how to answer nasty lawyer in court

If you are in court on the witness stand and opposing counsel is asking you the same question over and over again, and your lawyer is just sitting there, saying nothing, Griesing recommends that you say, “Excuse me, Your Honor, I have answered that question three times and am feeling harassed.”

Full Answer

Should a lawyer avoid criticizing other lawyers?

Of particular relevance is the commentary under that rule which provides that “a lawyer should avoid ill-considered or uninformed criticism of the … conduct of other lawyers.”

How do you respond to a court question?

Respond Orally To The Questions. Do not nod your head for a “yes” or “no” answer. Speak aloud so that the court reporter or recording device can hear and record your answer. Think Before You Speak. Listen carefully to the questions you are asked.

Can a lawyer represent himself as a self-represented litigant?

I note that the plaintiff has offered neither an explanation nor an apology by way of mitigation, except to state that although he is a lawyer he is a self-represented litigant. In my view a lawyer who is representing himself is still acting as a lawyer (as well as a litigant) and is bound by the rules that apply to lawyers.

What should I do if I'm called to testify in court?

Remember too, that jurors may have an opportunity to observe how you act outside of the courtroom. When you are called into court for any reason, be serious, avoid laughing, and avoid saying anything about the case until you are actually on the witness stand. When you are called to testify, you will first be sworn in.

How do you respond to an aggressive lawyer?

Here are eight approaches to better handle the difficult lawyer.Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.

How do you respond to an attorney in court?

Give the answer in your own words, and if a question can't be truthfully answered with a “yes” or “no” answer, explain the answer. If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How do you win an argument against a lawyer?

Laws Of Conversation: How To Argue Like A LawyerIdentify The Issue And Don't Deviate From It. Recognise the main point of discussion and stick with it. ... Leave Emotion At The Door! Emotion will never win an argument. ... Be Wary Of Shifting Dialogues.

What to say when you don't want to answer a question in court?

Unless certain, don't say “That's all of the conversation” or “Nothing else happened”. Instead say, “That's all I recall,” or “That's all I remember happening”. It may be that after more thought or another question, you will remember something important.

How do you write a response to the court?

Write your answer Only tell the court that you agree, disagree or you do not know if the statement is true. Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Defendant denies...," if you disagree with the statement.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Do lawyers argue all the time?

Half of the time, lawyers are not arguing before a judge or with opposing counsel. They argue with their clients, bosses and co-workers. And sometimes they have to keep their mouths shut unless they want to get fired.

Do lawyers have to be good at arguing?

Do lawyers have to be good at arguing? Yes, law students have to be good at arguing, but most law students do not have to be good public speakers. If you are new to law school or have not been yet, you might be surprised to find out that many lawyers never actually appear in court.

How do you win an argument in court?

Always focus on why your side is right, rather than on why the other side is wrong. When crafting your argument, put yourself in the judges' position. Look for the weaknesses in your argument, anticipate the questions judges might ask, and plan responses that transition to the merits of your position.

How to deal with a nasty attorney?

When you are dealing with a nasty attorney chances are they will not give you an extension of time if you miss a date or deadline. Instead, they will take advantage of your lack of procedural knowledge and try to exploit it. Therefore, you need to be as organized as possible. This means, you should calendar important dates, hearings and deadlines and regularly check them. You should also maintain an organized file so that you know where all the case documents are. By staying organized you can reduce the advantage or perceived advantage that the opposing counsel may have.

How do Nasty Attorneys work?

Nasty attorneys will use your emotions against you. They will try to get you upset and flustered so that you don't do the best job you can do . When you are in court or speaking with opposing counsel, force yourself to be calm and collected, You are free to breakdown and cry at home when your adversary is not around.

What is aggressive attorney?

On the other end of the spectrum is the aggressive attorney who is obnoxious and disrespectful. Most people will know within the first few interactions with the attorney that he or she is going to be a problem. There is no reason for an attorney to be nasty or disrespectful to someone who is representing himself without an attorney.

Why do lawyers want you to say a lot?

They want you to say a lot because it gives them more chances to trip you up or use a statement against you. Many nasty attorneys will deliberately appear like they understand where you are coming from and that they want to help you when in fact, you are giving them more ammunition because you are saying way too much.

How to protect yourself from a bad attorney?

If you know that an attorney is a wolf, you need to take extra precautions to protect yourself. Bad attorneys may go so far as to promise you something over the phone and then deny they ever promised you anything when the get to court. Others will twist your words into a statement that you did not make. They best way to protect yourself is to memorialize everything in writing. If you call an attorney an ask for an extension of time to answer the complaint and he gives you an extension, send him a letter, email or both, memorialize his promise to give you the extension. My general rule is, if it is important to the case, write it down.

Why is pro se litigant so bad?

As a pro se litigant, you are often at a disadvantage simply because the attorney knows the rules and procedures and you don't. There's nothing wrong with an attorney who uses that knowledge to the benefit of his clients. A good lawyer, while protecting his client, will not be disrectfull or deliberately try to hurt you.

Is the General Attorney Brotherhood true?

While the general attorney brotherhood may dispute this fact, it is true. It is important that you know what type of person you are dealing with as soon as possible. In the immortal words of the 1980's GI Joe cartoon series, "Knowing is Half the Battle.". Be aware of what kind of attorney you are dealing with and you will be better able ...

What was the motion to remove Ross as the lawyer for the defendant?

In that motion the plaintiff’s lawyer made serious allegations of conflict of interest as well as professional misconduct. He essentially alleged that Ross lied and committed fraud. To prepare for this motion Ross incurred expense.

What is the rule of the court that counsel should not attribute bad motives or improper conduct to opposing counsel?

Paragraph 27 provides that “Counsel should not attribute bad motives or improper conduct to opposing Counsel, except when relevant to the issues of the case and well-founded.”. Rule 28 advises that “Counsel should avoid disparaging personal remarks or acrimony toward opposing Counsel.”.

How did Ross violate the Rules of Professional Conduct?

Midanik also claimed that Ross violated the Rules of Professional Conduct by knowingly pleading a falsehood in the statement of defence and counterclaim. Before the motion was heard the plaintiff abandoned the motion. Ross’ client received a higher cost award because the plaintiff abandoned the motion.

Who is the leading expert on bullying in the legal profession?

“Especially lawyers, who can be very good at being very bad,” according to the nation’s leading expert on bullying in the legal profession, Philadelphia attorney Fran Griesing.

Is the internet a good friend for a bully lawyer?

When it comes to reducing the chances of bumping heads with a bully lawyer — especially a bully employer for your first job as an attorney — the internet is your best friend.

What to do if your answer is not correct?

If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, “May I correct something I said earlier?” Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.

What is it called when you are questioned by an opposing attorney?

When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case.

Why is appearance important in court?

A neat appearance and proper dress in court are important. An appearance that seems very casual or very dressy will distract the jury during the brief time you’re on the stand, and the jury may not pay attention to your testimony.

How to be a responsible witness?

Be A Responsible Witness. When you are called into court for any reason, be serious, avoid laughing, and avoid saying anything about the case until you are actually on the witness stand.

What to say when someone says "that's all I remember"?

Unless certain, don’t say “That’s all of the conversation” or “Nothing else happened”. Instead say, “That’s all I recall,” or “That’s all I remember happening”. It may be that after more thought or another question, you will remember something important.

What is cross examination in court?

The questions asked are for the purpose of “direct examination”. When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination. The defense attorney is just doing their job.

What is the most important thing to tell the truth?

Most important of all, you are sworn to TELL THE TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory.