Opposing counsel just provided their list of witnesses and exhibits for the jury trial starting next week. You have deposed 3 of the 9 witnesses. Do you:
- Do your best to guess what the testimony will be and prepare cross-examination questions.
- Find some basis, even if none exists, for objecting to each listed witness.
- Assume that OC is bluffing and none of the listed witnesses will show up.
In a phone conversation with your client, he finally admits that his case has some problems. You have discussed these same problems with him no less than three times in the past 4 weeks. Do you:
- Tell him that problems exist in all cases and you are going to work as hard as you can to minimize those problems so he can recover a substantial amount of money.
- Tell him that’s exactly what you’ve been telling him for the last 4 weeks and thank him for finally showing up to the rodeo with you.
- Remind him that he rejected the last settlement proposal without so much as counteroffering, his costs for expert witnesses, court reporters etc. to date exceed $10,000 and are increasing as we continue to prepare expert witnesses for trial, and the jury could give him $0 because of those problems he is now admitting exist.
- All of the above.
Are the following hearsay:
- Energy statements produced by a non-party, non-witness
- Emails with statements from the Defendants saying “it’s not our fault”
- Picture drawn by your expert but never produced to OC
- What’s hearsay and why does it even matter?
RJ 