I’ve been watching a few trials online and it seems the opposing lawyer always asks the person on the stand if they talked about their testimony with their lawyer before the trial – like it’s a bad thing? I would think it’s common sense to speak to your lawyer about possible questions you could be asked before you testify…..
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It’s not a bad thing to talk to your lawyer about your testimony, but the opposing lawyer is trying to show that your answers are influenced by your lawyer’s preparation rather than your own memory and understanding of the events. By admitting you discussed the case with your lawyer, you’re showing that your testimony might not be as independent as the jury might like.
Seconding that it’s to show off for the jury. Similarly lawyers can ask if expert witnesses and police officers are being paid for their testimony / how much per hour. They aren’t working for free, but the money may look influential or surprise a jury.
It’s so the lawyer can label the testimony of the opposing witnesses “rehearsed” or “prepared’ and therefore not as reliable. Whether that works or not will depend on the jury. Personally I would expect anybody to prepare for giving testimony but some people who don’t like lawyers in general won’t see it that way.
I was an expert witness for my job a bunch, and ADAs like straight up wouldn’t talk to me much about my testimony.
I did write a petition first they read, so we were on the same page and they knew what I could and was ready to testify to.
It got even more intense when we had cases actually get to a criminal court. The ADA told me they couldn’t say a thing because they couldn’t coach me, even though what I wanted was an advisor to help me prepare and do my best when the time came, so I get their point….
Wouldn’t that be privileged?
Lawyers don’t always ask that. Most don’t, in fact.
Source- lawyer who’s tried cases for over 20 years.
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