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December 08, 2004
Goin' Fishing
While some of us have been traipsing around avoiding jury duty, I had the interesting experience yesterday of being called as a witness in a visitation hearing....not as an expert witness per se, more as just a general witness testifying about certain things I'd observed personally.
I don't feel ethically comfortable describing the hilarious details of my testimony, even though it was in open court & presumably a matter of public record. But I would like to make the general observation that, as opposing counsel, it's usually a bad idea on cross-examination to attack the credentials of someone testifying as a general witness when you obviously have no freaking clue what they are....and thereby establishing their credentials to testify as an expert witness on the matter in question.
Attorneys have an unwritten rule about those kind of fishing expeditions. Don't ask questions of a witness to which the attorney does not already know the answer. Sure, sometimes a fishing expedition in unknown waters can serve up a nice, tasty trout upon which one can feast. But it also can serve up a big, nasty shark that will rip one's ass to shreds and leave one lying on the courtroom floor in a spreading pool of one's own blood.
I'm just saying.
Posted by Rita at December 8, 2004 08:01 AM
Comments
Sounds like that might have been a sight to behold!
You're such a pussycat, so you must mean someone else when you are talking about a shark. ;)
Posted by: Craig at December 8, 2004 08:15 AM
I don't know it was all that impressive, but it was sure funny. But then the Death of a Thousand Cuts always is, isn't it?
People, especially attorneys, often wrongly assume that because I'm quiet and don't dress to impress anyone there's not a sharp brain and an equally sharp tongue lurking behind my unassuming exterior.
Not that I would ever use their assumption to deliver a devastating freight train blow to the head or anything. *ahem*
You gotta work with whatever the Good Lord gave you, I always say.
Posted by: rita at December 8, 2004 08:27 AM
"Avoiding jury duty"? Mrs. Smith, you were not reading closely. I find you in contempt of blog.
Posted by: Steve H. at December 8, 2004 09:00 AM
I would have loved to have seen you in action. You're making me want to dig up the court transcripts.
Posted by: Keith at December 8, 2004 09:22 AM
Steve, in the immortal words of Andrew Jackson, "The Court has made its decision. Now let's see them try to enforce it."
Keith, I imagine the transcript is available for a small fee of several hundred dollars.
Posted by: rita at December 8, 2004 09:35 AM
You forget; I work for a big law firm. I can expense it. :-)
Posted by: Keith at December 8, 2004 11:28 AM