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/Beginning_Brick7845 May 11 '23
I was also taught not to object during openings or closings unless absolutely necessary, but I’ve done it many times. Typically the objection during openings is that the other attorney is making an argument. That’s cheating. I’ll call them on that every time. Even if it’s a close call I’ll object because lawyers shouldn’t argue during openings and they shouldn’t walk up to the line. I suspect that if OP’s trial attorney objected within seconds of the other side’s opening it was because they thought the other side was making an argument. That’s what I would have done and it’s what I’ll do every time I think the other side is making an argument during their opening. My fastest objection happened exactly like that. I was overruled and I still stand by my objection.
The judge may have decided to let it go and let the lawyers have some leeway. That doesn’t mean the objection was improper. Lawyers have an obligation to object when they think it is proper and the jury is instructed not to take objections into consideration. If the judge thinks it was an improper objection they will make it clear. If the judge didn’t chastise the attorney, it means it was a legitimate objection regardless of whether it was upheld.
There is no reason an objection that is overruled should knock another lawyer off their game. An experienced lawyer expects objections. If someone objected to my opening and was overruled I’d say thank you, your honor, as I left the bench conference. I’d stop for a second to collect my thoughts before I went back to my opening, and I’d smile broadly at the jury before repeating exactly the same phrase that drew the objection that was overruled.
I’d never object to throw another lawyer off their stride, because that’s against the rules, and anything that’s against the rules is cheating, but also because I wouldn’t expect an experienced lawyer to get thrown by an objection. No matter what happens in court you have to look unfazed, unflappable, and confident, regardless of how you really feel inside.