how to attack a lawyer in court

How do you make a lawyer fight?

Make your lawyer fight! Force witnesses to answer. Force your opponent to produce evidence. Force crooked lawyers to obey the rules. Force biased judges to sign orders. Force everyone to "play fair" ... so you can win! Quick and easy. Step-by-step.

What to do if a defense attorney interrupts you in court?

If the defense attorney interrupts by asserting the question calls for a simple “yes” or “no” answer, tell the judge you can’t answer in the manner defense counsel is trying to make you without misleading the jury or violating your oath. Wait for the court’s instruction.

What kind of tricks do lawyers play on plaintiff lawyers?

Some lawyers play a trick on plaintiff’s lawyers by making arguments that require the plaintiff to amend the case so that he or she spends an exorbitant amount in legal fees at the very early stages of the case. As the plaintiff, a lawyer can help advise you on how to avoid this particular trick.

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 deal with a nasty 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.

Do opposing lawyers talk to each other?

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

Do attorneys try to scare you?

If an attorney is attempting to scare you into hiring them to handle your case, they are probably exhibiting bullying behavior that can have very negative consequences later on in your case.

Can I represent myself in court in South Africa?

Your Right to a Fair Trail includes the Right to be heard in a Court, whether or not you are legally represented. Therefore, you do not need to have an Attorney. However, representing yourself is not recommended as Litigation can get complicated. (There is a reason Attorneys study law for four or five years).

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

What do you do when opposing counsel won't respond?

In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•

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.

What are lawyers not allowed to do?

Rue 48 prescribes that an advocate shall not be a Managing Director or a Secretary of any Company. Rule 49 precludes an Advocate from being a "full-time salaried employee" of any person, government, firm, corporation or concern, so long as he continues to practice.

Why are lawyers intimidating?

Disdain for the profession is pervasive. People are intimidated by the threat of legal action, and for good reason. In an extended legal battle opposing lawyers are certain to expose weaknesses in your procedures, policies and judgments.

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

Can I argue my own case in court?

Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.

How do I talk to a judge without a lawyer?

Write a letter to a judge as long as you are not in a current case. To start the letter, indicate what the letter is regarding, and identify yourself and your profession. Then, tell the judge what you want and provide reasons why they should grant your request. Don't forget to address the envelope before you send it.

How to defend a personal injury case?

The first strong defensive strategy is to be keenly aware of the philosophy of your side of the case. For example, if you are a plaintiff in a personal injury case or a personal injury lawyer, you may want to get to the end of the case in which you discuss damages and how the accident affected the victim. As you know, the more that the personal injury lawyer spends on the case, the less he or she will actually make if there is recovery. If you are the defendant or the defendant’s lawyer, you likely want to slow the case down so that you can gain leverage by making the case drag out. If you slow the case down, the other side may become desperate to settle for less than the case is actually worth. Personal injury lawyers are aware of this tactic and often offer to represent the client on a contingency fee basis so that the client does not have to come up with sizable funds to support the litigation strategy.

How can a good litigator derail a case?

A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.

How does service of process aggravate a plaintiff?

This can aggravate the plaintiff because he or she will likely have to pay for service to be perfected multiple times or may have to try another form of service of process. If the defendant makes an argument against valid service, the entire case may have to start again, costing the plaintiff more time and money. While there are other ways besides personal service to execute valid service, a judge may side with a defendant if the proper steps were not followed. Therefore, it is important that service is properly executed to avoid this problem.

Why do litigators retain consultants?

Another trick that litigators play is to retain all of the potential experts as consultants if the field is very limited. This can help prevent the other side from being able to find a qualified expert to represent their client’s interests.

Can a lawyer derail a case?

A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.

Why do defense attorneys attack witnesses?

Defense attorneys will attack an officer’s credibility more often and harder than other prosecution witnesses just because you’re an officer. They know if they can raise a doubt about your credibility, it may cause a judge or jury to doubt the credibility of the entire case (remember Mark Fuhrman ?).

What happens if the defense attorney insists on a jury trial?

If the defense attorney insists, he will be clearly communicating he intends to mislead the jury.

Why do defense attorneys ask the same question?

They’re hoping to obtain inconsistent or conflicting answers from the testifying officer.

Why do defense attorneys want to put you on trial?

Defense attorneys want to put you on trial so the jury will be distracted from who is actually on trial. They don’t want to spend time on the evidence. The evidence proves their clients are guilty. On days you are scheduled for court, put a Q-tip in your pocket.

Why is respect important in a defense?

The respect part is the key. It frustrates a defense attorney when they’re unable to rattle you. Furthermore, your show of respect enhances your credibility with the jury.

What is the job of a criminal defense attorney?

The duty of any attorney is to represent the interests of their client, and defendants are interested in getting off – regardless of whether they committed the crime.

Can a defense attorney falsify evidence?

There are rules that limit what a defense attorney can do – they can’t fals ify evidence or counsel a witness to lie, for example – but, they have no obligation to present the truth and I continuously see officers shocked when they learn this firsthand in court. Don’t blame defense attorneys.

What do jurors do in a jury trial?

In jury trials, it’s up the jurors to decide whether and to what extent they believe any of the witnesses who testified at the trial. They’ll take into account the credibility of the witnesses when they’re deciding their verdict in the case.

How to discredit a witness?

Lawyers can take various steps to attack the credibility of witnesses (known as “impeaching” a witness ). There are a few basic methods that can be used to discredit witnesses: 1 Cross-examination. After a witness has testified, the lawyer for the other side can cross-examine the witness, asking questions meant to elicit answers that could raise doubts about the witness’s credibility. 2 Other witnesses. Whenever possible, attorneys will try to call other witnesses whose testimony contradicts or at least calls into the question testimony by a witness for the other side. 3 Outside evidence. Lawyers may also introduce outside ("extrinsic") evidence that isn’t directly related to the case but is relevant to a witness’s credibility, such as documents showing the witness’s financial interest in the outcome of the case, social media posts showing that the witness is friends with the defendant, or the witness’s criminal record showing prior convictions for felonies or crimes involving dishonesty. State and federal courts have different rules on what kinds of extrinsic evidence may be used to impeach witnesses.

What kind of evidence is used to impeach a witness?

State and federal courts have different rules on what kinds of extrinsic evidence may be used to impeach witnesses. While giving instructions to the jury at the close of the trial, the judge may explain how the jurors should weigh the testimony of certain witnesses in light of other evidence or testimony. For instance, if a witness has violated ...

What is the most compelling evidence in a trial?

Witness testimony can be one of the most compelling types of evidence in a trial, especially in criminal cases But some witnesses are more trustworthy or believable than others. And witnesses sometimes contradict each other. In jury trials, it’s up the jurors to decide whether and to what extent they believe any of the witnesses who testified ...

What is the subconscious bias of a jury?

Jurors’ subconscious or implicit bias may affect whether they’re persuaded by witnesses from certain ethnic or class backgrounds.

What is the competency of a witness?

In the context of witnesses in judicial proceedings, “competency” refers to whether the person is legally qualified to testify, not that witness is credible or has specialized knowledge as an expert (more on that below). In general, witnesses are competent if they have the capacity to observe, remember, and explain the events or other matters about which they’re testifying. They also need to understand their obligation to tell the truth under oath. It’s up to the judge to decide if witnesses are competent. But when the jury is considering whether a witness is credible, it may take into account some of the same factors that go into competency, such as age, intelligence, and memory abilities.

What factors are considered when deciding whether a witness is credible?

But when the jury is considering whether a witness is credible, it may take into account some of the same factors that go into competency, such as age, intelligence, and memory abilities.