In the second episode about Rick Friedman's “Becoming a Trial Lawyer: A Guide for the Lifelong Advocate,” host Brendan Lupetin takes a deep dive into Chapter 10. Titled “Forget Playing it Safe,” the chapter argues that there is no safe way to try a case — and there never was. Brendan shares two of his own trial stories: one where going all in on a single theory drew his client's fury before producing a strong verdict and another where the same bold approach backfired and ended in a loss. He closes by reviewing Friedman’s six-step framework for making tactical decisions grounded in your client's best interests, not your own fear of criticism.

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• Chapter 10 of Rick Friedman's “Becoming a Trial Lawyer” opens with a blunt declaration: There is no safe way to try a case, and tactical decisions will seldom feel safe.
• In a case with two viable theories, Brendan went all in on the stronger one after focus groups backed his instinct; his client berated him after opening statement, and he spent the entire trial second-guessing himself before the verdict proved him right.
• In a second case, Brendan made the bold call to go all in on "trying the lie" — a doctor whom he believed had written a CYA letter and hidden it in a drawer. It backfired, and he lost. But Brendan leans on Friedman’s philosophy that “in all tactical decisions, you give up something to gain something new.”
• Friedman's framework for tactical decision-making includes thinking through the problem thoroughly on your own, brainstorming with partners, focus grouping the issues, and continuing to weigh the pros and cons as the case evolves.
• The framework closes on two non-negotiables: Base every decision on your client's best interests and accept that you may look foolish for the choice you made — because if you're not willing to risk that, you have no business being a trial lawyer.

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