Maybe you were watching a trial on Court TV or your favorite TV show and you see a lawyer objecting. Objections may seem sexy. When you see a lawyer object, you may think he is protecting the client, or you may think that he is trying to hide evidence or you may be thinking that he is just being a jerk.
So what is an objection and why do lawyers object?
In trial, lawyers have to play by a set of rules called the rules of evidence. Some of the terms you may hear regarding evidence are relevance and hearsay. When a lawyer objects, he asking the judge to decide whether the question or piece of evidence is outside the rules of evidence.
Lawyers object for 3 main reasons:
- They don't want the witness to answer the question
- They don't want the evidence to be admitted, and
- To preserve the record for appeal
In practice, the lawyer has to pick their battles regarding objections. It's like anything else, just because you can object doesn't mean you should object. If a lawyer objects too much in trial, the lawyer may alienate the jury, which could cut against their client. This is why trial practice is both a skill and art. I've had trials in which there were no objections made in front of the jury. There was plenty bickering and argument about the admissibility of evidence outside the presence of the jury but in front of the jury, it looked like the parties were getting along.
So, don't think that your lawyer has to object to fight for you. Things in real life are not like TV or the movies.
If you have any questions about an Indiana personal injury matter, you can always give me a call at (219) 874-4878.