how to answer is it possible questions by an attorney

You then ask your attorney the same question as you step out into the hallway to talk. The short answer is that this is the 'discovery' process. Even though some questions may seem off the wall and unrelated to your claims, the defense lawyer is entitled to ask and is entitled to get an answer.

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What are good questions to ask an attorney?

I have to get my client to trust me and my skills enough to answer my questions with complete honesty. Many legal cases require the client to share personal information. I build this respectful and trusting relationship by being friendly, patient and understanding. The process of building a relationship may take a while, but it is so rewarding when it happens. Make yourself a clear …

What questions does an attorney ask?

Questions that answer 'who', 'what', 'when', 'where', 'how' and 'why'. Finally, your lawyer is done asking you questions. You're relieved. But only for a moment. Because now it's time for the defense lawyer to get up and start cross examining you. The lawyer asks you to make a few promises before he starts asking you real questions.

How do I Ask an attorney a question?

Jan 08, 2015 · 5. Make copies. Even if you save the document on your computer, make a copy of your signed interrogatory answers before sending them out. You will need to send a copy to every party in the case. The original must be sent directly to the requesting attorney or self-represented party who sent the interrogatories.

How to find a free lawyer?

Apr 21, 2021 · What to look for in an answer: Passion for different areas of the law. Ability to engage in all job-related activities. Evidence of diligence and motivation. Example: “I enjoy the daily aspects of both the legal research of being a lawyer as well as being able to interact with and help clients of all types. Q:

How do lawyers answer questions?

Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.Apr 22, 2015

What do you say in court to not answer a question?

If your answer was not correctly stated, correct or clarify it immediately. Don't say, "that's all of the conversation" or "nothing else happened." Instead say, "that's all I recall" or "that's all I remember happening." It may be that after more thought or another question, you may remember something important.

How do you answer a hearing question?

2:575:50How to Answer a Judge's Questions During Hearings - YouTubeYouTubeStart of suggested clipEnd of suggested clipQuestion don't be afraid to say so ask the judge to explain the question asked the judge to rephraseMoreQuestion don't be afraid to say so ask the judge to explain the question asked the judge to rephrase.

How do you answer yes or no questions in court?

In this post, I will share seven ways of answering the 'Yes' or 'No' question without backing down.1. “ Not Necessarily…”2. “ It Depends…”3. “ I Would Need to Know More…”5. “ Yes (or No), Because…”Yes (or No), But there's an Explanation.I Don't Know.Feb 23, 2017

What does it mean to plead the 5th Amendment?

To "plead the Fifth" means you have the right not to answer police questions both while in custody or in court. The right against self-incrimination is spelled out in the Fifth Amendment to the U.S. Constitution and also extends to state and local jurisdictions.Dec 29, 2021

How do lawyers talk?

8:4911:16How to Speak like a Veteran Lawyer in 11 minutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo when you speak and it's very hard to explain empathy and non verbals. But you're going to useMoreSo when you speak and it's very hard to explain empathy and non verbals. But you're going to use very soft friendly. Body language tonality and eye contact.

How do lawyers ask questions?

0:165:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

How does a lawyer cross examine?

A cross examination, or, examining a witness 'on cross', is an examination where the lawyer asking the questions is not the one who has called that particular witness to assist their case. In other words, they are asking questions of the other side's witness.

How do you avoid leading questions in court?

The easiest way to avoid leading is to begin your questions with the letter “w.” In the words of Rudyard Kipling: I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who. Nearly all of your questions on direct should be short and simple “w” questions.Mar 9, 2017

Can a lawyer make you answer yes or no?

If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate. If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately.Mar 3, 2014

How do you deal with being cross examined?

Tips for a Successful Cross-ExaminationListen carefully to the prosecutor's question and let him ask his entire question before you answer.When you do answer, answer the question that is being asked, but nothing more. ... Stay calm and don't argue. ... Tell the truth. ... Think before you answer the question. ... Don't guess.More items...•Oct 26, 2020

How do you stay calm when testifying in court?

Keeping Calm on the Stand | 7 Tips for Testifying in CourtClothing is Important. No matter who you are, you're going to want to dress in your best clothing. ... Act Respectfully. ... Refresh Your Memory. ... Speak Slowly and Truthfully. ... Answer Questions Only. ... Avoid Absolutes. ... Stay Calm.Mar 8, 2019

Why is it important to ask questions during cross examination?

Because your credibility means everything at trial. If the jury finds that you are not believable, you've likely sunk your case. If the defense lawyer can show that you've lied about something important, you've got problems. A really good trial attorney will ask you short, leading questions during cross examination.

What happens if a doctor refuses to settle a case?

The doctor refuses to negotiate. He refuses to settle. That means your case is going to trial. Two to three years down the road, your case finally comes up for trial.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What is cross examination in law?

Cross examination is an opportunity for the opposing attorney to challenge what you've said. It's a chance to expose inconsistencies in what you've said. It's a chance to search for the truth. It's a chance to show you may have lied.

Can an opposing attorney ask a question?

If done correctly, the opposing attorney should never ask you a question that allows you to explain ANYTHING. If he does, he loses control of the questioning and the jury then focuses their attention back on YOU. He doesn't want that. The opposing lawyer wants the jury focused on him while cross examining you.

How long does it take to get answers from a court case?

You need to send a copy of your responses to everyone involved in the case. Complete and return the interrogatory answers within 30 days. Under most circumstances and in most states, you must answer and return the responses to interrogatories within 30 days of receiving them.

What is contest question?

Contest questions that are vague, ambiguous or unintelligible. If possible, interpret each question in a way that can be answered. But if, no matter how you try, you cannot make sense of a question or find a way to give a specific answer, then object.

What is a verified answer?

In legal terms, a “verified” answer is one that you have signed at the end. You need to include a statement at the end of your interrogatory answers that says, “I verify under oath that the answers to these interrogatories are true to the best of my ability,” and then sign it.

What is objectionable in an interrogatory?

Interrogatories must ask questions that are, at the very least, relevant to the case. Any question that asks for too much detail that goes beyond the scope of the lawsuit is objectionable.

How long do you have to respond to an interrogatory?

Begin working on your responses as soon as you receive the interrogatories. In most courts, you must submit your responses to interrogatories within 30 days from the date they are delivered to you or your attorney. Recall that this time includes meeting with your attorney (if you have one), collecting relevant documents, reviewing and preparing your answers, typing the response, reviewing the responses with your attorney, copying the responses, and delivering them to the other party. It’s not a lot of time, so get started right away. [2]#N#X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source

What to do before writing an interrogatory?

Before you start writing down answers to the interrogatories, it may help you to pull together any paperwork, contracts, receipts, witness statements, or whatever other information you may have that is relevant to the case.

How many questions can you count as multiple questions?

When you are counting, if a question is presented in multiple parts, you can count it as multiple questions. Federal Rules of Civil Procedure, Rule Number 33, allows 25 questions, “including all discrete subparts.”. This means that you can break a multiple part question into its parts and count each part.

What does a lawyer learn from failure?

A good lawyer will learn from failure and make the necessary adjustments so it does not happen again in the future. Every lawyer will experience failure at some point . The key question is whether the lawyer can deal with it and bounce back in the future. What to look for in an answer:

What is disagreement in law?

Disagreements happen in the practice of law. Two attorneys can reach different opinions about an issue and both can be correct. It is even more difficult when one of the attorneys works for the other. Part of being a successful lawyer is learning how to make one’s voice heard without being overbearing.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is it called when you are questioned by an opposing attorney?

When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case.

What to do if your answer is not correct?

If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, “May I correct something I said earlier?” Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.

Why is appearance important in court?

A neat appearance and proper dress in court are important. An appearance that seems very casual or very dressy will distract the jury during the brief time you’re on the stand, and the jury may not pay attention to your testimony.

How to be a responsible witness?

Be A Responsible Witness. When you are called into court for any reason, be serious, avoid laughing, and avoid saying anything about the case until you are actually on the witness stand.

What to say when someone says "that's all I remember"?

Unless certain, don’t say “That’s all of the conversation” or “Nothing else happened”. Instead say, “That’s all I recall,” or “That’s all I remember happening”. It may be that after more thought or another question, you will remember something important.

What is cross examination in court?

The questions asked are for the purpose of “direct examination”. When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination. The defense attorney is just doing their job.

What is the purpose of cross examination?

The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination.

Why do questioning attorneys limit the answer to the single word?

So the questioning attorney’s efforts to limit the answers to the single word is an attempt to take back a bit of power from the witness. Some witnesses give in and just be led at that point, because it is easier than fighting counsel. The prepared witness, however, will try to fight back. Politely and respectfully, she will try to break out ...

What is the tactic of questioning?

A common tactic in questioning is to try to secure agreement at the level of principle, and then apply that principle to the case at hand. The agreement, in principle, is generally phrased as a hypothetical, like a question about “a patient” rather than “the patient.”.

What is the strongest response to a question?

Sometimes the three strongest words in response to a question are “ I don’t know .” When that is the real answer, then that answer is always going to be safer than any alternative. If the questioner has framed it in a way that prevents you from knowing whether it would be a “Yes” or a “No” answer, then say so.

What is the strategy of cross-examination?

For an attorney taking a deposition or conducting a cross-examination in trial, there is one key word that describes that attorney’s strategy: control. The questioning attorney wants, maybe needs, to control the witness in order to build useful testimony in a deposition or to highlight useful testimony in trial cross-examination. T he more the witness is talking, the less control the attorney has. So there is a preference for leading questions that just call for a “Yes” or a “No.” After all, the attorney has a lot more control when the witness is just affirming or denying the lawyer’s word choice and focus, rather than choosing the words and the focus on their own. From a control perspective, the question, “Then you finalized your differential diagnosis, without including DVT, correct?” is a whole lot better than, “What did you do then?”

Do witnesses have the right to their own words?

Yes (or No), But there ’s an Explanation. I believe that, as long as they’re answering questions and not filibustering, witnesses should have the right to their own words. However, I have seen it happen where counsel will successfully limit a witness to just the “Yes” or the “No,” sometimes with a judge’s help.

What is the process called when you are claiming a result of someone's carelessness?

That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.

What is a deposition transcript?

That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What is a stenographer?

The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

Can a defense lawyer talk to a witness?

Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.

Can a defense attorney ask a question about a convicted spousal abuse case?

The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.