Courts -- United States; Trial practice -- United States
If it is a criminal action he is not on the stand during the People's
case. When his side is presented his lawyer does the best he can to
keep him from the stand, whether he be innocent or guilty. The
well-known expression is that the defendant hangs himself by taking
the stand. In civil trials the client may be a corporation or the
owner of the injured automobile or wagon, but not a witness to the
accident. He sits silent by his lawyer if he is wise, realizing that
his lawyer can fight better without being annoyed. If he is nervous,
he keeps plucking at his sleeve and whispering advice. It is difficult
for him to restrain himself. There have been months of preparation.
The drama is being produced; to him it is vital. He knows more about
the case than the lawyer. He wants to advise, suggest, and instruct.
Why doesn't the lawyer ask the witness that question about what he
told Smith or what he told his wife?
The client might be surprised if he knew what the lawyer was thinking
of him. If asked, the lawyer would moisten his lips, draw a long
breath, and then pause, not for lack of thoughts however. The best
client in court for the lawyer is the silent client. One of the
greatest calamities from the lawyer's point of view is when the client
is on the witness stand and begins to get confidential with the judge
and to tell him exactly how he feels about the whole matter.
"Why," said a lawyer, "I had a perfect case and then the judge asked
a question and spoiled the whole thing. I think it was outrageous, the
judge had no right to interfere."
The attorney's feeling toward his client is contained in the wish that
he wasn't there. The legal aspect of the case, the real point at
issue, is probably something very different to what the client has in
mind. The lawyer has an uneasy feeling that, in the client's eyes, he
will not do the case justice.
"How outrageous," thinks the defendant, "that I should be sued when
I've been over-generous for years. And the jury ought to know exactly
what these people are who said they'd call off the suit if I'd pay
them a hundred dollars." The lawyer is aware of these views, because
he has been told them more than once; he also knows that he cannot try
the case in that way.
The counteraction of emotions and feelings between the lawyer and the
client, the judge and the jury, the undercurrents that are constantly
moving from one to another, make up the drama of the court. The
characters are laid, the theme is selected, the actors are chosen, and
it remains for the play to be prepared.
VII
PROGRAMS AND PLEADINGS
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account