At trial (and even before) the defense likes to express indignation and disbelief.

It’s almost like some cases are defended entirely based on the tone of the defense attorney’s voice.

And nowhere does the mockingbird sing more enthusiastically than when someone who has suffered an injury goes on vacation.

“Can you imagine suffering a ______________ injury and then going on vacation to ___________________?!”

The implication is that someone who suffers a broken foot and has lingering mobility issues could never go to Hawaii. Or it would be impossible for someone who genuinely has Post-Concussive Syndrome to visit the Smithsonian.

I tell clients not to let the tail wag the dog. This advice primarily applies to treatment decisions. “Do what it right for you, not for the case.”

But it also applies to things like vacations. Live your life the way you want to live it irrespective of how it might be interpreted by the defense. And that applies to vacations.

Side note: the defense loves to request vacation photos in discovery.

We can explain—and juries will understand—the getting away from the gloom of winter on a trip to Palm Springs.

But it’s much harder to explain winning a handstand contest when you have thoracic outlet syndrome or suffering debilitating vertigo when there are photos of you enjoying one Mexican Shakedown after another.

Keep it under control during vacation. Use the time to relax and rejuvenate. Assume that any photos or videos will be played for the jury at trial.