A trial never unfolds according to a script. Even if the lawyers are organized and well prepared, as an old trial lawyer once told one of my young colleagues, "another rabbit always jumps out of the hat." I think Kathryn McNeilly and Paul Stapleton make a fair point in urging a comparison to musical improvisation, which—contrary to some misconceptions—is not without its own forms and generic constraints. As just as musician might say, "You're playing something and listening with the intention of moving from A to B in the next moment, and then something happens in music, which you hear, and you realize, 'OK, that would be a bad choice. I've got to do something else'," trial lawyers must remain nimble—must improvise—in the face of the unexpected.