Can a lawyer demand a yes or no answer?

Asked by: Deshawn Harvey  |  Last update: September 3, 2023
Score: 4.1/5 (11 votes)

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.

Can a lawyer force a yes or no answer?

The court may order to answer yes/no first before the explanation. The explanation must be relevant to the yes/no answer. The court usually will not allow the witness to wander away from the question that was asked. It is also possible that a seeming yes/no question doesn't have a yes/no answer.

Can lawyers only ask yes or no questions?

The first purpose of cross-examination is to ask questions designed to get answers that will build up the credibility of the questioner's own witnesses. To do this, the lawyer carefully controls the witness by using “closed” questions (for example, questions that can only be answered “yes” or “no,”).

What to say when you don t want to answer a question in court?

"I can't answer that question yes or no, but if you'll allow me to explain, I can tell you exactly why that happened." Of course the defense attorney will not want you to explain anything, nor will he give you the opportunity to do so.

What do lawyers say in court when they don't agree?

When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.

An Attorney Can't Force You to Answer "Yes or No"

36 related questions found

Does a lawyer have to do what you say?

Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

Why do lawyers dictate?

For lawyers who are slow typists, or who may want to make use of time away from their computers, dictation can facilitate writing, editing and commenting on documents.

Can you decline to answer a question in court?

The testimony would incriminate yourself – Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you. In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.

Do you have to answer every question in court?

Do you have to answer it? In almost every instance, the answer is yes, you do. There are only a few instances where you can get away with not answering a question. The first is where the defense lawyer asks you what you and your attorney talked about.

Can you say I don't know in court?

That's perfectly acceptable and all you should say is “I don't know.” If you don't remember, you say, “I don't remember,” and that's in fact what you should do. You should never really guess at an answer. You should never just make up something.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a Lawyer
  • What's your opinion of the probate process?
  • Under what conditions do you recommend a Living Trust?
  • How do I protect my children from abusive relatives if something happens to me?
  • Can I keep my kids from controlling their entire inheritance at 18?

Can you really tell your lawyer everything?

Attorney-Client Confidentiality Is Real

Anything and everything you tell your lawyer is completely confidential. They cannot share anything you say with anyone and most definitely cannot discuss your guilt or any actions you've taken with the DA, the judge, or anyone else involved in the case (or anyone else, period.).

Can a lawyer object to his own question?

The questioning attorney objected to the hearsay given in the answer, when he didn't need to go that far. The judge seemingly overruled his objection because the attorney was the one that asked the question, presumably because, it is true, you cannot object to your own question.

Can you be forced to answer a question?

No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

Should you ever not ask for a lawyer?

It is natural for people to want to prove they are innocent, but it backfires. While you should always be respectful, always ask for a lawyer. Always.

What happens if you don't respond to a law suit?

You Can Lose By Default:

If you don't file a response 30 days after you were served, the Plaintiff can file a form called “Request for Default”. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.

Can a judge make you answer a question if you plead the fifth?

At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant's own lawyer cannot force the defendant to take the witness stand against their will.

What questions Cannot be asked in court?

Compound question

Compound questions are not allowed because they can confuse the witness, the judge, and the jury. Also, it may not be clear for the court record which of the questions the witness is answering.

How do you impress a judge in court?

You may be nervous when you get into the courtroom, but these six tips will help ease any anxiety about how it's going to go.
  1. Know the judge. ...
  2. Be organized with your paperwork. ...
  3. Dress Appropriately. ...
  4. Stay calm in front of the jury. ...
  5. Keep eye contact with the jury. ...
  6. Don't be late to court.

Can you plead the fifth in court?

The Difference Between Asserting the Privilege Against Self-Incrimination in a Criminal Investigation Versus in a Civil Case. In criminal cases, you are allowed to “plead the Fifth” and stay completely silent and it cannot be used against you.

What to say and what not to say in court?

Most judges have a process for their courtroom and cases, so be respectful and only speak when you are asked to. Don't volunteer information that is not specifically asked for by the judge, the opposing attorney or your own attorney. Respond to the questions asked, but don't offer additional information.

What happens if someone refuses to speak in court?

If a witness in a criminal case refuses to testify, he or she could be found in contempt of court. Being in contempt could result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify.

Do you always tell your lawyer the truth?

While most attorneys will want to know all of the details, some may feel they can be of better service if they don't have the entire story. All of this will depend on your criminal case and who your criminal defense attorney is. It's always recommended to not waste any time if charged with a crime.

Why do lawyers say argumentative?

Argumentative questions are questions where the attorney presumes something or even outright argues with the witness. This typically happens in cross-examination where the opposing attorney wants to discredit the witness's testimony.

Why do lawyers use difficult words?

Lawyers often use artful language techniques to call upon different emotions to best serve their clients. Sure, word choice can steer the analysis of a case, but it can also unintentionally distort or even generate false memories.