How to Detect Non-Answers

How to Detect Non-Answers

Over the past week or so, I’ve touched on the theme of lying.  First, I posted about an interesting question raised over at the Winning Trial Advocacy Tips blog: Should A Lawyer Call a Witness a “Liar” on the Stand? Second, over at my personal blog (Random Thoughts), I posted yesterday about a link at The Art of Manliness blog titled How to Become a Human Lie Detector.

Well, today I wanted to point you to yet another great blog post over at the Winning Trial Advocacy Tips blog: How to Detect “Non-Answers” During Cross-Examination — although these principles work equally well outside the courtroom in everyday life as well.

Here are the “non-answers” as categorized and demonstrated over at the Winning Trial Advocacy Tips blog:

Non-Answer #1: Completely Avoiding the Issue

Q: Does this skirt make me look fat?
A: I love you.

Non-Answer #2: Describing Expected Procedures

Q: Did you request a CAT-scan?
A: It’s normal procedure to request a CAT-scan in those circumstances.

Non-Answer #3: Saying What You Will Do or Hope to … Read the rest

The Consequences of Crime and Punishment

The Consequences of Crime and Punishment

There was a good article in the April 2010 edition of the Tennessee Bar Journal by Nashville attorney Vincent P. Wyatt titled Crime and Punishment…and Punishment.

While none of the lawyers at Patterson Bray practice in the area of criminal law, the article is nonetheless pertinent to many civil lawyers (as well as the public at large) in that it focuses not on criminal law per se, but rather on the various civil consequences of having a conviction on your record.

For example, there are apparently tons of jobs in Tennessee that require licensure that be jeopardized or denied based on a relatively minor conviction — many of them you would dream of!  Things like being a private investigator, midwife, barber, locksmith, real estate appraiser, lottery retailer, or land surveyor.

Other possible consequences can include the loss of state pension eligibility, loss of voting rights, inability to carry a firearm (per federal law), revocation or ineligibility for a passport, and loss of eligibility for public housing, student loans, and/or food stamps.  Conviction is … Read the rest

Perspectives — Should You Call a Witness a ‘Liar’?

Should You Call a Witness a ‘Liar’?

I follow the Winning Trial Advocacy Tips blog, and recently there was a gem of a post titled Should You Call a Witness a ‘Liar’?  It was particularly interesting because it combined two of my favorite topics: trial practice and Star Wars.

You’ll have to click the link to see the Star Wars connection (I can’t give it all away, now can I?), but here’s the takeaway idea for lawyers, and for those clients who are waiting for the ever-elusive “Perry Mason moment” during trial:

Just because the witness says something that you can prove is false, does that mean the witness is lying? Maybe, maybe not. But even if he is, before you bring out the heavy ammunition, ask yourself if you really want to drop the “L” word on your jury.

You don’t necessarily need the jurors to think the witness is lying, do you? All you really need is for them to disregard his testimony, right? It doesn’t matter why they disregard it, just so long as they do. So

Conversation with a Doctor Who Wanted to file Malpractice Suit

Conversation with a Doctor Who Wanted to file Malpractice Suit

John Day is one of the most well-known medical malpractice attorneys in Tennessee.  He is also one of the leaders in our profession when it comes to exploding the myths and misimpressions that underlie much of society’s false assumptions about medical malpractice lawsuits.

In his blog post today over at Day on Torts, John details a conversation he had with a doctor who came in wanting to file a medical malpractice action in connection with the wrongful death of his father.  The conversation (and John’s commentary) is quite enlightening, and it details quite nicely the challenges, risks, and assumptions that must be overcome by lawyers and/or litigants in this arena.  I highly recommend taking a few moments to read it.… Read the rest

The Worst Question for Direct Examination at Trial

The Worst Question for Direct Examination at Trial

In law school, you’re told over and over again in trial advocacy class — “Don’t lead the witness. Let him/her tell the story. The lawyer isn’t supposed to be the one testifying.”

Sounds easy enough, right?  Well, it’s actually harder than it sounds to guide a witness through a story and get a coherent point across, and so most lawyers rely on a old crutch: when all else fails, simply ask your witness “So what happened next?”

The problem is that our crutch may not really be all that “tried and true” according to Elliot Wilcox at the Winning Trial Advocacy Tips Blog. In fact, Mr. Wilcox contends that “What happened next?” might actually be the worst question you can ask.  Specifically, he writes:

It doesn’t give the witness any guidance at all. When you ask the witness to tell you what happened next, you’re not doing anything to narrow his range of responses. Technically, there may have been a million different things that happened “next.” Which one do you want

Chris Patterson quoted in Memphis Daily News

Quoted in Memphis Daily News

Chris serves on the Memphis/Shelby County Charter Commission.  In the most recent Commission meeting, the members were discussing how to handle hiring/firing issues (i.e. civil service protection) in the to-be-proposed consolidated government.

Apparently, the unions were there protesting in an attempt to secure greater protection for employees than what is available in the private sector.  Specifically, a top union official observed that many of his friends ask him for help in getting a government job because they know they can’t fired like they were from their job at a private company.

At which point Chris responded:  “What is it about a government job that deserves more protection than an equal job in the private sector?”

Good question.  I think the union official may have inadverently stumbled upon the problem.… Read the rest

Estate Planning Case Studies — Some Success Stories

Estate Planning Case Studies

Our website contains a host of information where you can learn about estate planning and some of the services and strategies we use to protect our client.… Read the rest

Wiseman Quoted Re: Lincoln Day Gala featuring RNC Chairman Michael Steele

Lincoln Day Gala featuring RNC Chairman Michael Steele

On March 6, 2010, the Shelby County Republican Party is hosting its annual Lincoln Day Dinner/Gala featuring the national chairman of the GOP, Michael Steele.

For ticket information, visit www.shelbygop.org.… Read the rest

Wiseman quoted in Memphis Daily News re: Blockbuster case

Wiseman quoted in Memphis Daily News re: Blockbuster case

The Memphis Daily News regarding the resolution of a lawsuit involving one of the firm’s clients, Blockbuster Inc., following a critical victory in a recent preliminary injunction hearing.  The lawsuit dealt with whether Blockbuster could participate in the burgeoning and crucial market for online delivery of entertainment content.  The lawsuit was ultimately resolved to the satisfaction of both parties.… Read the rest