how to outsmart a defense attorney

Don’t try to outsmart the lawyer who is questioning you. It can lead to disaster. Instead, be truthful, answer the questions that are being asked of you by that lawyer.

Full Answer

How can I outsmart someone?

8 key factors drive what your best defense strategy is: Defendant’s explanation of what happened, why and credibility. Witness testimony and credibility. Provable facts and physical evidence. Police reports, errors and credibility. Expert, 3rd party reports and testimony. Penal code charge and the required crime elements to prove.

What do the best criminal defense attorneys do?

Jun 25, 2013 · 1. Develop your theory of the case. The state has a theory already. For example, if your client has been charged with murder, the state's theory might be that your client got into an argument with the victim and stabbed him five times. You need a …

How do I set myself up for success as a lawyer?

Jan 14, 2020 · Here are five common tactics employed by defense attorneys to try and get their clients off. More importantly, here are some strategies on how to beat them. 1. Putting Everyone on Trial Except the Defendant. Defense attorneys will attack an officer’s credibility more often and harder than other prosecution witnesses just because you’re an officer.

Is it possible to outsmart someone in an exam?

Nov 15, 2017 · 5 How To Outsmart A Master Manipulator. 5.1 Avoid contact with one; 5.2 Say no; 5.3 Ignore them; 5.4 Set personal boundaries; 5.5 Set goals; 5.6 Assume responsibility for what you do; 5.7 Keep track of everything you are involved in; 5.8 Don’t get emotionally involved, your emotions can be targeted; 5.9 Recognize mental illness when you see it & find help

What factors hinder a defense attorney?

What is the most common argument of a defense attorney?

Do defense lawyers know the truth?

How can a defense attorney discredit evidence?

What are the 7 procedural defenses?

What are the 4 defenses to a crime?

What should you not say to a lawyer?

Can your lawyer snitch on you?

Can lawyers choose who they defend?

What makes evidence inadmissible?

What makes a victim not credible?

How do you prove a witness is lying?

How to avoid being caught without an effective counter argument?

Don’t assume you know what the other person’s arguments are. Assuming you know what your opponent is going to argue is a surefire way to be caught without an effective counter-argument. Prepare as much as you can based on what you think your opponent might argue, but leave room for surprises.

How to make sure an argument is supported by multiple claims?

Double-check and triple-check the sources with other sources to make sure that the argument is supported by multiple claims.

What to do when someone loses their temper?

Remain calm. The person who loses their temper or their hold on their emotions first is the person who loses the argument. It doesn't matter how good your facts are, because you're out of control and more likely to make a mistake.

Can you always be prepared for an argument?

You can't always count on being fully prepared for an argument ahead of time , but there are some things you can do to make it more likely that you come out on top in an on-the-spot argument. If there are certain subjects that are important to you make sure you know as much about them as possible.

Can you outsmart an authority figure?

Pick the right time. There is no way, unfortunately, to outsmart an authority figure like a parent or a teacher every single time. There are, however, times when they'll be more susceptible to persuasion.

Why do criminal defense lawyers choose that legal subspecialty?

Ask a criminal defense lawyer why they chose that legal subspecialty and the most common answer is that nothing gets their blood going more than a case with high stakes. “Cases move faster and they’re just more interesting than civil cases,” Gates says. “There’s nothing worse than an extended conversation about Article 2 of the Uniform Commercial Code. It’s just more interesting to talk about a bank robbery.”

What is the job of a criminal defense attorney?

Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

What does Lichtman do in court?

Once in court, Lichtman focuses on finding the one person in the box of 12 to connect with. “I look up the backgrounds of jurors,” he says. “I’m looking for anything in the background I can exploit in order to tailor my summation to something that’s happened in their lives.”

Why does Lichtman say I don't mind this new mindset?

"For me, I don’t mind this new mindset because I play into juries’ natural skepticism in my theory of defense. I exploit the facts that seem impossible to believe, even when true, and beseech the jury to use their common sense gained from a lifetime of experience. And TV watching."

Why do criminal defense attorneys chastise?

While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains. In their view, that’s missing the point. In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes.

Who is the lawyer for Timothy McVeigh?

To get a better understanding of this often emotionally draining work, Mental Floss spoke with three high-profile defense lawyers. In addition to Lichtman, we talked to Chris Tritico—the subject of the first episode of Oxygen’s In Defense Of docuseries premiering June 25, and who represented Oklahoma City bomber Timothy McVeigh in 1997—as well as Bryan Gates, practicing in North Carolina. Here’s what they shared about life as a devil’s advocate.

Is it easier to defend an innocent client?

It might seem like an innocent client would be easier to defend. But according to Gates, having a strong belief that a client is falsely accused creates additional strain on the defense. “It’s very stressful because you’re really identifying with the person,” he says.

Why do defense attorneys ask the same question?

They’re hoping to obtain inconsistent or conflicting answers from the testifying officer.

Why do defense attorneys want to put you on trial?

Defense attorneys want to put you on trial so the jury will be distracted from who is actually on trial. They don’t want to spend time on the evidence. The evidence proves their clients are guilty. On days you are scheduled for court, put a Q-tip in your pocket.

Why do defense attorneys attack witnesses?

Defense attorneys will attack an officer’s credibility more often and harder than other prosecution witnesses just because you’re an officer. They know if they can raise a doubt about your credibility, it may cause a judge or jury to doubt the credibility of the entire case (remember Mark Fuhrman ?).

How to remind yourself to Q uit T aking I t P ersonally?

On days you are scheduled for court, put a Q-tip in your pocket. If you feel yourself becoming defensive on cross-examination, squeeze the Q-tip to remind yourself to Q uit T aking I t P ersonally.

Why is respect important in a defense?

The respect part is the key. It frustrates a defense attorney when they’re unable to rattle you. Furthermore, your show of respect enhances your credibility with the jury.

What happens if the defense attorney insists on a jury trial?

If the defense attorney insists, he will be clearly communicating he intends to mislead the jury.

What is the job of a criminal defense attorney?

The duty of any attorney is to represent the interests of their client, and defendants are interested in getting off – regardless of whether they committed the crime.

How do people manipulate you?

After getting to know you a little bit, a person that wants to influence you to their direct or indirect advantage might try to manipulate the way you see them, e.g. they victimize themselves, they always put themselves in a favorable light and they try to condition you to react in certain ways that are favorable to them. They might also try to twist the facts in a way that will lead you to react (draw conclusions or take action) in a way that is favorable to them.

Why do master manipulators talk about themselves?

The reason for this is that they want to find out about your strengths and weaknesses, to test your boundaries and even to induce a Freudian slip (a slip of the tongue).

How is a master manipulator different from a puppet master?

A master manipulator is different from the other puppet masters because he or she are very good at what they do and also very subtle. They have 2 main goals – to achieve what they want and not be caught manipulating other people because, well, news of this sort spread fast.

Why are master manipulators called master manipulators?

But what do you do when that is not an option? There is a reason why they are called master manipulators – emotional abuse is one of their top tactics.

What is a master manipulator?

A master manipulator is a person that tries to use other people to influence the following:

Why is it tended to be recommended to not try it?

It is tended to be recommended to not try it because we are very good at studying you, whereas you are less inclined to be as good at studying us.”

Is it correct to think the exact same thing while writing these words?

You are absolutely correct, I thought the exact same thing while writing these words. Emotional intelligence and how to use it to guard yourself against emotional manipulators has a bit of a learning curve, but being aware of your emotions and how they influence how you express yourself is a very good first step.

How to confront a hostile attorney?

Although you may be tempted to confront a hostile attorney by stating "You seem angry," the smartest response is to remain calm and answer the questions, says Eberhart. "The attorney on the opposing side will attempt to use whatever they can, to get you to answer a question the way they want you to," she says.

What to say when being verbally confronted during a deposition?

Don't let tension impact your statements. When being verbally confronted during a deposition, you may be tempted to blurt out a statement you may later regret. "Do not let the opposing attorney get you rattled by intimidation.

Can an opposing attorney refuse a break?

There may be state specific rules, but on a general basis, the opposing attorney can't refuse you a break, says Eberhart. "You can always say 'I need to use the restroom,' or 'I'm tired, I need a break,'" she says.

Can you make a correction on a transcript?

If you say something you regret, such as an outburst made in frustration, you can make a correction on the record, or you can change the transcript at a later date when you review it. "Both of these methods can be commented upon by opposing counsel at time of trial if they so desire. So the best policy is to think out all your answers and not be forced into making corrections," says Lawrence.

Is it better to correct a statement after a deposition?

It is more damaging to the case to correct a statement after the deposition is over, says Eberhart. "If you realize that what you said may have been misconstrued, just tell the attorney you want to clarify a statement you made that may be confusing or not correct. It is better if you do this while you are still in the deposition," she says.

What is the reputation of lawyers?

Lawyers, especially on television, have a reputation for "playing hardball", negotiating without compromise, launching personal insults, engaging in intimidation tactics, or perhaps "steamrolling" the other side. In reality, this usually does not end well for either side. Value is created when people listen to each other, when they create dialogue, and when they share information. That is how lawyers are encouraged to negotiate, and that is how you should negotiate, too.

What to do when the other side is speaking?

When the other side is speaking, use that opportunity to listen intently and try to understand his perspective or position. Among other things, this will help you understand where the two of you may overlap in goals, where there may be room to push, or where you differ irreconcilably such that there may be a hold-out.

What does it mean to negotiate under the shadow of the law?

For legal matters, the term "bargaining under the shadow of the law" means that when two litigators negotiate with each other, both have—in the back of their minds—what the potential, likely trial outcome would be. And this information will inform their negotiations. A lawyer will only agree to a settlement offer if that settlement offer is preferable to going to trial, and a lawyer will only know that information if she or he goes into a negotiation fully informed and educated.

When it is your turn to speak, what should you do?

When it is your turn to speak, use it as an opportunity to put forth your thoughts and perspectives in a clear way. Do not use it as an opportunity to tear down the perspectives or views of the other side. Your goal is to convey to the other side what you expect, what your position is, and what your view of the situation is.