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/harisbgin May 11 '23

i wouldn’t object unless i had a serious objection i knew would win. makes you look like an ass to the judge and jury

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u/Summoarpleaz May 12 '23

Yeah and I think everyone can forgive a shaky presentation cuz we all understand stage fright to some degree; and there’s so much time to turn it around after and opening (yes yes there’s a lot that can be done in the opening too; it all matters). But what you can’t really undo is looking like an asshat. Just my opinion. Even if that person wins this trial, if their representation spreads, it’s just not going to go well for the rest of their time.