18 April
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The Fear Boundary
in Cultural
"What you fear establishes the boundaries of your freedom." ...
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Giving Testimony: High Anxiety Part 2 – The Number One Mistake
Welcome to Part Two of my series of observations on the high anxiety of giving testimony. In this part, the number one mistake made by witnesses. Giving testimony is really a fairly simple procedure. Attorneys ask questions and witnesses give answers. Most questions are about something the witness has experienced. So, a good pattern of questions is similar to a journalist conducting an interview: who, what, when, where, how and why? Simple, right? Not so much. Especially with the "why" question, witnesses often commit the number one mistake in testifying: they guess. Whenever a witness says: "I guess," "I would imagine," "I'm pretty sure," "I suppose," or "from what everyone has told me," you know the witness is heading for trouble. Most of the time the last answer "what everyone has told me" is not allowed by the hearsay rule, but if you are an attorney whose witness is guessing, any objection you make in effect says "Sorry, Your Honor, my witness is an idiot and doesn't know what they are talking about." This is not a good position to be in when it is your witness testifying, much less if it is your client testifying. Why is guessing an answer the number one mistake in testifying? Because most of the time you will guess wrong! It never fails. Most guesses given under oath are just plain wrong. Trust me on this. I have had almost 40 years' experience of listening to bad guesses. Good trial attorneys know that. This is why if it is...
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Giving Testimony: High Anxiety Part 1
As a lawyer and judge, I have been around people giving testimony for about 40 years. Every time I reach the end of a trial or a round of depositions (before trial testimony given in lawyers' offices), I promise myself to write about the experience that I have seen so many go through (and occasionally gone through myself). Here are some of my observations about testifying for good or ill. The anxiety begins with the Oath or Affirmation. Anxiety, often high anxiety, is built into the process of testifying. Giving any testimony requires that you raise your right hand and swear or affirm, to tell the truth, the whole truth and nothing but the truth. Swearing an oath to testify truthfully is in the form of, "Do you solemnly swear the that your testimony shall be the truth, the whole truth and nothing but the truth?" to which the witness responds, "I do." The purpose of the oath is to impress the witness with the solemnity of the trial and summons thoughts of divine retribution for lying under oath (which is also a seldom prosecuted crime called perjury). While I have never seen bolts from the sky strike down a perjurer, I have from time to time moved my chair to put greater distance between me and a witness that I highly suspected was lying. You know, just in case. As an alternative to taking an oath, a witness may "affirm the tell the truth, the whole truth and nothing but the truth...
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Fear of Dealing with Attorneys
in Cultural
One of the most common reasons that people generally prefer to avoid attorneys is the fear of the unknown. How many times have you walked into an unfamiliar store and felt that twinge of uncertainty? To make matters worse, you may be instantly approached by a salesperson who asks if they can help you. ...
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There’s Something About Community
in Cultural
I went to law school in Virginia Beach. While there, I was often asked whether I liked living in Ohio (because apparently, a few people don't). But I did, which is why, no matter where I've traveled, I've always come back home. There's just something here, in the rural countryside of Ohio, that I have not found anywhere else. It's hard to explain if you haven't experienced it. Part of it may be that rural Ohio - Holmes County specifically - has retained some of the old-fashioned charms of simpler days. But it's not just that the county has the largest population of Amish in the country, or that I grew up here. What I truly love about my home is that I am part of a community larger than my friend group, larger than my street address, even larger than my county. The dictionary offers two definitions of community "1. A group of people living in the same place or having a particular characteristic in common. 2. A feeling of fellowship with others, as a result of sharing common attitudes, interests, and goals." Many places in the world have (1), few truly have (2). One of the common interests that creates the community around here is farming. Growing up, it seemed all my friends either lived on a farm or wanted to live on one. My family was more of the in-between, owning a "hobby farm" but wanting the "real deal." As my younger siblings choose careers, I see...
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Reinvigoration of a Sabbatical
in Cultural
I recently returned from a month long sabbatical. That is a term that is tossed around but may not be fully understood. A sabbatical is “a period of paid leave granted to a...
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I was charged with a DUI. Now what?
in Criminal Law
The penalties may increase as the number of offenses over the last ten (10) years increases and the penalties also increase depending upon the level of the test. Please note that there are additional penalties not discussed above, such as restricted plates, license interlock system, and even immobilization or forfeiture of the vehicle involved. The Judge in your case will have discretion in a handful of penalties in your case. However, some penalties are mandatory and cannot be avoided. Keep in mind that if you are under the age of 21 and are convicted of OVI or DUI, the penalties may be far greater than those included above....
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