David Serna Lawyer

One way to undermine the evidence of an opponent is to impeach his or her witnesses based on inconsistencies in his or her testimony. Lawyers are always advised to listen during the direct and cross-examination because this is the perfect time to observe the testimony and behavior of the witnesses of their opponent. David Serna, a lawyer of over 40 years, offers helpful tips to both new and experienced lawyers. Today, he discusses prior statements of witnesses governed by the Federal Rules on Evidence 613. Discrepancies in testimonies are expected when several witnesses are testifying to the same incident. It is but natural that these individuals remember the details of the incident differently.   However, lawyers should consider only those errors and testimonial inconsistencies that are significant and deserving of the jury’s attention. Persistently bringing up minor inconsistencies will only waste the time of the court and will most likely annoy the jury. FRE 613 prov...

Many lawyers, both old and new, take courtroom etiquette for granted. Being polite and behaving respectfully in court will leave an impression not only on the judge but also on the jurors, on your clients, and your opponents. While almost all lawyers have watched how a trial is conducted on television, only a few have been in a courtroom. The experience varies. Sometimes, the environment can be intimidating. Other times, it feels welcoming. Today, David Serna, a lawyer based in Albuquerque, New Mexico, shares some useful tips on how to behave in court. 1.        A non-combative tone helps your case. Judges make errors. Although lawyers may suggest corrections when this happens, they must do so properly, timely, and politely. Never raise your voice. Let the judge finish speaking before you express your concerns or ask questions. Interrupting the judge makes you look aggressive or too eager. Timing is everything. You do not want to come off as arr...