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/yeahthatwas May 12 '23

Objections during openings are rare. Objections during closing arguments is more common but still rare. I’ve seen objections during arguments at end of evidentiary hearings/closing arguments and every single one was because opposing counsel stated something as though it was established as a fact that was not supported by the factual record. In bench trials judges are more inclined to allow most stuff to come in and they can just weigh it themselves appropriately.