Winning at Trial: Why Experienced Lawyers Know When to ‘Run the Ball’

Winning at Trial: Why Experienced Lawyers Know When to ‘Run the Ball’

In the high-stakes world of criminal defense, especially during a court martial, every move a lawyer makes can tip the scales of justice. Renowned military defense attorney Michael Waddington recently shared a powerful insight from his courtroom experience that applies to all trial lawyers and anyone interested in legal strategy: when you’re winning at trial, sometimes the best move is simply to “run the ball.”

Introduction: The Art of Knowing When to Hold Back

Imagine you’re in the final moments of a Super Bowl game, your team is just a few points ahead, and the opposing team is charging down the field. Do you risk throwing a risky pass that could be intercepted, or do you play it safe and run the ball to maintain your lead? This analogy perfectly encapsulates the mindset Michael Waddington and his co-counsel adopted during a particularly intense court martial case where they were leading. Instead of pressing their advantage with more witnesses or aggressive cross-examinations, they chose discipline, patience, and strategy.

Key Takeaways from Michael Waddington’s Trial Advice

1. Discipline and Strategic Restraint Are Crucial

Waddington’s story highlights the importance of restraint in trial advocacy. Even when ahead, the temptation to push for more evidence or additional witnesses can be strong. But every additional action carries risk—new testimony could introduce inconsistencies or open the door for rebuttal. The key is to avoid unnecessary risks that might unravel the progress already made.

2. Prioritize Client Interests Above All

As Waddington emphasizes, a lawyer’s job is to avoid harm to their client. This means carefully weighing each decision during trial and asking: Does this move increase our chances of winning, or does it expose us to potential setbacks? Maintaining the lead often means consolidating gains rather than chasing additional points.

3. Use Clear Reminders to Stay Focused

In the heat of trial, it’s easy to get caught up in the moment. Waddington and his co-counsel wrote the phrase “run the ball” on notes and placed them prominently to remind themselves to stay disciplined. This simple, tangible cue helped keep their strategy front and center, helping avoid impulsive decisions.

Why “Running the Ball” Is a Winning Strategy in Trials

Trials, especially complex ones like court martials, are dynamic and unpredictable. The “run the ball” approach means focusing on consistency, reliability, and risk management. Here’s why this method resonates in legal contexts:

  • Risk Mitigation: Every new witness or line of questioning can introduce unexpected complications. Playing it safe helps minimize surprises.
  • Control of Narrative: When ahead, it’s often better to control the story you’ve already established, rather than reshaping it with uncertain elements.
  • Preserving Credibility: Overreaching can sometimes appear desperate or weaken your case. Sticking to proven points maintains professional credibility.

Additional Context: Applying This Advice Beyond Military Courtrooms

While Michael Waddington’s expertise lies in military defense—covering serious charges such as military sexual assault under Article 120 UCMJ and false accusations—his trial philosophy transcends courtroom types. Whether in federal, state, or military courts, the principle of strategic restraint is universally valuable.

For defense attorneys, prosecutors, or even civil litigators, recognizing when to stop advancing and consolidate gains can be the difference between victory and defeat. It also underscores the importance of preparation and knowing the strength of your case before trial.

Final Thoughts: The Wisdom of Experienced Trial Lawyers

Michael Waddington’s advice is a testament to the experience and tactical thinking required in trial law. Winning isn’t just about aggressively pushing forward—it’s about knowing when to hold steady and protect the advantage you’ve earned. For anyone facing trial, particularly in complex military or criminal cases, this mindset can be a crucial piece of the puzzle.

If you or a loved one faces serious charges or false accusations, consulting with experienced defense lawyers like Michael and Alexandra Waddington can provide the strategic guidance necessary to navigate these challenging waters.

Contact Information:
González & Waddington, LLC
1792 Bell Tower Ln #218
Weston, FL 33326
Phone: 1-800-921-8607
Website: https://ucmjdefense.com

Remember: In trial law, sometimes the best offense is a good defense—and sometimes the best move when you’re winning is just to run the ball.

Full Transcription

The other day I was in a very hotly contested case, and we were, in my opinion, ahead. I was the criminal defense lawyer. It was a court martial, and my co-counsel and I had a bunch of witnesses that we could have called, sections of cross-examinations that we could have run with, but when we were ahead, we decided that it was best to stop and not do anything that could cause harm to our case. Because as a lawyer, we shouldn’t be making moves that could cause potential harm to our clients, especially in trial. You have to be very disciplined when you’re thinking about what should I do, what should I do next, should I call that witness, do they gain us any yards? And so my co-counsel and I wrote a note, each of us posted it in front of us, and it said, run the ball. And you’re in the Super Bowl, you’re up by a couple points, you don’t want to be throwing some risky passes. You want to run the ball, be consistent, do what’s safe, and don’t lose the advantage once you have it. If you like our content, like and click subscribe below.

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Winning at Trial: Why Experienced Lawyers Know When to ‘Run the Ball’

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