Law Religion Culture Review

Exploring the intersections of law, religion and culture. Copyright by Richard J. Radcliffe. All rights reserved.

Wednesday, May 27, 2009

"Please State Your Name for the Record".

During trial this week, immediately after the clerk instructed the Petitioner (the other side) to state his name for the record, I heard deep breaths and loud sighs emanating from the witness stand. I looked up to see the witness's eyelids fluttering.

The witness was finally able to compose and identify himself.

Since the case involved Petitioner's allegation that a will was obtained through my client's "undue influence", his attorney (a former judge) asked him some foundational questions about his knowledge about the subject will.

In response, the Petitioner steadfastly denied any knowledge about the will. Visibly flustered by his numerous, fruitless attempts to get his client on track with his testimony, my worthy opponent finally asked, "Don't you remember the conversation we just had in the courthouse hallway about 15 minutes ago?" "Don't you remember what we talked about?" For a split-second, I thought about asserting the attorney-client privilege, but refrained since it was his client.

The court wasted no time in resolving the case. After each side rested, and made its closing arguments, the judge immediately ruled from the bench in favor of my client and awarded her attorneys' fees.