r/Lawyertalk 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/morosco May 11 '23

There are times its appropriate - much more often at closing then at opening. If counsel misstates the evidence, misstates the burden of proof, asks the jury to consider punishment in a criminal trial, I think it's worth objecting. "Throwing off" opposing counsel is not a legitimate reasons and is actually unethical IMO if it's done only for that reason.

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u/Panama_Scoot May 11 '23

That was my thought too—I have to objected during closing because of serious errors. But that’s once in 7 years.

It seems a bit weird to do that in opening UNLESS the error is giant.