NJSBA Family Law Section

 View Only

  • 1.  Lawyer as Witness - mention?

    Posted 10-29-2013 06:04 PM
    I have a trial tomorrow where my client's parents are both attorneys.  This is not a "shades of grey" situation - even for Family Court, the extremes of the positions are marked.  As the judge said when hearing the OSC and ordering tomorrow's hearing, "someone is lying and doing so in spades."

    My client's parents are direct fact witnesses.  Should I / can I / would it be wise to point out, either in opening or during direct, that "my clients as officers of the court are under a special duty of candor when testifying"?

    Thoughts?

    Thanks,

    -------------------------------------------
    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    -------------------------------------------


  • 2.  RE:Lawyer as Witness - mention?

    Posted 10-29-2013 06:49 PM

    I would NOT discuss this in opening.

    I would simply ask each of them on direct exam if they are licensed attorneys in NJ in good standing.

    I would state your point in CLOSING.

    Keep it simple.

    Less chance of drawing objections and having to explain "why".

    Hanan
    -------------------------------------------
    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

    -------------------------------------------






    Original Message


  • 3.  RE:Lawyer as Witness - mention?

    Posted 10-30-2013 01:33 AM
    Just read this. Hanan and I are brothers with different mothers.

    -------------------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

    -------------------------------------------






    Original Message


  • 4.  RE:Lawyer as Witness - mention?

    Posted 10-30-2013 01:53 AM

    Curt?

    Can we be partners?

    :-):-):-)
    -------------------------------------------
    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

    -------------------------------------------



    Original Message


  • 5.  RE:Lawyer as Witness - mention?

    Posted 10-30-2013 01:28 AM
    Just mention they are lawyers. Nothing further. They are not in representational roles.

    -------------------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

    -------------------------------------------






    Original Message


  • 6.  RE:Lawyer as Witness - mention?

    Posted 10-30-2013 09:16 AM
    I agree with Curtiss. Big mistake to get into "lawyers are credible because they have an obligation of candor". Instead, focus in summation on what made your witnesses 'credible'. See State v. Jamerson 153 N.J. 318,341 and State v. J.Q. 252 N.J. Super 11,39.

    -------------------------------------------
    Francis Grather Esq.
    Morristown NJ
    (973)292-9222

    -------------------------------------------






    Original Message