Comments on: Stop Leading Your Witness!!!

By: Kalpin Shah

Kalpin Shah — Sun, 30 May 2010 00:26:31 +0000

Hi Sherman Texas Atny:
actually the judge just smiled at me like “you sneaky lil bugger” and moved on…

But as always, every tactic move must be assessed according to the judge we are in front of.

By: Sherman Texas Attorney

Sherman Texas Attorney — Sun, 16 May 2010 20:39:45 +0000

Interesting objection Kalpin. Letting the jury know what the other side is doing, without appearing obstructionist. Have any Judges been irritated by this tactic?

By: Kalpin Shah

Kalpin Shah — Wed, 05 May 2010 13:18:55 +0000

Great reminder… basically do everything in direct which you should never do in cross & vice versa.

Yes, our Prof. Paul Millich [@GSU] says it leads to a dis-credible witness. Jury doesn’t believe the testimony because most of it is coming from the lawyer’s mouth… in fact Prof. Millich suggests that when the opposing counsel is doing that, let them — it hurts their own credibility. But I learned from Attorney David L. Wolfe to do something like this:

–
Q: Isn’t it rare for a fingerprint to stay on the coin for a long period of time?
ME: Objection thats a leading Q… But its ok, thats fine…

That tells the jury that attorney is not playing by the rules, and re-emphasizes the dis-credibility of what is being said while making you look like you have nothing to hide.

By: Kyair Butts

Kyair Butts — Mon, 03 May 2010 19:39:43 +0000

Do you find that it can be annoying if a witness were to parrot the attorney? As in using the phrasing from the question to begin the answer? Does it help in real life (I’m doing college mock trial) to tag or signpost your questioning for the benefit of the jury and the witness? Does leading your witness ultimately lead to credibility issues for your case, you and your witness(es)? Thanks for the help. Nice post.

By: James

James — Fri, 30 Apr 2010 12:19:57 +0000

Elliott, I to was in court this week let me ask you a question does this still apply to a situation that has to many hands in the pot as they say? With the Who, What, When, Where, Why? Please explain like you said.
The case I was watching the attorney was doing a great job in controling the witness but, I did not hear those words nor did it seem the witness was allowed. This situation in learning was a property damage case and alot happened to witness in the blame game from the opposing counsel (SF) and the judge stated it sounds like more like bad faith to him. As this witness talked I felt for the guy but, I felt he left things unsaid. During this case, it was learning experience because this guy did everything the opposing counsel requested openly and freely and only to be used against him. To my understanding the vehicle was not repaired correctly after many attempts until finally it was surrendered. It could not pass safety inspection. With the blame game like this, isn’t best not to say who, what, where, when, why, because it involves so many hands.