Thursday, February 14, 2008

Really?

There is no doubt that being a good trial lawyer is difficult. After working in this courthouse for the last 18 months, I have seen some really good lawyers and some really bad ones. The one thing that most of the bad ones have in common is that they are too nitpicky. In their attempts to make a witness look foolish, they make themselves (and consequently their clients) look like fools. Here is one example from yesterday:

"You said that when you found out that your new business was being relocated, you told a freind that it was your 'worst nightmare', is that correct?"
"Yes."
"Was it a worse nightmare than a death in your family?"
"No."
"Was it a worse nightmare than getting in a car accident and losing your leg?"
"No."
"Was it a worse nightmare than being diagnosed with cancer?"
"No."
"Well then why would you say it was your 'worst nightmare'?"
"It's a figure of speech, Mr. ____. I didn't mean it literally."

Seriously, did this attorney actually think he would discredit this woman with these questions? That the jury would think "Oh my! She lied when she said worst nightmare! She's a liar! Defendant wins!" Instead, I believe, the jurors are thinking "What a douchebag! Has he never heard of hyperbole? Where'd this guy go to law school???"

Just my personal opinion though. Maybe these jurors really believe people who say they are so hungry they could eat a horse. Maybe one or two of them have actually eaten a horse themselves. I dare say, witnessing such a thing might very well be my worst nightmare - well except for the whole losing my leg thing, that would suck too.

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