Originally published by 1p21.admin.
In part one of the
Law Office of Bryan Fagan’s series of blog posts on in court testimony we discussed the importance
of always telling the truth on the witness stand as well as how understanding
the question being asked of you is an underrated yet critical part of
testifying well. If you have not yet done so I highly recommend you go
back and read yesterday’s blog prior to reading today’s.
In today’s blog we will go over how to actually answer the question
being asked of you and how to control yourself when answering questions
from opposing counsel that are intended to frustrate, annoy or even anger you.
How answering the question that is asked can be easier said than done
“Do you know what time it is?” This is a question that I will
ask a client who is preparing to testify in a few minutes. The response
that I receive from clients almost without fail is a peek at a clock or
their watch and then the actual time of day. While in most scenarios this
is exactly the response that you would want to give in court it is not.
Let me explain why.
The question I asked is intended to illicit a response that, while correct,
is not a correct response to the question being asked of you. Look at
the question again. I was literally asking the client if he or she knew
what time it was. I wasn’t asking what time it was. There is a difference.
The answer to my question should either be “yes” or “no”.
Providing the actual time of day jumped ahead a question. I may have wanted
you to tell me the time eventually but I needed to make sure you knew
the time first in order so that I could ask you what specific time it was.
This is an important lesson in a few ways. When your attorney is asking
you questions it can be easy to see where he or she is trying to get to
in terms of getting responses out of you. For one, you and your attorney
probably prepared in the days prior to the hearing so you know what your
attorney is going to ask. Secondly, witness questions are intended to
be simple and brief so that the witness does not get confused and their
response stays succinct and easy for the judge to follow.
That doesn’t mean that you can try and jump ahead and answer the
“ultimate” question that your attorney is trying to get to.
Lawyers often times need to lay what is called a “foundation”
in order to introduce evidence or merely to bring a judge up to speed
on an issue. By answering a question that may be asked in a few moments
you run the risk of either destroying the narrative for the judge or harming
your attorney’s ability to have documents introduced that require
your testimony to assist.
Stay calm and answer on
It’s no secret that attorneys will often go to whatever lengths are
legal and ethical in order to win the case and improve the position of
their client. That doesn’t mean that the lawyer is a nasty or mean
person, but it does mean that he or she is obligated to represent their
client to the best of their ability. Taking advantage of an opposing client
who is too eager to respond to a question or is otherwise apt to get flustered
on the witness stand is part of this process.
Just as when your attorney is asking you questions, it is important to
always answer the specific question that your opposing counsel is asking
you. When you answer a question that wasn’t asked with your attorney
he or she can always double back and put you back on course with the line
of questioning that is being asked of you. An opposing attorney will not
be so kind. Answering questions that aren’t asked of you likely
means that you are providing information that does not necessarily need
to be a part of the record. Even if the other attorney seems nice as pie,
you should assume that the questions being asked of you are intended to
hurt your position and help their client’s. Again- this isn’t
the trait of a nasty, sneaky lawyer. It’s just part of an adversarial
hearing. Listen closely to the question being asked of you and answer
that question honestly. Providing excessive information, especially to
the opposing attorney, can cause the lawyer to shift gears and ask a line
of questions that could lead to a flood of negative information coming
out on any number of subjects.
Finally, part of staying calm while being questioned means not getting
agitated or angry by a question from the other attorney.
Family law cases are intensely personal and the stakes are very high as a result.
If you exhibit the traits of a person that is easy to upset and agitate
you can expect that the opposing attorney will seize on the opportunity to do so.
We discussed the importance of credibility when answering questions as
far as how the judge views you. Part of your job in a contested family
law hearing is to prove that you can act in the best interest of your
child under all circumstances. No better time to show that you can do
so than when you are under pressure on the witness stand. Don’t
take their questions personally, be respectful and answer the question
as asked. If a question “crosses the line” your attorney will
address that with the judge on your behalf.
Contact the Law Office of Bryan Fagan today for a free Family Law consultation
We thank you for you the opportunity to discuss the important issue of
in court testimony. If you have any questions on this or any other area
in family law please do not hesitate to
contact the
Law Office of Bryan Fagan. A free of charge consultation is available where your questions can be answered.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://ift.tt/2E3tNnr
via Abogado Aly Website
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