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Temperament and Tone at Trial

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So these are a few examples of, of things

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that you don't want to do in a courtroom.

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Oddly enough, there are things

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that happen in a courtroom all the time.

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There are things that help me, uh,

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as in representing my client.

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You know, I tell my client, uh, going through the,

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the trial process, deposition trial, court hearings.

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Look, you wanna sit there, you wanna be respectful.

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As difficult as it is for you,

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I do not wanna see any nasty, you know,

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faces on you come off of you.

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I don't not wanna see you sneer, um, you know, scoff.

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I don't wanna see any kind of quiet body language

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that projects a negative feeling about the defendant.

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And you may be very angry at this

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physician for whatever reason.

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I don't wanna see it. I don't wanna see nothing

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but politeness and kindness.

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Um, as we move forward,

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and I tell people this, that, that the two main things why,

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while, why lawyers wanna talk to you

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and see you, especially in deposition

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and during trial, is they wanna see if they can get you

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to sort of change your testimony.

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Can I, can I put little chinks in the armor of

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what the defense is here,

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or what the plaintiff's case is here?

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But the other piece of it is

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we are constantly evaluating you as a witness,

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and the jury is going to do that in a courtroom.

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So you want to be well prepared

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before you get into that courtroom with a jury to know how

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to conduct yourself.

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But these are things as, as, as odd as it may seem,

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these are things that happen in the courtroom all the time.

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So, you know, tact is for people who aren't witty enough

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to be sarcastic, and you wanna be tactful always.

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So this is, this is an actual in court transcript.

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Um, in a case, a medical legal case.

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I believe it may have been a, a criminal case,

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but, um, the lawyer literally asked the pathologist,

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the forensic pathologist on the stand.

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So then is it possible

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that the patient was alive when you began the autopsy?

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The witness, no lawyer.

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How can you be so sure, doctor witness,

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because his brain was sitting on my desk in a jar

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and the lawyer asked,

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but could the patient have still been alive?

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Nevertheless, and here's the piece, and,

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and it's completely reasonable,

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but it's not something you wanna do in a courtroom.

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The, the pathologist on the stand answered, yes,

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it is possible that he could have been alive in

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practicing law somewhere.

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Funny, just not the appropriate time to do that.

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And here's a little clip.

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And as a, as, as a woman, uh, you know,

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medical malpractice attorney, I have literally been called

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sort of every condescending name in the book.

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Um, honey sweetheart, doll, babe Sugar,

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and it never plays well.

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So, again, acute scene,

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and it may seem farfetched,

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but it happens all the time, even, even now.

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Um, so be aware of this

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and avoid the urge to do that.

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There are some things in this world that go way

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beyond human understanding, things that cannot be explained,

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things that most people don't want to know about.

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That is where we come in.

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So what you're saying is that the world

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of the supernatural is your exclusive province,

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Kitten. I

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think what I'm saying is that sometimes s**t happens.

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Someone has to deal with it. And who are you gonna call?

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Kelly P. Yousem, JD

Plaintiff’s Attorney

Stephen D. Brown, MD, FACR, HEC-C

Associate Professor of Radiology (Part-time)

Boston Children's Hospital and Harvard Medical School

Tags

Non-Clinical