Tip:
Highlight text to annotate it
X
The defense attorney keeps asking a question that the plaintiff’s attorney objects to
and the judge keeps telling him “Objection sustained!” Would you like to learn what
the repercussions are for doing that? Come join me as I share with you this great information.
Hi. I’m Gerry Oginski. I’m a New York medical malpractice and personal injury trial
attorney practicing law here in the state of New York. The defense attorney is asking
a witness on the stand certain questions. And no matter which way they ask it, the plaintiff’s
attorney (the attorney who represents the injured victim) is jumping up saying “Objection,
Your Honor!” The judge says “Objection sustained!” Which means that the attorney
is told you cannot ask that question and the witness is not to answer that question. So
now the defense attorney asks it a slightly different way. “Objection!” “Sustained!”
And this goes on over and over again, five, six, seven, ten times. “Objection!” And
now a number of things are happening. The jury is getting frustrated. Why? They’re
getting frustrated with the defense attorney for asking the same question when he’s told
not to ask it, even though he’s trying to ask it 10 different ways. The jury is getting
upset and frustrated with the plaintiff’s attorney for jumping up every time and objecting.
At some point they’re going to think that maybe the plaintiff’s attorney – the one
who’s objecting – is trying to hide something. And now the judge has to try and control the
courtroom by directing the defense attorney to ask a proper question. Now are there any
repercussions to the defense attorney if he continues to ask those same questions? In
all likelihood, the judge will admonish and yell at the defense attorney in front of the
jury and say, “Listen, counselor. I told you not to ask that question. Don’t go into
that topic because you know my ruling.” And if the defense attorney continues to do
that, the jury may see that as a form of harassment. The real question and the unknown that’s
going on here is that we don’t know until the very end of the trial, when the jury reaches
a verdict, whether or not the jury is going to take it out on the defense lawyer for harassing
the witness. We don’t know whether the jury is going to take it out on the plaintiff’s
attorney (on the injured victim’s attorney) or the injured victim for trying to prevent
this topic from coming out. A lot of strategies and tactics are going on at the same time
when you have one attorney who’s trying to ask the same question over and over and
over again. So why do I share this great information with you? I share it with you just to give
you an insight and an understanding into what goes on during the trial process here in the
state of New York in medical malpractice cases, an in accident case, even in a wrongful death
case here in New York. And you know what? I recognize that you probably have questions
of your own about your own matter. And if your matter happened in New York and you do
have legal questions, what I encourage you to do is pick up the phone and call me. I
can answer your legal questions. I answer questions like yours every single day and
I welcome your call. You can reach me at 516-487-8207 or by email at lawmed10@yahoo.com. I’m Gerry
Oginski, here in New York. Have a wonderful day!