Imagine we are at trial.
It's a car accident trial.
Grandma is 80 years old.
She was an eyewitness to the accident.
She believes the driver we sued was not at fault.
The defense calls her to the witness stand.
The defense uses her to prop up their claim that they were not negligent.
Her testimony last all of five minutes.
She has hurt our case badly.
The defense attorney sits down.
The judge turns to me and says “Mr. Oginski, your witness.”
Imagine what would happen if I began to scream and yell at this 80-year-old grandmother during my cross examination.
Do you think the jury would appreciate this approach to questioning this sweet little old grandma?
The answer is an obvious no.
They would think I'm beating up on a helpless, defenseless little old woman who is simply in court to tell the jury what she observed.
To tell the jury the truth.
The jury would take it out on me.
The jury would take it out on my client.
A really good attorney should know that he cannot cross-examine an 80-year-old sweet grandma the same way he would with a medical expert who comes in to testify as a hired gun.
