I am working on a story where a legal secretary is given the opportunity to actually cross examine a witness while the attorney for the defense--her boss--is indisposed. If she is an established member of the defense team would it be considered possible to do that?
2007-12-12 10:57:19 · 16 answers · asked by Twilight Heathen 4 in Politics & Government ➔ Law & Ethics
Well, the court case would be a murder trial and a preliminary hearing and the questions would be rather basic ones that end up being the key to the whole case. In other words they weren't supposed to be anything horribly important and turned out to be.
In case you're curious, Della Street is the legal secretary and Perry Mason is the indisposed lawyer. Della is referred to in the films as his 'associate' instead of his secretary but normally Ken Malansky second chairs--he'd also be out of the court room.
2007-12-12 11:06:59 · update #1
You can't practice law without a license and that would be practicing law. The exception would be in your own defense.
2007-12-12 11:18:45 · answer #1 · answered by rhymingron 6 · 1⤊ 1⤋
No, you have to be a licensed law practitioner to do that. You do although have the right to defend yourself or represent yourself. So if you are cross examining someone, you can do that - if you are the defendant! But you cannot represent someone else.. Thats why the court would give you a public lawyer if you do not have the money to hire one. You cannot hire a non-lawyer to represent you.
in short: Yes you can cross examine someone even if you arent a lawyer - If YOU are the defendant and you are representing yourself.
But you cannot cross examine people other than that. coz that would mean that you are representing someone, which you cant do if you are not a licensed practitioner.
cheers!
2007-12-12 11:05:36 · answer #2 · answered by kid_gelo 2 · 1⤊ 1⤋
I'm sure you realize that all states are different. I'm in Florida and was a legal secretary for over 16 years. I showed up for a cattle call hearing once for my boss just to take the information for him (it wasn't a big deal either - just getting information from the judge - not having to talk) and we were not really allowed to do that -- my boss didn't think it would be a big deal either - he sent me.
Also, in Florida, at least a while ago, you would have to file a motion for Circuit Court to be able to find out from the judge if he or she would rule you could represent yourself. You can ALWAYS chance it it in small small claims/county court.
2007-12-12 11:04:38 · answer #3 · answered by butterfliesRfree 7 · 1⤊ 0⤋
fairly some styles of miracles are suggested interior the Bible. (Exodus 7:19-21; a million Kings 17:a million-7; 18:22-38; 2 Kings 5:a million-14; Matthew 8:24-27; Luke 17:11-19; John 2:a million-11; 9:a million-7) a lot of those miracles served to become attentive to Jesus because of the fact the Messiah, and that they proved that he had God’s backing. Jesus’ early followers displayed stunning presents, including speaking in tongues and discernment of stimulated utterances. (Acts 2:5-12; a million Corinthians 12:28-31) Such stunning presents have been sensible for the Christian congregation throughout its infancy. How so? properly, copies of the Scriptures have been few. frequently, basically the wealthy possessed scrolls or books of any type. In pagan lands, there became no expertise of the Bible or of its author, Jehovah. Christian coaching had to be conveyed via observe of mouth. The stunning presents have been sensible in exhibiting that God became making use of the Christian congregation. yet Paul defined that those presents might bypass away whilst they have been now not needed. “no remember if there are presents of prophesying, they are going to be carried out away with; no remember if there are tongues, they'll end; no remember if there is expertise, it's going to be carried out away with. For we've partial expertise and we prophesy partly; yet whilst that that is finished arrives, that that is partial would be carried out away with.”—a million Corinthians 13:8-10. immediately, human beings have get right of entry to to Bibles, besides as concordances and encyclopedias. Over 8 million experienced Christians are helping others to income divine expertise based on the Bible. for this reason, miracles are not any extra had to attest to Jesus Christ as God’s appointed Deliverer or to furnish evidence that Jehovah is backing his servants.
2016-11-03 01:51:10 · answer #4 · answered by ? 4 · 0⤊ 0⤋
In general only lawyers are allowed to examine parties in court cases. If you are acting as your own lawyer you can cross-examine witnesses. In rare cases Judges have let jurors ask questions of witnesses. If you look at "defense teams" they generally are all lawyers.
Still, it's a story so knock yourself out. I hope it comes out well.
2007-12-12 11:29:55 · answer #5 · answered by Citizen1984 6 · 0⤊ 0⤋
Normally speaking, the answer is NO. In order to participate in ANY WAY, a person must first be admitted by the court. Non-lawyers cannot cross-examine unless they themselves are the defendant.
2007-12-12 11:19:26 · answer #6 · answered by cyanne2ak 7 · 1⤊ 0⤋
No, it is not legal for a legal secretary to cross examine a witness, that is unauthorized practice of law. Blatantly.
2007-12-12 11:33:20 · answer #7 · answered by Lesley 5 · 0⤊ 0⤋
well your scenario lacks one key element...whats the court case, not to mention many cross examinations questions build off one another, so unless you add details no one's answer will be helpful, i would be happy to help otherwise
2007-12-12 11:01:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No.
Only licensed lawyers are aloud to cross-examine
2007-12-12 10:59:48 · answer #9 · answered by heartlandanimalshelter.net 3 · 0⤊ 1⤋
nope, sorry, that would be practicing law without a license.
otoh, if she was a defendant acting pro se (as her own attorney) then there would be an exception.
2007-12-12 11:00:38 · answer #10 · answered by Barry C 6 · 2⤊ 1⤋