MY TRIP TO MIAMI............by Jesus Rabinowitz 
Wednesday, July 6, 2011, 08:16 PM
Posted by Administrator
I went, today, with a friend of mine to Immigration Court. I didn't go as her laywer...but as her driver. I am fairly good at finding Miami....even early in the morning.

She was there, with her family, to have an asylum hearing, After a lot of argument, the Immigration Judge was ready to hear evidence. I waited for my friend's lawyer to say "I call my client." or something like that. He didn't seem to know that was what he was supposed to do. Once she finally made it to the witness stand, he didn't know what to ask her. "I'm going to ask you some things about your application," he said...then he rambled on without a question.

I thought all lawyers (and all TV viewers) knew how to question witnesses. Now, having found out that some may not, I offer this guide. I apologize in advance for the complexity.

#1---Here is how to do DIRECT EXAMINATION (questioning witnesses that you call to support your case..with the kind of question where you aren't allowed to suggest the answer...e.g. "Then, he hit you in the face with the green baseball bat, right?" ...remember "Objection. Leading"? My example IS a leading question.)

Ask these questions instead of a leading question and you are good to go:

a) What is your name?
b) Where do you live?
c) On (insert date or time or some simultaneous event...like "During the fireworks..." or "sometime in late December") did something unusual happen?
d) What?
.......when the witness stops talking follow up with:
e) What happened next?
f) Then what happened?
......when you are done, say:
g) Thank you. No more questions.

The Judge will be thinking "This guy/woman sure knows how to do direct. He/she will be partner with a big firm, soon."

COMING SOON TO THE BLOG: Cross Examination.

See you then....aloha.
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