At one point or another, even the most skilled horseback rider will be thrown off a horse. The skilled horseback rider will get back in the saddle, whether on the same or different horse, or on the same or a different day, after sizing up what caused the throwing and the inability to remain on the saddle. The amateur rider might get more dispirited than that.

Some judges seem to take delight in trying to dispirit lawyers. Others do unintentional things that dispirit lawyers. The right lawyer is hard to dispirit. Being dispirited interferes with powerful battle.

Once a criminal defense lawyer remembers that s/he is there for the client, the lawyer will get back in the saddle if ever thrown off, and not get dispirited.

As much as I do not recommend making oneself a punching bag for anyone, the boxing scene in Cool Hand Luke is a great example of never getting dispirited, and never staying down for the count.

Whether it is a horse trying to throw off the rider or a judge trying to throw off the trial lawyer, the person dealing with the attempted throw now better knows the horse or judge in that moment. And through knowing the other, we can more effectively deal with the other.

In the end, there is no out there for the mind. One can successfully engage with and conquer outside forces with one’s mind and heart. The criminal defense lawyer is there to harmonize his or her client’s imbalanced situation as best as possible, with the lawyer remaining fully and powerfully balanced at all times.