whats it called when a lawyer records you answering questions

Do lawyers ever ask a question they don't know the answer to?

Originally Answered: Lawyers are usually told to never ask a question they don't know the answer to. What do they do if a witness gives an unexpected answer to a question?

Why would a lawyer ask a witness information they already know?

Asking a witness about information a lawyer already knows will prevent and therefore 'protect' a client from having unknown information introduced which could influence a negative outcome, i.e., information unvetted by pretrial interviews is not information lawyers want introduced via a 'blurt' into testimony.

Why won’t my lawyer Call Me Back?

To figure out why your lawyer may not be returning your calls, try and deal with the situation by writing them a letter or email or even faxing their office explaining your issues with the current—or lack thereof–communication and asking for a phone call or a meeting to restore your relationship.

Can a lawyer tell you confidential information?

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.

What is it called when a lawyer requests information?

Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to at least one party to the lawsuit anyway.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is legal questioning called?

Search Legal Terms and Definitions Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

What is an example of legal jargon?

Examples include mediation, arbitration, and conciliation. Annulment - a case brought seeking to declare marriage void. This is a legal action and not the type sought for religious reasons.

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.

What is the Brady Rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What is it called when a lawyer questions a witness?

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What are interrogatories used for?

Interrogatories are a form of discovery, which allows a party to proceedings to administer a series of written questions on another party. Provided the interrogatories have been properly administered, they must be answered to the best knowledge or belief of the party who is the subject of the interrogatories.

What is examination in law?

examination, in law, the interrogation of a witness by attorneys or by a judge.

Why do lawyers use jargon?

“Legalese” is one way a skilled lawyer can make a document more concise while also protecting the client from future battles over word-meanings. Certain words and phrases have very specific meanings in the legal context.

Do lawyers use jargon?

If you're uninitiated, jargon can sound like an entirely different language, and that's especially true for lawyer jargon. Not only is law already a notoriously complicated field that requires years of schooling to master, but lawyer jargon is often quite literally in a different language.

What are the jargons of the lawyers?

Lawyer Lingo – Common Law Jargon DecipheredObjection. “Objection" is used to protest when an opposing lawyer asks an inappropriate question of a witness. ... Sustained. ... Overruled. ... Withdrawn. ... Rebuttal. ... Prima Facie. ... Plea Bargain. ... Adjournment.More items...

What to do when a party is unavailable to testify at trial?

Discover strengths and uncover weaknesses in your own case so you can adequately prepare for settlement negotiations or trial.

What is an interrogatory in law?

In legal terms, interrogatories are formal written requests — in the form of questions — issued by a party in a lawsuit to another party. Requirements and rules for interrogatories differ among jurisdictions. Here are some general characteristics of interrogatories to keep in mind: The receiving party must respond in writing to ...

What is a pro se lawsuit?

If you are representing yourself ("pro se" or "pro per") in a lawsuit, your opponent will likely serve you with a set of interrogatories — requiring that you prepare responses and assert any applicable objections. Additionally, you may want to prepare your own set of interrogatories to discover important information from your opponent — ...

How to avoid embarrassing typos in interrogatories?

This one simple step can help you avoid embarrassing typos or confusion that might allow your opponent to object to your interrogatories. Format the interrogatories properly according to the court rules in your jurisdiction.

How to prepare for an interrogatory?

You'll want to prepare interrogatories that are polished, professional, and proper. Use simple English when asking your questions. Now is not the time to show your opponent how you have mastered the archaic language called "Legalese" — just write your questions in everyday language. Avoid ambiguous language.

Why do we use interrogatories?

Interrogatories can be used to: Discover strengths and uncover weaknesses in your own case so you can adequately prepare for settlement negotiations or trial.

Can an opposing attorney drag the discovery process out?

If you are representing yourself, the opposing attorney may take advantage of your lack of discovery know-how to drag the discovery process out as long as possible — which might slow your progress and require you to spend additional time and effort countering your opponent’s stalling tactics.

How to represent you in court?

represent you competently, zealously, and within the bounds of the law. keep conversations with you confidential, except in specific and rare occasions. communicate with you in a timely and effective manner. keep you informed of developments in your case.

What happens if a lawyer violates the rules?

If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit.

How to sign a retainer agreement?

If you signed a retainer agreement when your hired your lawyer, it may include specific duties that you owe your lawyer. Because the retainer agreement is a contract, you are legally bound by its terms. In general, clients have the following duties: 1 Be truthful with your lawyer. 2 Cooperate with your lawyer and respond to requests for information in a timely manner. 3 Attend meetings and legal proceedings, such as a deposition or mediation. 4 Be courteous to your lawyer and his or her team. 5 Don’t ask your lawyer to do anything illegal or unethical. 6 Pay your legal bills in a timely manner.

What are the rules of professional conduct?

Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them—from a simple warning to disbarment (losing the license to practice law forever).

What are the duties of a retainer?

In general, clients have the following duties: Be truthful with your lawyer. Cooperate with your lawyer and respond to requests for information in a timely manner. Attend meetings and legal proceedings, such as a deposition or mediation.

How to be courteous to a lawyer?

Be courteous to your lawyer and his or her team. Don’t ask your lawyer to do anything illegal or unethical. Pay your legal bills in a timely manner. These duties are often implied as part of the attorney-client relationship, even if you didn’t expressly agree to them in a retainer agreement.

What is attorney-client privilege?

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.

Why do witnesses blurt out information?

The rationale for this suggestion was that witnesses can blurt out all kinds of information, and because such 'blurts' can contain communication undesirable for one side of a conflict, it is often information a lawyer might not want a judge and/or jury to hear.

Do lawyers ask questions to which they don't know the answer?

Lawyers are often told to never ask a question to which they don’t know the answer. What do they do if a witness responds to a question with an unexpected answer?

What does it mean when a court order requires you to disclose your patient's information?

If you received a court order for the release of patient information, it compels disclosure of the records. What this means is that a judge has determined that your clients records must be disclosed as part of a legal proceeding and that this disclosure is consistent with the law. While you might disagree with the order and believe ...

What is the confusion in a patient file?

Many a psychologist has been confronted by the ever-present confusion that seems to take place when patient files are requested as part of a legal proceeding. This confusion frequently leads to a variety of questions that revolve around issues of whether these requests mandate disclosure, what records must be disclosed and whether ...

Should you assert privilege on your clients' behalf?

If this occurs during court testimony, when you are on the stand you should assert privilege on your clients behalf and the judge will make a ruling at that time. Needless to say, you should comply with that ruling since it is considered to be a court order.

Can a subpoena be released without a lawyer's authorization?

Therefore, you must contact the lawyer seeking the information and explain that without an authorization from a client , the records cannot be released.

What is the most important weapon in a lawyer's arsenal?

One of the most important weapons in a lawyer’s arsenal is “argument”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words.

Who said a judge is like an ill tuned cymbal?

Even though quite a long time back Francis Bacon, then Lord Chancellor, commented about garrulous Judges that a much-talking Judge is like an ill-tuned cymbal, in real life they are the norm.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.