So... The problem with being the Plaintiff is that A) you have the burden of proof and B) you have to go first.
AND you also might have a client who isn't gonna spend all they can to win... this is something they don't teach you in law school.. the problem that the client has to do a cost benefit analysis to determine who to send to the trial and whatnot.
So. I had a trial on friday. In which in the D's opening statement he laid out what the issue was. It was clear - my second witness laid waste to his side of things. His rebuttal was ... useless. All was well.
OH. Until his client came to the stand and lied thru his freaking teeth. It was completely opposed to what his atty said in his opening.
My cross? Pathic. I didn't even know what to ask... i mean... here is this guy who can't tell the truth.. has chewing tabbaco in his mouth and knows everyone in the court house on a personal basis (nothing like getting home-towned).
The judge has a practice of having final arguments in written form turned in two weeks later (so i suppose the trial isn't really 'over') and i think i'll make some great points (namely we all know this guy knows the truth like he knows soap)
Needless to say.. my first real trial... not a thing you'd want to tell the kids about.
BUT the real problem was not having the right witness there... but i can't talk about why that was.. just that it was.
Sunday, December 07, 2008
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