Category

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Redirect and Recross-Examination

After the conclusion of cross-examination, your lawyer has the chance to ask additional questions on what is called redirect. Redirect testimony is supposed to be limited to matters that were discussed during cross-examination. The object of redirect is to rehabilitate you in the eyes of the jury or to answer questions raised by the cross-examination. For…

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JURY INSTRUCTIONS AND DELIBERATIONS

The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…

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JURY INSTRUCTIONS AND DELIBERATIONS

The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…

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Argumentative

The objection that a question is argumentative is a powerful weapon in the trial lawyer’s arsenal. Attorneys tend to get quite carried away during cross-examination. This objection reigns in some of the more hotly worded questions. For example, the question, “Do you want this jury to believe that you were only going 25 m.p.h. at the time of the accident?” is argumentative and…

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Irrelevant

Irrelevant is a commonly made objection. A question is relevant if the answer really matters to the case. Conversely, a question is irrelevant if the answer does not make the facts more or less true than they would be without that answer.

Sometimes the answer may have some relevance to the case but would be so unfairly prejudicial that the judge will not permit it. For example,…

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THE DEFENSE CASE

When all your evidence has been presented, your attorney rests your case. The defense attorney may then ask the judge to dismiss the case for insufficient proof. This virtually never works, yet for technical reasons the insurance company’s lawyer often makes this request. Then the presentation of the defense case begins.

The first witness presented by the defense is…

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OPENING STATEMENTS

Jury trials begin with the attorneys’ opening statements. Your lawyer addresses the jury first. The defense lawyer can choose to address the jury immediately after your lawyer finishes or wait until you have finished presenting all of your evidence. Most defense lawyers open immediately after your lawyer’s opening.

Opening statements are an extremely important stage of…

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One of history’s most famous cases of medical malpractice involved President James Garfield.  Garfield was shot twice by frustrated office seeker, Charles Guiteau.  Garfield’s doctors malpracticed Vice President Chester Arthur into the Whitehouse.  One bullet lodged in the President’s torso.  Doctor after doctor probed the wound with unwashed fingers and instruments.  One is thought to…

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Dressing and Acting Appropriately

Since you are trying to make a favorable impression on the defense attorney, it is important to dress neatly and to treat all persons in the deposition room with courtesy and respect. There is nothing to gain by arguing with or insulting the defense attorney. After the deposition, this attorney will report his or her impressions of you to the insuranc…

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