4 Things You Should Know Before Going to Court -- PART I: PEOPLE LIE

I've jotted down four things you should know before going to court. There are probably 100 things you should know, but right now I'm going to focus on four that came to mind this evening. I'm going to address each of these in a 4-part series:

1. People Lie.
2. Even the Greatest Trial Attorney Cannot Change the Facts.
3. A Good Attitude Goes a Long Way.
4. Appearances Matter.

This week:

PART I: PEOPLE LIE. In court. Under oath. In front of a judge. Every day.

During middle school, I'd watch TV shows (RIP Andy Griffith aka Ben Matlock) with courtroom scenes where the witnesses place their hands on the bible and swear to "tell the truth, the whole truth, and nothing but the truth so help me God." As a result, I assumed people MUST tell the truth in court. Oh, the innocence of children. Now, as an experienced attorney, I know that people lie on the witness stand. Way too frequently. It's called perjury. Don't worry, I don't let my witnesses lie! However, I see witnesses do it all the time. Sure, some of them are more subtle with their lies, perhaps claiming they don't recall important facts or being evasive to try to avoid answering questions. But other witnesses are less subtle - they just tell bold face lies. Sometimes, I can impeach them with their prior deposition testimony, or through an email or letter, perhaps. Maybe a video or audio tape, if I'm really lucky.

What's my point? Regardless of the type of case you're involved in, don't assume all of the witnesses will tell the truth in court. Be prepared - and make sure your lawyer is prepared - to get the truth out of the witnesses and/or to have other witnesses support your version of events. Don't plan on things being easy. Expect it be more like pulling teeth. But, in the end, and sometimes with more work than expected, "the truth should set you free."

For more information on this article or the other articles in this series, be sure to check the Trial Lawyer on Your Side blog next week or contact the Goosmann Law Firm at info@goosmannlaw.com or (712) 226-4000.