With this handy illustration, you will be able to more-easily explain hearsay to non-lawyers. You are welcome!
evidence
The court record, although potentially expensive to reproduce, can be a lawyer’s best friend. This is especially true in criminal cases, where clients can later assert an attorney’s ineffectiveness. The court record is an objective transcript of what actually happened. That means it is even better than your own notes when fighting claims for malpractice or ineffectiveness. Beyond its use as a defense against future litigation, a well-preserved court record can also prevent waiver and assist appellate courts in understanding the trial.
When lawyers think of jury trial objections as an opportunity to school opposing counsel on the Rules of Evidence, they do their clients a very serious disservice.
This is because jury trials aren’t ultimately about what evidence is admitted. They are about who tells the more compelling story. Objections only make it more difficult to keep the jury headed in the right direction.
Even in the heat of battle that a trial can seem to be, lawyers do well if they keep in the front of their minds this fact: the jury has no idea what the Rules of Evidence are, or why they even exist. They just want a story they can believe.
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Make sure you are ready to handle objections. And make sure you know which objections are proper and which are improper. Once you are armed with that information, you can keep the deposition proceeding smoothly.
No matter how many motions you file, or how well prepared you are during trial, objectionable testimony will come up. This testimony could be prejudicial to your client, especially in front of a jury, so it is imperative that you know how to properly object during a trial. I see attorneys flounder with objection arguments on a regular basis, which makes them look weak in front of a judge or jury, even if their objection is spot on.
Are you completely ignoring social media? Are you blocking access to social media sites at your firm? Are you using social media to get evidence for trial? If you’re not careful, you may be violating your state’s ethics rules.
You’re taking your first (or tenth) deposition. Make sure you are ready to handle objections. And make sure you know which objections are proper and which are improper. Once you are armed with that information, you can keep the deposition proceeding smoothly.
Face it, depositions can be tedious. But they are so important in litigation. Deposition testimony can make or break a case.
When I was preparing to take my first deposition as a new lawyer many years ago, I sat down and read a book (no internet back then) that discussed deposition techniques. I was surprised to learn that very few objections are proper in a deposition.
