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Don’t argue with defense attorneys

The defense attorney isn’t always interested in WHAT you say. Rather they’re more interested in HOW you say it!

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Testifying in court is one of those dreaded aspects of the job. Why do we need to be bothered with defense interviews or depositions when our report says it all? They know what you’re going to say–they have a copy of your report. Well, friends, I’ve got news for you. The defense attorney isn’t always interested in WHAT you say. Rather they’re more interested in HOW you say it!

That’s right. They’re interested in how you present yourself. You could have an air-tight case. But if you get into a room with the defense attorney and have a bad attitude, the defendant could end up with a better deal. Same thing with being argumentative or displaying sarcasm. It could blow your case before you even get to trial. And it will certainly leave a bad impression on a jury during a trial.

It even might even be inadvertent. Maybe you roll your eyes or chuckle after the defense attorney asks a question. I guarantee that will rub at least one juror the wrong way. It may even lead to other issues in your case. Maybe it’s an implication of bias. Regardless, it’s very likely nothing else you say after that point really matters to some folks.

However, if you are asked the same question and respond professionally with facts from your report, your professionalism won’t go unnoticed.

Attitude says a lot. So, bring your best to defense interviews or when testifying in court. Be professional and be prepared. And most importantly, stick with the facts. I guarantee it will go a long way toward successfully resolving your case!

And that’s Today’s Tip from Lexipol. Gordon Graham signing off.

Get more tips from Gordon here.

Gordon Graham has been actively involved in law enforcement since 1973. He spent nearly 10 years as a very active motorcycle officer while also attending Cal State Long Beach to achieve his teaching credential, USC to do his graduate work in Safety and Systems Management with an emphasis on Risk Management, and Western State University to obtain his law degree. In 1982 he was promoted to sergeant and also admitted to the California State Bar and immediately opened his law offices in Los Angeles.

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