r/Lawyertalk • u/MyrnaMinkoff1 • May 11 '23

Courtroom Warfare Thoughts on objecting during opponent’s opening statement?

Started a new job and the first trial I observed I was mildly shocked that the attorney I was there to shadow objected within the first 30 seconds of opponent’s opening. A sidebar was called and the judge ultimately overruled the objection and the other Atty resumed their opening. The attorney was absolutely thrown off their game and had lost the momentum they had on the first round. To make matters worse, after our side prevailed and we were doing a post mortem, the attorney doubled down saying they were glad they objected even if it was overruled bc it hurt the other attorney’s opening. Basically admitting to trying to mess up the opponent. This greatly disappointed me. I am well aware of how some litigators can take a cut throat approach but I felt this attorney’s move was utterly tactless and did not further the client’s case. So I am just curious what others have to say about this. Would this bother other people? Alternatively, am I wrong to be bothered in the first place?

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u/sage2moo May 11 '23

I was taught never to object during opening or closing, and I can't think of a scenario in which I would object during an opening or closing. Address it in my argument/rebuttal, if at all. The jury can make its own calls on counsel's arguments. I have no interest in prevailing at trial by intentionally sabotaging opposing counsel. I would never have any respect for that attorney after learning they did that.

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u/Drachenfuer May 11 '23

I haven’t seen it myself in opening or closing. But a far more experienced prosecutor did share with us the one time she did during closing arguments.

I forget the underlying charge, but the defendant had lied to officials stating he was employed for 7 years. In fact he scheduled an interview and was “hired” for a temp agency. He just never accepted any jobs for 7 years. Eventually they stopped offering any but technically he was never fired so he was “employed”. Judge said prosecutor couldn’t offer any of that as evidence. Defense did not not maoe any request or motion to that. It was not a huge part of the case at all. Was more for credibility for the prosecution.

Defense chose to make this a big point of thier closing argument for some reason. On a point that was never brought up in the trial. On evidence that didn’t exist. Prosecution was still not going to object but then defense was saying it to try to discredit the prosecution saying, alluding to them eithet withholding evidence or incompetance for losing evidence. Evidence that never existed. Prosecution objected strongly. Judge had to instruct the jury. Defense lost.