Let me preface what I am about to say by saying I don’t approve of the attorneys who behave badly and I would never try to condone their behavior.
However, I do think it may be helpful to understand why they find it necessary to behave badly.
I blame television. That’s right, television.
You may not watch a lot of television. And if you do, you may be able to distinguish the difference between fictional dramas and real life.
Regrettably, not everyone has the power to do this.
That’s why many attorneys feel the need to perform in a manner that fits their clients expectation of how attorneys should behave. So when they walk in the courtroom they have to put on a show and act like the attorneys portrayed on shows like Law and Order and Damages.
There is a good chance that their client’s understanding of the court process is based in large part on what they’ve seen on television. And that their client’s opinion of them will not be based on their legal competence, knowledge of the law and pre-trial preparation, but on their ability to cause you to break-down during cross-examination.
Photo Credit: Visual Hunt