When Technicalities Matter

• Author: John Hollander
• Pages: 53-67

when technicalities matter

53

chapter three

When Technicalities Matter

   litigation. e trial process is

structured so that judges can pay attention to what will

inuence their decisions. Many instances arise where the

advocate has to follow a set of rules to accomplish an

objective, and any departure from technical patterns will

distract the judge from the substance. e distraction

will detract from your apparent professionalism in that

the judge will focus on the lawyer’s unprofessional eorts

rather than the case itself.

Examples of technicality include introduction of ex-

hibits, qualication of experts, impeachment, and objec-

tions. ere is a settled method to accomplish each of

these. Counsel are well advised to learn and follow that

settled method. What follows is a primer on each.

Professionalism

   this relate to professionalism? As a trial

lawyer, you want to appear to be polished and profes-

sional; you want the judge to accept your arguments as

presented; and when the judge is uncertain about an issue,