My Photo

About Evan Schaeffer

Blog powered by Typepad

ccl

ga

« Geoffrey Fieger's Trial Practice Tips | Main | Geoffrey Fieger on Jury Selection: Don't Listen to the Answers »

June 29, 2005

Comments

Aaron

If you temper this advice with the maxim, "Don't ask a question unless you already know the answer", it becomes a lot less dangerous.

Eh Nonymous

As always when I see that maxim, I want to correct it:

It's, "Don't ask a question unless the answer can't hurt you." Which includes as a subset most of the ones in your advice, but is not coextensive with it.

Some open-ended questions are fine. Some open-ended questions where you don't know the answer are fine. Some blind but narrow questions are fine. It depends on what's involved.

And as always, be prepared for the answer to go wrong, and either interrupt (if it's allowed), make an objection, ask for help from the judge, or change the subject. The best trial lawyers are never caught off guard, even when they're caught off guard.

Also: Aaron, why the blog name? You're right more than twice a day, right? Oh, I see, you don't always post more than once a day. Well, once a day is par for the course... for a twenty-four hour clock.

A digital clock that's wrong is always wrong. After all, it is *never* Blinking 12:00, Blinking 12:00 o'clock.

Yeoman

There is something to Fiegler's advice in that witnesses that are rehearsed sound rehearsed. I usually address the topics with witnesses, and how testimony is presented, but don't actually give too many sample questions. I want them to sound natural.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Your Information

(Name is required. Email address will not be displayed with the comment.)

IT'S HERE!

  • A NEW BOOK BY EVAN SCHAEFFER



    How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground)

    Click on the book cover for details!

Search Trial Practice Tips