what is the reason? is it a good move or a bad move
2006-06-27 14:53:00 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Most of the time, it is not a great idea for the client to be on the stand because of cross-examination. Especially if the client has anything shady in their past that could impact the trial, it is better to avoid taking the stand. In some circumstances, a client who is articulate and believable might make a good witness. Ohterwise, the risks far outweight any advantages.
2006-06-28 07:20:12 · answer #1 · answered by Dawk 7 · 36⤊ 0⤋
Assuming you mean in criminal cases. In civil, either side can call the other side, so the lawyer might as well put the client on the stand cuz chances are the other side will.
In criminal cases then ,ultimately it is the client's decision to take the stand or not. The lawyer can advise the client what THEY think the best course of action would be, but the final call belongs to the client.
Some reasons for the client to NOT take the stand are if the prosecutor is very good and will twist what the client says around to make it worse. Also, if the prosecution case is not that strong, they choose to rely on the evidence rather than respond which is their right. And obviously, if the client is going to lie, the lawyer would try to not put them on the stand.
Some reasons for the client TO take the stand are if there is confusion over what happened that the client can clear up. If the evidence is so bad that the client cannot do any worse by taking the stand and might come across sympathetic to the jury.
Bottom line, there are too many variables to say if it is always a good move or a bad move. But usually the lawyer knows the situation and so their advice should be considered (often more than it is).
2006-06-27 17:00:18 · answer #2 · answered by grim reaper 5 · 0⤊ 0⤋
Grim Reaper is correct about the tactics.
However, your question makes one invalid assumption. Under the ethical rules of almost all states, it is client who makes the decision whether to testify or not. The lawyer is required to abide by the client's wishes. That lawyer certainly can (and must) offer advice on whether it is a good idea, but the in the end it's not the lawyer's decision.
2006-06-28 03:04:11 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
It depends on the case whether it is a good idea or bad idea.
It could be a weak case, without a lot of witnesses or maybe no witnesses at all, I would think it would be in the best interest of the client to take the stand .
2006-06-27 15:03:25 · answer #4 · answered by brown.gloria@yahoo.com 5 · 0⤊ 0⤋
depends on if the client is innocent or guilty and how much evidence you have
2006-06-27 14:57:26 · answer #5 · answered by B 3 · 0⤊ 0⤋