Thomas Stilp, JD, MBA/MM, LLM, MSC
Some things are better left unsaid. Attorneys usually realize this right after something is said in open court.
We are willing to poke fun at ourselves.
Attorney: She had three children, is that correct?
Witness: Yes.
Attorney: How many were boys?
Witness: None.
Attorney: Were there any girls?
Attorney: How did your first marriage end?
Witness: By death.
Attorney: And by whose death?
Attorney: What was the first thing your husband said to you that morning?
Witness: He said, “Cathy, where am I?”
Attorney: And why did that upset you?
Attorney: This “myasthenia gravis” – does it affect your memory?
Witness: Yes.
Attorney: And how does it affect your memory?
Witness: I forget.
Years ago, as a young attorney, I advised a witness to answer questions if the witness was certain, otherwise, tell the opposing attorney that “I don’t recall” – “Don’t guess,” I said. “It is not a test. You don’t get a grade for the number of right answers. State only what you know.”
The witnesses’ testimony when cross examined by Opposing Counsel went something like this:
Attorney: You work for a company – for whom do you work – give me their corporate name?
Witness: I don’t recall.
Attorney: How long have you worked there?
Witness: I don’t recall.
Attorney: What is your actual job title?
Witness: I don’t recall.
Attorney: How may people report to you?
Witness: I don’t recall.
Attorney: How many people are in your sales department?
Witness: I don’t recall. . .
After multiple answers with “I don’t recall,” we took a recess.
With over 150 trials, we’ve seen about everything. If you need counsel who is experienced and knows how to deal with good and, as life deals the cards, not-so-good witnesses, and still win your case, please call!
image cred: https://www.swapmeetdave.com/Humor/Lawyer.htm
