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Tips From a Lawyer on How to Approach a Trial

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So let's discuss

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what happens when you're actually in the

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courtroom moving forward.

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And this can be at a pretrial hearing or actually at trial.

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And from a plaintiff's perspective, what, um,

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I think that is most helpful to me is if you are, um,

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hostile, arrogant, um, you know, you have sort

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of have an air of contempt about the whole process.

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And why am I having to sit through

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that, that makes me happy.

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Juries don't like that.

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The, the plaintiff,

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or excuse me, the defendants that are, uh, most troublesome

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to me are the ones that come in, they're polite,

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they're well dressed, they're respectful, they sit quietly,

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they make eye contact with the jury.

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Um, it's clear they're engaged in the process.

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They're helping their lawyer.

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Um, they're respectful of me

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or the plaintiff's counsel as well as the plaintiff.

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Um, they're not making faces,

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they're not, you know, sneering.

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Um, and believe me, all of those things do happen.

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And sometimes you need to understand that lawyers will try

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to go you into doing those things,

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and this is the time to let it roll off your back,

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let it go, and just sit there and be polite and respectful.

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Um, and the attitudes that I think can creep into these,

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uh, courtroom hearings, whether it's pretrial

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or during trial, is this attitude of, you know,

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why do I have to be here?

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The, these rules don't apply to me. I did everything right.

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Why are you questioning me?

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Um, the other attitude that I see that is helpful to me

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representing my client is this attitude of arrogance.

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Or, you know, I know more than you,

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I've been to medical school.

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You've not been to medical school.

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Who are you to question me about what happened here?

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Um, you never want to assume that everyone in

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that courtroom isn't well educated about the medical

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topics at hand.

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So that's not a good attitude to have.

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Um, if you are not, uh, if you show hesitancy

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or you don't wanna answer the questions,

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that's also not a good look for you.

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So you wanna sit quietly, do everything you can to answer

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what's being asked of you, whether it's

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by plaintiff's attorney or defense attorney, your,

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your counsel, and understand that if there's a problem

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with a question, your attorney is going to be objecting.

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They're gonna jump up and say, objection.

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Uh, you know, let's have a, let's have a discussion

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with the judge on whether or not you have to answer.

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And that's when you wanna sit back

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and listen to what's happening.

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And you can also take clues from that.

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But, you know, to have this attitude that, oh, you know,

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why do I have to answer to you is not a good one.

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Um, the other thing, uh, is showing, you know, disrespect,

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contempt, uh, for the process

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or for anyone in the courtroom.

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Judge, you know, jury, uh, opposing counsel, plaintiff,

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I get that a lot, um, is not a, again,

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is not a good look that you wanna have.

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And the other thing is, um, don't underestimate

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the opposing counsel, the one that's going

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to be cross-examining you in the courtroom

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about what happened.

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Um, having an attitude of, of disrespect

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or contempt is not a good look.

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And juries do not like that.

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And juries are paying attention.

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They catch on pretty quickly.

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And you can tell that, um, uh, they're watching you.

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They'll pass notes to the judge

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and say, can we have a clarification?

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So you wanna be, uh, aware that they're very engaged

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and your presence

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and how you address everyone else in the courtroom is an

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important piece of this.

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So here's a little clip that kind of exemplifies

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what we've been talking about, which is this attitude

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of sort of arrogance.

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I don't need to answer to you. I know what the rules are.

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Um, and anyway, you, you're not gonna pin me down on

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what happened because they're, they're more like guidelines

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and it's something that we kind of use

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and joke about, um, in these cases.

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Um, so take a look.

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You have to take me to shore according

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to the code of the order of the

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Reference.

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Your return to shore was not part

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of our negotiations nor our agreement.

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So I must do nothing. And secondly, you must be a pirate

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for the Pirate's code to apply and you're not.

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And thirdly, the code is more

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what you call guidelines, the rules.

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Welcome aboard the Black Pearl.

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