The Paul Atishon Case (Civil Trial) from Phoenix's Perspective
My belief is that Phoenix's actions in the Paul Atishon case only make sense if taken within the context of the second trilogy as a whole, and with FMT in mind as well:
During the investigations in Paul Atishon, we're told by Pearl/Ema that Miles and Phoenix have been spotted in Kurain Village separately. Apollo, with his single-track mind (bless) goes "not my monkeys". Unbeknownst to him, this is the biggest sign that Phoenix has learned from Farewell My Turnabout.
Miles was in Kurain to look into Maya's hostage situation (this is confirmed post-trial). This is everything Phoenix didn't do in FMT because (1) his relationship with Miles was tense and different back then, and (2) in FMT, he still had a naïve view of lawyers as standing in court to "save people", which was made that much worse by his own savior complex. This pushed him to withdraw from Miles, and put all the burden on himself, until he almost cracked in court, and Miles caught on.
Now, he knows: (1) Miles is the one he relies on when his hands are tied. (2) He has limits and he cannot do the saving alone. (3) being a lawyer isn't only about saving people, which brings to his reasons for doing the next thing.
Phoenix (in FMT): I stand in court for my clients. ....To save them.
The biggest gripe I've seen about Paul Atishon's case is that Phoenix did not confide in Apollo. For me, it's rather the only action that makes sense from Phoenix's pov. There are 3 dimensions to consider together: (1) being a lawyer (post FMT); (2) his relationship with Apollo. (3) you don't kill a savior complex that easily.
(1) Being a lawyer: Phoenix's natural forte lies in faith and trust, but he learns to value truth and justice as such, in aa2. Having learned that, Apollo's role, as adversary in the trial, is important for him.
Lucky for Phoenix, Apollo's natural forte is to hearken on the truth. They're natural opposites. Phoenix therefore has all the reasons to think that, by letting Apollo do his best, without clouding his judgment, the trial can run its best course in the subpar conditions that Phoenix's in. All the more so when, unlike Apollo, he uncovers proof to suspect a murder. aka For Phoenix, there is a murderer on the run, here.
(2) Relationship with Apollo: "But even so, it's a lack of trust to think Apollo can't go full-on out if he told him." In some ways, yes. But we have to look at their relationship.
In aa5-4, Phoenix consciously doubts whether he's been doing enough for his subordinates after meeting Sol Starbuck. He always treated Athena like a mentor, but Apollo? Apollo and he had history, where their strange relationship mixed rare advice with lots of teasing (and domesticity? Apollo even reminds Trucy of what Phoenix says about her studies......?), and where the way he destroyed Apollo's admiration once, is hard to forget.
I could write a lot about all the ways Apollo and Phoenix constantly mismatch in what they want from each other/what they think the other wants from them. But this is not the post. Here, suffices to say that Phoenix wants, post-aa5, to change vis-à-vis Apollo. In this new role he wants to take, Apollo shouldn't be the one shouldering the burden for him.
Savior complex: FMT doesn't exactly kill Phoenix's savior complex. For a good reason: The support Phoenix gets in FMT creates the conditions for a miracle, but he is the one who makes the miracle happen by reaching that final reasoning. And this pattern continues in aa3, aa4, aa5. Phoenix keeps getting vindicated in his belief that he has to find solutions (even when disbarred!)
This, linked with his complicated relationship with Apollo post-aa5, means that Apollo is part of those he wants to protect. It doesn't mean Apollo wants that, and the point of the civil trial case, imo, is precisely to turn the Apollo/Phoenix relationship on its head once more. But at the start of this case, Phoenix clearly doesn't want to be the one holding Apollo back.
I view it as Phoenix feeling like he owes Apollo something, and therefore feeling like he can't take from him. But ironically, unbeknownst to him, Apollo wants to give.
Phoenix: .................. Apollo...
Also, let's remember that this entire time, Phoenix is under mental pressure. All of those decisions have to be taken quickly.
Stalling, Accusing Datz & Begging Apollo:
There are 2 moments in the trial where Phoenix takes drastic measures beyond stalling for time and being a little bitch (affectionate): (1) accusing Datz of murder to win the trial (nullifying Datz's agreement with the murder victim); (2) begging Apollo not to accuse the real murderer.
There are many factors at play, one of which being the evidence incriminating Datz, which did exist. At the start of the trial, Phoenix might genuinely have had doubts as to the real murderer.
But more importantly, I think the reason Phoenix accepts to play dirty, is that FMT doesn't only teach Phoenix what he can do differently, it also gave him an indication of what he can do.
I see it as quite a realistic development for a character, because over time, Phoenix has won so many times, that he has good reasons to get used to flying by the seat of his pants. He is neither arrogant nor modest. He learns from his mistakes in some ways, but has fair reasons to build confidence too. Personally, I think FMT in itself is a reason for him to believe he can manage this, not with 100% confidence, but with just enough to make him think that he's doing the best he could do.
Moreover, with FMT came acceptance for Phoenix that in a courtroom, he may not always be the one arguing on the side of the innocent; that you can reach the truth and justice either way. So, with this in mind, it's normal for Phoenix to feel at least capable of defending a morally corrupt client, stalling for time until he can do something.
It's just that Apollo goes fast, faster than he can expect. That makes the trial spin faster and faster out of Phoenix's control (the Judge commenting on Mr Wright losing some of his marbles) and ultimately leads to him pleading Apollo openly to stay his hand, before realising that he's backed himself so much into a corner, that he has...failed to save anyone. (but as it turns out, Apollo wants to give and can give. So, it's okay)
Phoenix: Thank you. I'm really glad you were here, Apollo.
As I see it, Phoenix's actions in the Paul Atishon case flow naturally from FMT and aa4-5. They're a fairly realistic mix of lessons learned about "what I can do differently" and "what I can do", that match the rest of his character.
It also brilliantly does the job it sets out to do, which is to overturn the new status quo in Apollo and Phoenix's relationship, making them see each other with new eyes. AND it has a brilliant side-effect, which is to show the man with a savior complex that he can be thoroughly saved, without doing any of the saving.