Good lawyers never stop learning. Some valuable insights into trial practice and how to be a better advocate from your client can be learned in the heat of the moment—trial. In this blog post, it covers three valuable tips Dixon & Moseley, P.C. attorneys have learned over the last several months of trial. We hope they help you better understand inside courtroom, which is vastly different than what is depicted on television courtroom shows.
The first relates to objections. A large number of potential objections are unnecessary because the evidence in question will be admissible in a number of other ways. Thus, an objection potentially wastes court time, raises legal fees, and with enough lodged in a row may impact the judge to see a particular litigation and unreasonable or litigious. Good objections are important, but typically not frequent. Prudent lawyers use objections when a benefit for your case can be obtained or a detriment avoided, not just because the right to object exists. Failure to object is not a sign of a weak or unprepared lawyer.
Another temptation by litigants is to duplicate evidence by testifying about the issues, as well as admitting documents that solidify or bolster the point. For insignificant material or custodial expenses, admitting documents and eliciting testimony may drag on the trial unnecessarily. Prudence and a strong, clean and timely trial is ordinarily they best way to present a case.
Finally, many cases have strong emotional dynamics. Being emotional and putting emphasis on a wrong is acceptable, and indeed necessary in litigation. However, victimizing the other side by a hardline approach runs the risk of having that litigant (who may be the wrong-doer in whole or part) being seen as a victim by the court and less than favorable ruling. Judges are the ultimate arbitrators of this fine line.
We hope you find this blog post useful in understanding the courtroom process and proper decorum. Good lawyering is an art and a science and any one of the above variables may be perceived by a litigant to be a sign of a weak lawyer, taken out of context. We hope this blog post helps you better understand the inside working of a trial. This blog was written by attorneys at Dixon & Moseley, P.C. and is intended as general educational advice. It is not intended to be a solicitation for services or specific advice. It is an advertisement. Dixon & Moseley, P.C. attorneys handle a wide array of civil and criminal matters throughout the State.