Trial-Only Retainer

Some cases cannot be negotiated, repaired through plea discussions, or resolved through traditional approaches. When a case reaches that stage—when the evidence seems overwhelming, the narrative appears locked in, and most lawyers see no viable trial path—clients and attorneys retain Mr. Merchant for elite jury-trial execution and creative defense theory development.

Trial-only engagements are about vision: the ability to see a story, a constitutional flaw, or a path to innocence where others see none. Mr. Merchant brings both: disciplined courtroom advocacy and a rare ability to craft defense theories that break through conventional expectations and assumptions.

A Reputation for Creative, Unconventional Defense Theories

In the courtroom, creativity is strategy. Some cases require an advocate who can craft a defense theory that is original, constitutionally grounded, and narratively powerful, even when the State believes it has overwhelming evidence. That is where Mr. Merchant's reputation stands apart.

He sees stories other attorneys overlook. He identifies angles that do not appear in police reports, witness statements, or the prosecution’s narrative. And he constructs theories of innocence that are logically rigorous, factually anchored, and—crucially—persuasive to juries.

Whether the defense requires reframing the timeline, exposing investigative blind spots, challenging assumptions about human behavior, or presenting alternative explanations that others failed to explore, Mr. Merchant is known for developing theories that fundamentally alter how a jury understands the case.

Exceptional Trial Execution for High-Stakes Cases

Trial-only engagements are typically reserved for the most difficult, high-risk cases—those where negotiations have failed, constitutional issues remain unlitigated, or the defense team wants a trial lawyer with the skill, creativity, and discipline to reshape the narrative.

Upon entry, Mr. Merchant conducts a rapid but comprehensive evaluation:

• Discovery review focused on inconsistencies
• Identification of unused constitutional issues
• Development of a complete, alternative defense theory
• Assessment of witness weaknesses and credibility vulnerabilities
• Reconstruction of timelines and event sequence
• Identification of narrative gaps and faulty assumptions

While many attorneys focus on what is in the State's file, Mr. Merchant also prioritizes what is missing: the gaps, oversights, and investigative shortcuts that allow a defense theory to emerge.

Creativity Paired With Constitutional Precision

Mr. Merchant’s creativity in defense theory enhances, rather than replaces, constitutional litigation. Often, the most effective trial strategies arise when constitutional challenges support the narrative. For example:

• A suppression issue may explain why the State's evidence is incomplete.
• A confrontation clause issue may highlight that the State is avoiding scrutiny.
• A Miranda or voluntariness issue may show that the defendant's statements are unreliable or coerced.

This strategic integration of law and narrative is a hallmark of Mr. Merchant’s trial work.

Rebuilding and Reframing the Case

By the time Mr. Merchant is brought in as trial-only counsel, cases frequently suffer from:

• fractured theories
• inconsistent defense strategies
• underdeveloped impeachment
• unexplored constitutional issues
• no clear theory of innocence

His role is to rebuild the defense from the ground up: simplify the case, restore structure, and refocus everything around a coherent, compelling theory rooted in both fact and law.

Elite Jury Selection and Persuasive Storytelling

Voir dire and opening statement are opportunities to introduce the jury to the defense's story in a way that challenges assumptions and encourages jurors to see the case through a new lens. Creative defense theories require jurors who are open-minded, skeptical of surface explanations, and willing to explore alternative narratives.

Mr. Merchant’s voir dire is designed to:

• Identify jurors who may prematurely accept the State's narrative
• Encourage jurors to question assumptions
• Build receptiveness to less traditional defense theories
• Prepare jurors to evaluate the evidence critically and independently

Once the jury begins deliberating, the defense theory—woven throughout cross-examination, evidence, and argument—becomes the guiding lens through which reasonable doubt can emerge.

Precision Advocacy When the Story Matters Most

Trial-only engagements are not about routine representation. They are about high-level, creative trial strategy executed under pressure. When a client's life, liberty, or future rests in the balance, Mr. Merchant delivers trial advocacy that blends experience, creativity, and constitutional rigor.

He enters the case with one objective: to execute a trial strategy that gives the jury a clear and powerful reason to doubt the State's narrative and recognize the truth behind the defense theory, no matter how the case first appeared.