their personal lives, with relationships, divorce, paternity, guardianships, adoptions, protective orders or the eventual deaths of loved ones through estate planning and probate; or even their own personal freedom, when they are charged with a crime. The list goes on and on. In most situations, the individuals we help are going through very atypical times and circumstances. They are hypervigilant and aware. In short, these circumstances create a perfect storm that harms our own mental health, not even accounting for whatever we may be going through in our personal lives at the time. For trial lawyers, these circumstances can be even worse, especially for those of us who try cases before juries. At least with bench trials, the fact finder (the judge) will usually sift through unnecessary evidence and emotion to reach the core issue. Bench trials bring more legal precision because of the judge’s training in law, and they involve fewer theatrics. They are typically faster, more streamlined and come with fewer pro- cedural delays. There is also pre- dictability: Trial lawyers often feel they can anticipate a judge’s reasoning based on legal experience and past rulings. A jury trial, however, is an entirely different challenge. The lawyer’s ability to predict the outcome or the evidence the jury might latch onto is greatly reduced. Storytelling matters. A compelling narrative with strong witnesses and emotionally impactful evidence becomes crucial. It’s no longer just about the law; the lawyer’s ability to persuade is paramount. And above all, jury selection is critical. As trial lawyers often say, “Before a judge, I argue the law. Before a jury, I argue a story.” I’ve been a practicing trial lawyer for almost 20 years. For the first seven or eight, I only tried jury cases, either in the Tulsa County Public Defender’s Office as an Oklahoma Indigent Defense System subcontractor or in my own private practice. In the last 12 or 13 years, I have expanded into divorce, paternity, guardianships, protective orders, adoptions and other areas of law typically tried by the court instead of a jury. Despite the extremely high level of stress and anxiety in both types of trials, I can honestly say I’ve never once thrown up in the courthouse bathroom before a bench trial. THE PRETRIAL STRAIN The time between setting a case for trial and beginning jury selection is the worst. Once a jury trial is set, my anxiety climbs with each passing day. As the date nears, I sometimes suffer migraines, nausea, stomach issues or even periods when my immune system seems to shut down, bringing on colds, flu, hives or other physical conditions I don’t normally experience. Insomnia is constant and, for me, the hardest part. The pretrial period is filled with fear: the fear of being unprepared, Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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