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luigirovatti's avatar

Can a witness, maybe the defendant, change lawyer in the middle of a testimony?

Asked by luigirovatti (2950points) October 29th, 2019

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17 Answers

stanleybmanly's avatar

You mean mid sentence? How do you come up with this stuff? Who’s the defendant testifying to?

Dutchess_III's avatar

I’m not exactly clear what you mean. You can replace your lawyer at any point in the process. But what does “in the middle of a testimony” mean?

luigirovatti's avatar

@stanleybmanly: Concerned? The witness, on the other hand, might have a “backup” lawyer (s)he might use when (s)he’s concerned about the 1st lawyer’s behaviour.

luigirovatti's avatar

I mean, the lawyer asks question, the witness is not pleased with lawyer’s behaviour, snap, change of lawyer.

stanleybmanly's avatar

The defendant might have a team of lawyers, but the question (as usual) makes no sense. I mean are you asking if in the middle of testimony the defendant hears a question he/she doesn’t like, and replies “you’re fired”?

luigirovatti's avatar

You should’ve seen “The Judge”. You’d know what I mean.

Dutchess_III's avatar

But we didn’t see “The Judge.”
If a person is not pleased with their lawyer, yes, they can fire them and hire a different one at any point in the proceedings.

luigirovatti's avatar

@Dutchess_III, @stanleybmanly: How could I have known the question didn’t make any sense?

Dutchess_III's avatar

Well, it’s the wording. “In the middle of testimony” can be interpreted so many different ways. The way it’s written we’re left with the idea that someone is actually talking when suddenly someone yells, “STOP!! I want to change lawyers!”
I think you meant more like, “In the middle of the proceedings.”

luigirovatti's avatar

@Dutchess_III: As I watch TV series, and movies, I acclimatize with much English. But, as you would guess, they don’t use the right terminology much.

Dutchess_III's avatar

I think you do fine. English is a subtle little brat.

janbb's avatar

You might mean can a defendant or a plaintiff change lawyers in the middle of a trial. A witness that is called by one of the lawyers to testify would not be employing the lawyers so would not be able to change them. The defendant who is the client of the lawyer could change lawyers.

elbanditoroso's avatar

To answer @luigirovatti question:

- not snap-your-finger fast.

1) the witness has no choice. He or she has to deal with it.

2) if the defendant doesn’t like his attorney, he/she has to ask the judge for permission to change attorneys. That is not always approved. And that doesn’t happen in the middle of a question – it will happen during a recess in the proceedings and not while a witness (whoever it is) is on the stand.

3) a defendant can be his own attorney (no lawyer) but that usually doesn’t work well.

4) One of the reasons that judges dont’ approve those sorts of changes is that they waste the court’s time.

Dutchess_III's avatar

Oh, good catch you guys. I completely overlooked the “witness” part.

@luigirovatti You have a plaintiff, who is the one bringing the complaint, then you have the defendant who is the one saying “No, I didn’t do it.”
Witnesses are people who are brought in because they have seen or heard something that will make one argument stronger than the other. Witnesses can not change attorneys. Only plaintiffs and defendants can.

jca2's avatar

And if it was a crime we are referring to, the plaintiff is the District Attorney.

Witnesses don’t hire the attorney. The defendant hires an attorney. Witnesses just testify.

Sagacious's avatar

No, not in the middle of testimony.

Sagacious's avatar

@jca2 Witnesses often hire attorneys to guide them and advise when pleading Fifth Amendment is prudent as well as when invoking immunity in both civil and criminal proceedings.

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