Beware of This Abusive Defense Attorney Tactic

Your Newport Beach accident injury lawyer has seen a lot of tactics from defense attorneys. Here’s one you need to know about so you can be prepared. Your Newport Beach accident injury lawyer calls it the “If you know…” tactic, and it can be tricky.

How “If You Know” Works
Imagine this scenario: your Newport Beach accident injury lawyer or plaintiff’s attorney is asking the defendant questions. Anytime he or she gets to an important point, the defense attorney will interrupt with an instruction to answer “if you know” or “answer only if you understand the question or know the answer.” The defendant usually takes this as a hint and replies that they do not know or do not understand.

A skilled plaintiff’s attorney will handle the situation by addressing the defense attorney and pointing out the behavior. The plaintiff can remind the defense attorney and the defendant that all questions presume an answer only if the defendant knows one! In addition, the plaintiff’s attorney can request that the defense attorney refrain from coaching the witness. Sometimes, it will have to go as far as warning the defense that the proceedings can be terminated and sanctions requested.

If a defense attorney continues with the “if you know” tactics, your Newport Beach accident injury attorney can apply for sanctions under federal or state law. Most attorneys on both sides will try to avoid such an extreme approach and will continue forward without the “if you know” interruptions.

For more information and to speak an attorney, call Russell & Lazarus APC at 949-851-0222.