Every client has different preconceptions of what court will look like for them. Scenes of courtroom tactics are so common in movies and tv shows that many people who have never been to court before think that these shows are accurate examples of what to expect in court. The common archetype is the zealous attorney who yells “I object!” at the top of their lungs to every piece of evidence or negative statement from opposing counsel. But what are objections, really? And when should they be made?
According to the Legal Information Institute, an objection is “is a formal protest raised by a party or counsel during a legal proceeding asserting that an error, contrary to the rules of evidence or other procedural law, has been or will be made.”[1] Objections are largely governed by the Federal Rules of Evidence, which apply in every state. Common objections include objecting to relevance, hearsay, and speculation.
Objections are a crucial tool in effective litigation. However, they should be used more as a shield rather than a sword. Judges are well aware of the rules of evidence and typically will pick up on whether something is admissible or inadmissible the instant that a statement is made, or a piece of evidence is presented. Because of this, an overly zealous lawyer, even with the best of intentions, can irritate the judge by making the same repeated objections over statements or evidence that are in and of themselves will not determine the outcome of a case. Furthermore, making objections that are baseless or frivolous is a swift way to fall out of favor with the Court as they delay proceedings and waste a judge’s time.
What does all of this mean for my clients? In my experience, especially as an attorney who has prosecuted and defended many Temporary Protective Orders, it can make clients anxious when they notice that I am not objecting to a statement or other form of proffered evidence that the client feels is damaging to their case. However, every objection I choose not to make is backed by strategy that I have developed through experience and through the priceless advice from my managing attorneys.
Of course, there is a time to object. For example, when evidence is being offered from Opposing Counsel regarding a criminal case from 30 years ago that has absolutely no bearing on my client is as a legal guardian today. Well asserted objections can keep evidence out. Also, objections preserve that issue on the record. Knowing when to object and how to object is a crucial skill, essential to every excellent family law attorney. Unfortunately, it is sometimes what separates our services from the rest.
[1] Cornell Law Institute, objection, Legal Information Institute, https://www.law.cornell.edu/wex/objection.