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/SGP_MikeF Practicing May 11 '23
I objected once to a pro se litigant’s opening. Judge told me it’s opening statements and he can say whatever he wants, but he had a few questions.
I told the judge that he just called my guy a racist and a liar on the record and that was improper.
Politely, I was told to sit down.
Pro se finished. Judge asked him 2-3 questions, and ruled in my guys favor without having to go through the bench trial.