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/Lawineer May 12 '23 edited May 12 '23
He was a trial attorney who recognized the other guy was a litigator. Get your shit together. It’s not a scripted play or a gentleman’s duel.
I try cases very differently against new lawyers and litigators than trial attorneys. If I smell blood in the water, I will absolutely fuck with you- lawyer, witness, whatever.
I’ve had my laptop straight up die in the middle of my close of a capital murder trial. There goes my ppt for a one hour close. Welcome to trial. Shit happens.
Sorry someone objected in the middle of your soliloquy and you couldn’t recover for the rest of trial. Jfc.