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A passive lawyer can set you up for courtroom failure

On Behalf of | Feb 5, 2022 | Legal Malpractice |

If you’ve never witnessed a civil or criminal court proceeding in the real world, you probably have unrealistic expectations based on movies or television. Despite how dramatic the media loves to make court scenes, it is generally a very dry and organized process. 

There are countless rules that apply, and lawyers must abide by all of them. You need a lawyer who will speak up if the other attorney breaks those rules. Hiring an attorney who is patient and soft-spoken isn’t inherently bad for your case. However, if they are too passive in the courtroom, they might fail to advocate for you. 

Prosecutors and other attorneys often break the rules

Whether you are embroiled in a premises liability lawsuit with your landlord or facing criminal charges, your attorney helps you navigate the entire court process. They are your advocates in the courtroom, making sure that you receive fair consideration. 

It is crucial for a lawyer to know when to object to something the other attorney does. Maybe they spoke in a way that might bias a jury or asked a leading question. Perhaps they said something like it was a statement of fact when there is no evidence to support that information. 

If your lawyer doesn’t challenge that statement, it will remain on the record and potentially influence how the judge or jury rules in your case. If you believe in retrospect that your attorney failed to speak up at crucial points during your trial, their passive behavior could constitute an inadequate representation and give you grounds for a legal malpractice claim. Understanding what your lawyer needs to do to properly represent you can help you identify when they fall short of that standard.