By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a three-part series on children testifying. Click here to read Part 1 and click here to read Part 2.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the judge are what they tell you at home? 

And what if your spouse planted thoughts? How can you protect your rights? Can you?

You are not alone. Here are some suggestions.

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a three-part series on children testifying. Click here to read Part 1 and click here to read Part 3.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the judge are what they tell you at home? 

And what if your spouse planted thoughts? How can you protect your rights? Can you?

You are not alone. Here are some suggestions.

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is the first part of a three-part series. Click here to read Part 2 and click here to read Part 3.

The wood was smooth and cold against the back of his legs. Tommy sat slouched on the courtroom bench, his feet dangling above the marble floor, unable to reach even with his tiptoes. He grasped a red plastic truck between sweaty fingers and, his head hung low, shuffled his eyes back and forth, quickly so no one would see, between Mom and Dad. They stood on the other side of the knee-high gate with men in black suits and ties, arguing softly, but he could see the daggers they let out silently with their whispers. Mom pointed an angry finger at him. Then Dad did. A woman hurried through the courtroom, carrying an armful of files. One page slipped from the top, but she kept brushing by. Then the little wooden door in the corner swung open, and a giant man in black stepped out with a police officer. 

“Tommy, why don’t you come talk to me,” said the stranger, “and we’ll have a little chat.” The officer tugged him from his bench, fingers clutching into his shoulder, and dragged him to the stranger. “Go get him, son,” said Dad. “Love you,” said Mom. The stranger squinted his eyes, scrutinizing the boy.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the judge are what they tell you at home? And what if your spouse planted thoughts? How can you protect your rights? Can you?

You are not alone. Here are some suggestions.

by Spencer Williams of Cordell & Cordell, PC

In any case there are opportunities that a client will be required to testify on the record.  Depositions, motions, temporary (PDL) hearings and trial to name a few.  Prior to any event that a party would be required to testify it is important to schedule a meeting in person with your attorney.   It is important not to meet too far in advance as the “rules for testifying” may be forgotten, but any closer to the event may not allow the client time to practice and prepare.  

The attorney will not provide a client with a response.  It is unethical in most jurisdictions for an attorney to give their client the response.  However, it is appropriate and expected that the attorney will help mold the response.  This can be important to work with the attorney so responses can fit within the strategy and “theme” of the case being presented.  

There are basic rules for testifying at any event.  

by Chris LaFrance of Cordell & Cordell, PC

There are two primary purposes for the opposing attorney to take your deposition.  The first is to obtain information that may lead to relevant disclosure, such as your finances, and the second, is to pin down your testimony on the issues in your case as much as possible so that any deviation from your deposition testimony at the time of trial will subject you to an impeachment of your credibility.