April 2026 eBulletin Now Available

Dear Fellows:

“The greatest good you can do for another is not just to share your riches but to reveal to him his own.”  Benjamin Disraeli

We have heard about the “vanishing trial” for decades, and we know the phenomenon to be real. The rate of trials, especially jury trials, continues to decline in most places in the country.

The data is sobering. In my adopted state of Tennessee, for the year ending June 30, 2025 (the most recent data available), there were 11, 279 tort cases resolved in state courts. Only 284 (2.5%) of those cases were resolved by a trial, and only seventy-six (.67%) were jury trials (208 were non-jury). Half of those trials took place in four of Tennessee’s ninety-five counties. Fifty-seven counties had no tort trials whatsoever.

There are lots of reasons for the decline in trials, and countless articles and seminars have addressed this subject. This message will not do so.

Rather, I write to ask our Fellows to ponder a personal question: Are we doing what we can to get younger trial lawyers into the courtroom?

Preparation for trial is brutal, mind-numbing, and stressful, but trial itself is fun. We all gravitate toward that adrenaline; it is perfectly natural for us to pursue fun when we can find it. And when there are less opportunities for fun (reduced trials) it is natural for us to grab onto as much fun as we can when we have the chance.

But that means the next generation of trial lawyers is deprived of the opportunity to develop trial skills and confidence. Sure, skillful deposition-taking helps develop cross-examination skills. And anytime one spends on her feet in front of judges hones oral advocacy skills.

But trial skills (especially jury trial skills) can only be fully mastered at trial. Without real work in a trial setting, a young lawyer’s confidence may exceed their actual skill set.

Some of us rationalize our decision to hog trial time by saying that fewer trials mean we may not have that many left in our career and we need to try this case because it may be our last chance to have fun.

Others of us think that “no one can do what I can do in the courtroom,” and – since our client deserves the best – we feel compelled to do it all ourselves.

Really?

And still others rationalize the decision by saying “my client insists that I do it all.” Respectfully, give me a break. You are a good enough lawyer to help your client understand why spreading the work around a multi-generational team provides more diverse perspectives, enhanced jury appeal, and secures a deeper, more sustainable bench for the client’s future matters.

Lifting others up is part of our obligation as leaders in the Trial Bar. That includes foregoing some of the fun of trial to help elevate the next generation of trial lawyers. Most of us were blessed with mentors who did that for us when they did not have to do so.

Share the experience. Share the knowledge. Share the fun. By doing so, we do not just protect the future of the Bar—we reveal to our younger colleagues the great trial lawyers they can become. In turn, we will be remembered as the mentor who cared enough to share that which they treasured – the fun of trial.

John A. Day
President

To read the full eBulletin, click here.