OBJECTION! Learn the job. 
Tuesday, December 15, 2015, 12:17 PM
Posted by Administrator
Yesterday afternoon, before we left for the fancy seats personal injury lawyer LANCE IVEY from Lytal, Reiter, gave us for the Giants/Dolphins game, I had a brief and uneventful foreclosure hearing. The hearing was about a Stipulation we'd entered into about when/where/how to enter a Final Judgment of Foreclosure. My client, the homeowner, landed up on the witness stand.

And, there is an idea/concept/paradigm/protocol to follow when witnesses are testifying and saying things the lawyer on the other side believes are non-responsive/inadmissible/inappropriate....I will tell you what it is. It is not complicated....you merely have to start by saying one (1) word. Here it is: OBJECTION. You probably guessed this from the title of this entry or learned about the word watching television. And, you would think lawyers would know about the word.......but (and I don't limit this to the lawyer representing the bank at our hearing)...frequently, they don't.

Yes, you are supposed to say "Objection" and then state the grounds of your objection. For instance "Objection, leading."; "Objection, calls for hearsay."; "Objection-legally irrelevant." "Objection-logically irrelevant." (Okay, I'm showing off, lawyers have to think pretty quickly to distinguish between these and "Objection-irrelevant." is good enough.) Though you are supposed to state the legal grounds for your objection, really, everyone would be pretty happy if the lawyer would at least get out the word "Objection." Yesterday, my client was rambling and I was hoping the other lawyer would object and that would help get her back on track ("Objection, the answer is no longer responsive to the question/rambling."). In the end, I was forced to interrupt my own witness and I find that tacky.

Yesterday's lawyer thought the correct way to express his frustration with the witness was to say to the judge: "Judge, the witness really doesn't know about this, the documents are not in evidence...." Since he didn't say "Objection" before his commentary, my client continued to talk.

Did the lawyer not watch enough TV growing up? Did he not ever read a lawyer book? I thought of calling him, today, or emailing and saying, more or less "Don't take this the wrong way but we are all professionals and I am 30 years older than you, so, maybe you'll take this in the spirit it is intended......it is a good idea to use that "objection" word....you should try it".

But, he was kind of an ass.

add comment ( 18 views )   |  0 trackbacks   |   ( 3 / 560 )


<Back | 1 | Next> >>