Balancing Control and Letting Go
Well, of course, Prince Siddhartha, otherwise known as the Buddha, did not have to face juries or trial judges or opposing counsel in 6th-century Nepal. His world was one of opulence and royal privilege and prerogative. For the rest of the Hindu world that was stratified and affixed with certain rights, or their utter absence, the concepts of due process and the right to be judged by an impartial jury were yet centuries in the making. Yet, the Buddha’s life journey of enlightenment led to a world religion with many iterations, including Zen Buddhism.
It seems that over the last 25 years, the Buddha’s middle path and mindfulness have permeated so many aspects of modern life — whether sports psychology, wealth management, the self-help industry, or healing from abuse and trauma. Given societal consciousness of the deluge of Zen and Mindfulness, one can easily dismiss even their basic tenets as kitsch or a trend that will soon be supplanted by the next “cure-all.” However, not only are the Buddha’s teachings particularly relevant to trial attorneys, but they can make the difference in securing the best possible outcome for clients. In short, the Buddha yet speaks directly to those of us whom we call the trial attorney.
In the high-stakes environment of a courtroom, trial attorneys often face a challenging paradox: the need to maintain control over their case while simultaneously navigating the many factors they cannot influence. The judge, the jury, opposing counsel, and even their own witnesses can introduce elements of unpredictability. This tension makes the courtroom a fertile ground for applying Zen principles, which emphasize mindfulness, balance, and the art of letting go.
This article appears in TLJ No. 03, “Third Time’s a Charm” (Fall 2025).
It means being fully present and accepting the reality of a trial without attachment to a specific outcome. In practice, the attorney acknowledges the limits of their control and concentrates on what is within reach: preparation, command of the evidence, the order of the case-in-chief, the opening and closing, and their own composure.
Steven B. Barrett identifies four: mindfulness, staying present enough to adapt to the courtroom’s fluid dynamics; detachment, focusing on the process rather than the verdict; balance, keeping emotional equilibrium when the unexpected happens; and adaptability, finding creative ways to respond to uncertainty.
An attorney controls preparation, mastery of the evidence, time spent with fact and expert witnesses, the opening and closing statements and the order in which the case-in-chief proceeds. An attorney cannot control the judge’s rulings, the biases and life experiences jurors bring to deliberations, opposing counsel’s tactics or how a witness performs once on the stand.
Jurors read demeanor. A calm, collected response to damaging testimony or a misleading argument projects confidence and builds trust and credibility, which can be as persuasive as the evidence itself. Jurors also dislike being misled, so an attorney who plainly outlines the baselessness of an opponent’s point confirms what the jury likely already suspected.
Steven B. Barrett is a personal injury trial lawyer in Lansdale, Pennsylvania. He co-chairs the litigation department and chairs the personal injury practice group at Hamburg, Rubin, Mullin, Maxwell & Lupin, and he was a guest on the Trial Lawyer’s Journal podcast, “Celebrating Justice.”
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If you have never lost a case, you don't need to read this article. It's written for those of us who have felt the pain of loss, the anger and frustration of defeat, and the humiliation of blaming ourselves for not doing a better job.
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