Thursday, May 18, 2017

Beware--Lawyer tactics

When a lawyer begins to state facts outside his own personal knowledge ... facts he learned from his clients or third persons ... facts he lacks competence to testify about in court ... object at once! It isn't right or proper! In fact it very well may be slanderous and prejudicial, or both!

Yet, you'll find this sort of unfair manipulation of facts in nearly every case you come across. If a lawyer cannot find tangible items or witnesses to offer as evidence in support of his case, he will frequently attempt to get the evidence in anyway by stating facts about which he has no first-hand knowledge ... detailing the content of documents that aren't available, telling the court what was said by someone who isn't present for cross-examination, or describing a scene or the actions and behavior of people he never met.

To multiply this unlawful exploitation of due process, most lawyers are adept at using the English language forcefully, illustrating their points with word-power most lay persons lack. It doesn't matter that they are members of The Bar. It doesn't matter that they finished law school, passed the bar, and enjoy a certain degree of prestige as they strut about the courtroom in expensive clothing and highly-polished shoes. If they do not have first-hand knowledge of facts they offer to the court, they lack competence, and a timely objection is essential.

Otherwise (if you allow them to do so) they will present damaging evidence in a light that dishonestly influences the court against you. They will present facts about which they have only the knowledge they've learned from others (i.e., no first-hand knowledge of their own), and you will unnecessarily run the risk of losing as a direct result if you don't object and put a stop to it immediately!

You must silence the lawyers ... or run the risk of allowing the court to consider the lawyer's testimony as admissible evidence. It isn't admissible! No. Not by a long shot! The rules forbid it.

Lawyers lack competence to testify! It is a corrupt practice. You must stop it before it begins.

A particular aspect of this abusive practice needs mentioning to help you control the inevitable. The rules of professional conduct that govern lawyers (every state has them) limit the ability of a lawyer to be both witness and counsel for his client. One may serve as lawyer for a client or a witness for the client ... not both. If a lawyer insists on offering testimony and the court allows it over your objection, you should move the court for an order finding that the lawyer is a witness for the opposition. Either the lawyer is a lawyer and plays the strictly limited part of a lawyer, or the lawyer is a witness and can no longer play the part of lawyer! If the court rules that a lawyer is a witness, then move the court to disqualify him to testify pursuant to the state bar's rules of professional conduct (which, of course, you will have already read and be prepared to cite by scripture and verse). If a lawyer insists on offering testimony and the court allows it over your objection and will not disqualify the lawyer, move the court to order the lawyer to take the oath and submit to your cross-examination. Anyone offered as a witness must submit to be cross-examined by the other side under oath! It is no different if the person testifying is the other side's lawyer!