The Lawyer's Little Red Toolbox ... #2
This week we offer a few more warning tips about the little red toolbox of tricks and traps lawyers use to throw you off track and put you at a disadvantage.
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Conversational Style: Winning lawsuits requires you to use words precisely to get certain facts (and only those facts) into the court's record. Lawyers will try to get witnesses (including you, if you are called as a witness in court or at a deposition) to forget what's important and, instead of concentrating only on the vital facts, get into a "conversation" with the lawyer. Never do it! The lawyer wants to get things off track, to confuse the court with useless information, or to make the court believe there is more to the case than there truly is. It's hard enough to win a case without being required to argue about facts that can have no bearing on the outcome. Yet, that's just what lawyers often do. When you are being questioned, answer as if you can see the words you say being typed onto a page for the appellate court to read, if you have to appeal. Speak slowly. Thoughtfully. Always count 1-2-3 before answering any question. Think about the answer and its effect on the record. And teach your witnesses to do the same! (More about this in our 24-hour self-help course.)
Court Reporters: There is nothing - absolutely nothing - more important than "making a record" of everything that takes place in a court proceeding. When you go to court without a court reporter to transcribe the proceedings, you open the door for the judge to do whatever he or she feels like doing - because the judge knows that without a transcript record there can be no appeal. Judges fear the record! Judges cannot be judged without one. We emphasize this in our 24-hour self-help course. NEVER go to a hearing or trial unless you are CERTAIN the proceedings will be transcribed AND that you will be able to get a certified transcript if the judge allows errors that hurt your case! If the lawyer on the other side assures you that a court reporter has been hired, DO NOT TRUST HIM OR HER TO BE TELLING THE TRUTH. Ask to know the name of the court reporter and MAKE CERTAIN they will attend. Otherwise, hire your own court reporter! Remember: You don't always need a transcript, but if you need one and don't have it, you're busted!
Citing Cases: More often than you might believe, lawyers cite cases without reading them! Lazy lawyers typically read only the "headnotes" that are added by editorial staff, without taking time to read the official opinions of the appellate court. Don't make this mistake! A few years ago opposing counsel filed a memorandum citing more than three-dozen cases none of which applied to the facts! If I hadn't taken time to read those cases to see what the appellate justices actually said, the lawyers on the other side would have prevailed with their ruse! Never assume the judge will read the cases cited by your opponent. Read the cases! Visit the following link to see the highlighted headnotes of an important case. The highlighted "headnotes" are not official and do not control the trial judge in any way! Read all your cases and all their cases, so you can argue effectively and win your lawsuit!
www.Jurisdictionary.com/CFMail/Images/PatsyCase.pdf.
That's just a few of the things you'll learn with our wildly popular, 24-hour step-by-step lawsuit self-help course. Get your own little red toolbox now with Jurisdictionary and learn how to fight courtroom corruption and win!
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... Dr. Frederick D. Graves
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