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Your Opponent is Being a Jerk at Trial. Your Attorney is Frustrated & Yells "Judge, I Object! The Defense Lawyer is Being an Asshole!" Is That a Proper Objection?

The answer is no, it's not a proper objection.

If your attorney were to do that, he'd likely get stares from the jury.
He'd likely get a shocked expression from the judge.
He'd likely get admonished by the judge.

It could be offensive.
It could lose you points with the jury.
It could be a ruse to get you to lose your temper.

The defense lawyer might be using this strategy of pissing you off to get you off track.
To keep your mind away from the real issues.
To confuse you.

That's a possibility.
He may be a jerk.
He may in fact be an asshole.

But the jury will know that already.
The jury will see through his nonsense.
But they may not appreciate how your attorney reacts if it's purely emotional.

It's understandable for your lawyer to get frustrated.
It's easy to see how the defense lawyer is pushing your attorney's buttons.
It's also easy to see how childish the defense lawyer is being.

You just want your case against your doctor to proceed forward.
You want the jury to listen to the facts and deetermine for themseleves whether your doctor was careless.
Just the facts.

The defense lawyer has his own strategy.
It doesn't align with yours.
It involves lots of interruptions.

It involves name calling.
It involves unscrupulous and sometimes devious actions, in your opinion.
The opposing attorney is acting childish.

That's not how you expected your trial to proceed.
That's not what happens in the movies.
That's not what happens on TV.

Your lawyer has been sitting quietly taking this verbal abuse.
He's been tolerant for way too long.
You just want to get up from your seat and body slam the opposing lawyer.

You know you can't do that.
You feel bad for your lawyer since you think he wants to do the same.
He certainly can't do that either.

But there may come a tipping point where your attorney can no longer take this verbal abuse.
If that happens, something unfortunate may come out of your lawyer's mouth.
He may say something he'll regret.

He may say something you'll regret.
All because he's frustrated.
All because the aggravation has been building up throughout the trial.

All because the opposing attorney is being an ass.
Who knows? Maybe the guy is really a jerk.
Maybe the guy is obnoxious.

Maybe the opposing lawyer is a pain in the neck to deal with.

The tension has been building each day.
The tension between the attorneys is palpable.
There is no love between them.

They barely have a working relationship.
Your lawyer is doing his level best to be professional and polite.
You can see he's struggling to keep his thoughts to himself.

You don't know if the jury sees it.
You dont' know if the jury recognizes what a schmuck the defense guy is.
You want to scream out "Shut the F**K up, you stupid idiot," or some such lovely phrase.

You know that won't help you and your case.
You know that won't show the jury that you are more likely right than wrong.
Nor will that show the jury that your doctor's wrongdoing was a cause of your injuries.

Nor will that outburst help the jury understand how your injuries are significant and permanent.

Your lawyer is questioning one of your medical experts who is testifying on your behalf.
He supports your case.
He confirms that your doctor was negligent.

He reviewed your medical records and is now explaining to the jury how your doctor violated the basic standards of medical care.
He is telling the jury how that improper medical care caused you harm and injury.
But now the defense lawyer is up to his tricks again.

"OBJECTION JUDGE! This witness isn't qualified to testify! He went to a bogus medical school and the patient's attorney knows it!" the defense lawyer spews from his mouth.

"OBJECTION JUDGE! This doctor wasn't there and doesn't know what my client said or didn't say!" the defense lawyer says moments later.

"OBJECTION YOUR HONOR! Why is this witness even testifying? He has no eperience testifying and didn't even review all the necessary medical records to give a proper opinion!" the lawyer yells out.

The trial judge determines that each of these objections are improper. 
"OBJECTION OVERRULED!" the judge says and allows your attorney to ask his question and permits your medical expert to answer the question.

A moment later, the defense lawyer jumps up again and yells out "JUDGE! I OBJECT to the plaintiff's attorney harassing his own witness!"

Your attorney can't take it anymore.
He can't take the constant interruptions.
Interruptions designed to intentionally throw him off track.

Your lawyer snaps.
He turns around and screams out "I OBJECT YOUR HONOR! THE DEFENSE LAWYER IS BEING AN ASSHOLE!"
The entire courtroom turns silent.

Everybody realizes he just snapped.
He stepped over the bounds of decency.
He stepped over the line of decorum in the courtroom.

You don't curse in court.
It's just not done.
It's not polite.

It's politically incorrect.
It's not appreciated even if everyone in the courtroom knows it's true.
You can almost hear an adult scolding a child for being frustrated after the child has hit his friend out of frustration.

"Dear, you're supposed to use your words to solve your problems, not your fists," you say as a concerned parent.

You know everyone in the courtroom would have loved to tell the defense lawyer to keep quiet.
But your attorney couldn't take it anymore.
He was frustrated.

He snapped.
He cursed.
He shouldn't have.

He should really apologize quickly.
To the judge and to the jury.
That would be the right thing to do.

Everybody would understand.
Don't ignore it.
Don't shy away from the cursewords.

But apologize for losing it and saying something that wasn't appropriate.
The jury will understand.
The judge will, hopefully, understand.

Hopefully, the jury will not take it out on you and your case.

To learn more about 6 common trial objections, I invite you to watch the quick video below...


Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer