how to be a witness against an agressive lawyer

A witness who is angry may exaggerate or appear to be less than objective, or emotionally unstable. Keep your temper. Always be courteous, even if the attorney questioning you appears discourteous.

Full Answer

Can an attorney attack a witness’s credibility?

In most cases courts will only allow an attorney to attack a witness’s credibility using evidence of prior convictions involving dishonesty or untruthfulness.

Can a lawyer be a witness in a criminal case?

(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client.

Should my defense attorney investigate the background of a witness?

There are exceptions, however, to this rule and it is important that your defense attorney investigate the backgrounds of any witness called to trial to avoid a surprise which could be detrimental to your case.

What happens if a witness is angry in court?

A witness who is angry may exaggerate or appear to be less than objective, or emotionally unstable. Keep your temper. Always be courteous, even if the attorney questioning you appears discourteous. Don’t appear to be a “wise guy” or you will lose the respect of the judge and jury.

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.

How do you handle aggressive cross-examination?

Tips for a Successful Cross-ExaminationListen carefully to the prosecutor's question and let him ask his entire question before you answer.When you do answer, answer the question that is being asked, but nothing more. ... Stay calm and don't argue. ... Tell the truth. ... Think before you answer the question. ... Don't guess.More items...•

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.

What is considered badgering the witness?

Badgering the witness is an objection that counsel can make during a cross-examination of a witness where opposing counsel becomes hostile or asks argumentative questions.

What questions Cannot be asked in cross-examination?

Section 142 does not mention asking leading questions during cross-examination. But, Section 143 states that leading questions can be asked even in cross-examination. Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party.

How do you stay calm on the witness stand?

Keeping Calm on the Stand | 7 Tips for Testifying in CourtClothing is Important. No matter who you are, you're going to want to dress in your best clothing. ... Act Respectfully. ... Refresh Your Memory. ... Speak Slowly and Truthfully. ... Answer Questions Only. ... Avoid Absolutes. ... Stay Calm.

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 ...

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

How do you disbar a lawyer?

Proceedings for disbarment or any administrative case against a lawyer may be filed before the Commission on Bar Discipline by submitting six (6) copies of a verified complaint to the same. He shall have the power to issue subpoenas and administer oaths.

What is a hostile witness legally?

A witness who testifies against the party who has called the person to testify. The examiner may ask a hostile witness leading questions, as in cross-examination. Also called an adverse witness.

Who can declare a witness hostile?

Only the judge has the right to declare a person as hostile on the request of the examiner. The concept of hostile witness first arose in the case of, Sat Pal v Delhi Administration[1], Supreme Court here gave the meaning to the term 'hostile witnesses'.

What is permission to treat the witness as hostile?

Generally speaking the phrase 'permission to treat a witness as hostile' is a cue to both the judge and the jury that a witness is not cooperating with the judicial process and/or is not being honest with their answers.

How to defend against an opposing attorney?

Be courteous and attentive to the opposing attorney. Under no circumstances should you get mad or lose your temper. I will be there to protect you if you are being mistreated. It helps to remember the opposing attorney is just doing his or her job. Do not look to me for help in answering the questions.

What to do when you ask a lawyer a question?

Also, when you ask a question, it appears you are trying to avoid answering the lawyer’s question. There is only one exception: you must ask the attorney to repeat or rephrase the question if you do not hear the question, or do not understand the question. Be courteous and attentive to the opposing attorney.

How to conduct yourself in court?

Courtroom conduct: When you are sitting in the courtroom, please conduct yourself with dignity. Never make faces or remarks when someone else is testifying. Do not roll your eyes, shake your head, put your head in your hands, or make any other gesture that is in response to a witness’s testimony.

What happens if you don't tell the truth?

TELL THE TRUTH: The one most completely devastating thing that can happen is for you to lie regarding some element of the case. You may be assured that the other side will investigate thoroughly and discover the untruth. It only hurts the case if you do not tell the truth

What do you wear to court?

Men should wear a shirt with a collar and slacks. No jeans or t-shirts.

Do you shampoo your hair the night before your testimony?

Men should have their side-burns and mustaches trimmed, as well as a neat haircut. Both men and women should have their hair combed so it is out of their eyes. Do not wear sandals or loud shirts or loud blouses.

What does it mean to be a witness?

When you are acting as a witness, you will be dealing with two attorneys (the prosecution and the defense) each of whom have a legal obligation to do whatever is in the best interest of their client, even if this means attempting to trap you into a lie or spin your involvement in the event to appear differently than the truth. Having an attorney of your own will help protect your interests throughout this experience.

What happens if you give inaccurate information to the court?

When you are a witness you will need to swear to tell the truth, the whole truth, and nothing but the truth, and the courts take that very seriously. Having an attorney with you can help ensure you are answering honestly so the courts don’t think you are lying or withholding information.

How to deal with an angry witness?

A witness who is angry may exaggerate or appear to be less than objective, or emotionally unstable. Keep your temper. Always be courteous, even if the attorney questioning you appears discourteous. Don’t appear to be a “wise guy” or you will lose the respect of the judge and jury.

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 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.

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.

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.

When does a tribunal have proper objection?

1. In particular, " [t]he tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness ," and the opposing party has such an objection "where the combination of roles may prejudice that party's rights in the litigation.". Id. § 3.7 cmt. 2.

Can a judge be unfairly influenced by a lawyer's dual roles?

It is equally unlikely that a judge, as compared to a jury , will be unfairly influenced by the lawyer's dual roles."). Some courts have held that the attorney testimony rule applies to affidavits as well as testimony at trial.

Can an attorney be disqualified for a summary judgment?

However, in general, courts appear to be reluctant to disqualify an attorney for violating the attorney testimony rule solely on the basis of statements made in an affidavit in support of summary judgment, even where the attorney's statements go far beyond merely putting documents before the court.

Can an attorney's affidavit be used in a summary judgment motion?

It is well established that an attorney's affidavit can be used, in connection with a summary judgment motion, for the simple purpose of placing documents produced in discovery before the court. See, e.g., United States v.

What is threatening a witness?

threatening a witness with physical violence or property damage. threatening the witness's family members or loved ones, and. preventing a witness from attending a legal proceeding, such as a court hearing or deposition. Some states' statutes criminalize intentionally influencing a witness by any means.

What happens if a friend threatens a witness?

If a relative or friend of the defendant threatens a witness or someone involved in or supporting the prosecution tries to bribe a witness, for example, both have committed witness tampering. If the defendant is involved in witness tampering committed by another person, he also can be charged with a crime.

What happens if you are charged with witness tampering?

If a charge of witness tampering or intimidation is filed, the prosecutor will have to prove beyond a reasonable doubt that the accused intended to influence the witness's testimony and engaged in acts listed in the state's witness tampering or intimidation statute.

What is the first type of statute that requires a witness to testify in your favor?

Others require a use of force, threat of force, or use of intimidation or coercion. Under the first type of statute, simply asking a witness to testify in your favor constitutes witness tampering. The other statutes require that the person accused actually threatened or intimidated the witness.

Why is it important to not have contact with witnesses?

In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending.Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.

What are some examples of bribes?

Examples include: asking a witness to testify in a certain way, to lie, to not testify, to not report a crime or to not cooperate with police. offering a witness a bribe (money, material goods, or some other benefit) threatening a witness with physical violence or property damage.

What does it mean when an employer threatens an employee?

An employer could threaten an employee's job or promise a promotion if the employee will testify in a certain way or refuse to testify. A witness also could be threatened with harm to his business or reputation.

What does the defense do when the victim testifies that he is a peaceful person?

If, for example, the victim testifies that he is a peaceful person the defense could, on cross examination, introduce evidence to dispute this testimony. If the defense were to introduce evidence that an alleged victim was the first aggressor in an assault case, for example, the prosecution could introduce evidence of the alleged victim’s character ...

When is the character of an alleged victim admissible?

In a criminal case the character of an alleged victim is admissible when and if the accused introduces it during his testimony or the prosecution is put in a position to rebut an allegation made by the defense.

Is a witness admissible in a trial?

Generally, the character of a witness is not admissible at trial whether it be the accused himself or a witness called by either the prosecution or the defense. There are exceptions, however, to this rule and it is important that your defense attorney investigate the backgrounds of any witness called to trial to avoid a surprise which could be ...

Is witness impeachment a federal rule in Pennsylvania?

The rules regarding witness impeachment and character evidence are more restrictive in Pennsylvania then they are in the federal courts. Pennsylvania’s state courts must follow the Pennsylvania Rules of Evidence while the federal courts, including those within Pennsylvania, must follow the Federal Rules of Evidence.

Can an attorney cross examine a witness?

In the federal system, for example, an attorney is permitted to cross examine a witness regarding certain incidents in their past as long as the incident is regarding their character for truthfulness or honesty.

Do attorneys work with investigators?

In most cases an attorney will need to work with an investigator who can discover information beneficial to a case. While investigative fees are normally separate from legal fees, the benefit obtained from an investigation is more than worth the financial investment. In closing, the character and credibility of witnesses at trial is critical ...

Is a witness's arrest record admissible in Pennsylvania?

In Pennsylvania, for example, a witness’s arrest record, even a record involving a crime of di shonesty, is generally not admissible if that arrest did not result in conviction. While the defense counsel may still attempt to introduce such evidence, a court more than likely will not admit it based on the highly prejudicial information and ...

What is the court requirement for a lawyer to disclose a witness's statement?

The court may require that the lawyer disclose the statement to the witness during the witness’s trial testimony, including the circumstances under which it was made, and give the witness a chance to admit or deny it. For example, suppose a witness to a fight testifies in court that the victim threw the first punch.

How to impeach a witness?

Impeaching a Witness Through Prior Inconsistent Statements. Confronting a witness with that person’s own statements that are at odds with the person’s testimony is a very common way to impeach the witness. But the opposition can’t just introduce the statement without giving the witness a chance to explain. The court may require that the lawyer ...

Why do the prosecutor call the bar patrons to testify?

After giving the witness a chance to explain them, the prosecutor will call the bar patrons to testify and will argue to the jury that because the bystander described the incident in inconsistent ways, he just can’t be believed.

Why do people not respect the oath they take before testifying?

People who have previously broken the law might have such disrespect for the rule of law that they will not respect the oath they take before testifying—so goes the rationale that underpins the ability of the opposition to challenge that person’s credibility by pointing to a past criminal conviction.

What does a plaintiff do in a business case?

The plaintiff may introduce evidence of the business dealings between the two people and show how the outcome of the case will directly affect the witness. For this reason, the lawyer will argue, the witness’s testimony ought not to be believed.

What does a witness tell the jury?

Witnesses who take the stand implicitly tell the jury, “I’m a truthful person, you can believe me.”. Opponents can challenge this assertion by introducing evidence to the contrary, calling witnesses who will testify that the person’s reputation for truthfulness is woefully lacking.

Can the prosecutor impeach a witness?

The prosecutor, of course, will want the jury to disregard this witness’s testimony in court, which (if believed), would give the defendant a self-defense argument. So the prosecutor will want to impeach the witness and will do so by questioning the witness about his statements at the bar.

Speed

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.

Pleadings

Many experienced litigators know that they can play tricks with the pleadings. There are many rules that plaintiffs must follow. They must usually plead as many of the claims as they have and request specific remedies to prevent being barred from making these requests later in the process.

Service of Process

Another trick that defendants play is to try to avoid service of process. 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.

Discovery

Discovery is a common area for potential tricks. Overly broad requests may result in more information being provided than necessary.

Expert Witnesses

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.