More Defense Tactics

In our ongoing series regarding defense tactics that insurance companies employ to sway the jury in their favor, I would like to discuss comments made by defense counsel regarding plaintiff's witnesses. In particular, it is improper for the defendant to comment on plaintiff's failure to call a witness. It is also improper for the defense attorney to comment on the fact that the plaintiff might have decided not to have certain individuals, who had been deposed prior to trial, actually testify at trial. These sorts of issues, as well as any references to things outside the actual record of the trial, are improper. Again, a good plaintiff's attorney will either make a motion before the trial begins to limit the defenses ability to do this or object immediately upon defense counsel making such improper references.