Can lawyers only ask yes or no questions?
Asked by: Wava Huels Jr. | Last update: December 27, 2023Score: 4.1/5 (72 votes)
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,”).
Can you only answer yes or no in court?
Give the answer in your own words, and if a question can't be truthfully answered with "yes" or "no," you have the right to explain your answer. Answer only the question asked you.
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.
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.
Can a lawyer object to their own question?
The explanation contained hearsay. 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.
An Attorney Can't Force You to Answer "Yes or No"
Can a defendant object to a question?
You can object during or after the question if the question itself is objectionable or if it calls for an answer that is objectionable.
Can a lawyer object during closing arguments?
If you decide to make an objection during opening and closing statements, you must assert the objection immediately after the objectionable statement is made, as waiting until opposing counsel has finished, or after the judge has charged the jury, is generally too late.
Is it rude to call a judge sir?
In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.”
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.
Why don t lawyers ask if you're guilty?
The reason most criminal defense lawyers won't ask you if you're actually "guilty" is that it's not relevant to the case. Also, it's not their job to find out. Their job is to defend you, and put up a fair case.
Should I tell my lawyer everything?
It is the kind of information that the client may wish to share with anyone – even their lawyer. The truth is this – a lawyer, any lawyer handling any important legal matter must have all of the facts and evidence in the case to do their job.
Is it wise to tell your lawyer everything?
Discussing all the facts of your case with honesty and truthfulness is absolutely necessary if your attorney is going to be able to negotiate a plea and/or present the best possible defense for you. Your attorney is your partner and works to get the optimum outcome for your case.
Does a lawyer have to listen to their client?
The Client is the Boss
As a general rule, the client is the lawyer's boss. Ultimately, the lawyer needs to obey the client's instructions and objectives. Short of the client asking the lawyer to do something illegal, the client has the last say.
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.
Can I refuse to answer a question?
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.
Can you choose not to speak in court?
The underlying principle behind the right to remain silent is that prosecutors cannot compel criminal defendants to be witnesses against themselves. That is what it means to “plead the Fifth.” That is, you are exercising your constitutional right to not speak in court and not to incriminate yourself.
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 I have to answer every question in a deposition?
You Don't Have to Answer Every Deposition Question (And In Some Cases, You Shouldn't) Your attorney has prepped you for your deposition. You're pretty clear on what will happen, who will be present, and what you should do if you are unable to answer a question.
Can you say no when asked to tell the truth in court?
Then you would be in contempt of court. If you will affirm, not swear to tell the truth, then your testimony would be taken. If you refuse even to affirm the truthfulness of your testimony, you would not be allowed to testify and you would be jailed for contempt.
Can you cuss at a judge?
Contempt can be criminal or civil. Criminal contempt is an action that impugns the integrity of the court or brings the court into disrepute. For example, yelling curse words at a judge would be direct criminal contempt of court.
Can you yell at a judge?
Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly. For example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed, or both as punishment for his act.
How do you say hi to a judge in court?
When you speak to the judge, act respectfully and call him or her “your honor.” NEVER interrupt the judge.
Can a lawyer go against their clients wishes?
Attorneys owe their clients a duty of care. If this duty of care is breached, this is considered legal malpractice. An attorney can breach their duty of care by failing to listen to their client's objectives and wishes. Attorneys are obligated to consider their client's wishes.
What is the golden rule in closing?
Plaintiff's counsel argued “golden rule”: in determining compensation, jury should consider verdict it would want if same thing happened to them.
What can you not say in closing argument?
Reference to Facts Not in Evidence: Stating, or even alluding to, facts not presented into evidence is improper. Vouching: It is improper for counsel to personally vouch for the veracity of a witness. Other forms of vouching may include statements as to what the attorney believes as opposed to what the evidence shows.