I didn't want to go into too much detail with my bad co-counsel story, mostly because I'm worried she might someday read my blog (doesn't every lawyer?).
But I did say something to her - before I wrote the post. I said something like, "I guess everyone has different styles, but I think it might have been better to..." She kind of just ignored me and kept doing things her way.
The trial continued in the way you'd imagine it would. A total SNAFU.
And I kept trying. In the courtroom, and with my co-counsel. I became more and more brazen in the way I told her, "Well, what did you expect the cop to say to that question? Were you trying to get the impossible Matlock moment, or did you just want the jury to hear the DA's case again?"
"Hmmm... I guess we do have different styles," she responded.
In the meantime, I had to focus on trying my case.
Then, Friday afternoon, she said to me, "You did a really great job. You're really smart. I liked some of your ideas. I guess it's because you went to a good school or something."
Um, maybe that, or maybe it's because I take my job seriously and try to learn new techniques every chance I get - I go to trial advocacy classes, I watch lawyers I admire on trial, I ask experienced lawyers for advice and I actually LISTEN to their advice.
I think the trial is probably beyond winning at this point. (Not sure that winning was ever a possibility, but sometimes it's hard to tell.) I made a record of the problems where it was possible. Now I just have to hope the jury can tell us (and, therefore, our clients) apart.
I think my office might take a collection to send her to one of the trial training courses. I know I would never try another case with her unless she went to one.