Overruled!
Thing is, I’m not a lawyer in that story; I was a law firm’s clerk, or errand boy, or whatever. And I got asked to go down to the courthouse and read some testimony into the record; apparently the expert witness didn’t need to be there, as he’d already replied to the questions from the other side’s lawyer at the deposition. So that lawyer would recite those same questions in front of the jury, and I’d mechanically read off each reply, is all.
And I noticed one exchange where the expert gave a wordy and confusing reply that I didn’t understand — and I looked it over again, and still didn’t understand it — and then I read the lawyer’s regular-guy response, asking someone who maybe seemed to be evasively obfuscating to rephrase things so people could understand it; and the expert did, and I went back and realized what he’d been trying to say before.
In fact, I realized he’d said it right.
So I eventually got asked that question, and read the reply as amiably as possible. But I slowed down before emphasizing one key word, and then stopped talking and looked up as if the answer was complete as well as clear. And, as far as I could tell, the jury understood perfectly! And then, after waiting a moment — as if giving the lawyer a chance to ask about something else — I read the rest of that reply: again slowing down before emphasizing a key word, and again looking up as if I’d given a satisfactory answer and was finished. And the vibe of the jury was, uh, yeah; we got it the first time; you didn’t need to say it slightly differently.
Which is when the lawyer was, of course, required to ask me to phrase it more helpfully. Which, of course, earned him disapproving looks from the jury: what the heck? We understood him the first time, and the second time; why the fuck are you asking this not-at-all-evasive guy to spoonfeed this to us a third time? Do you think we’re not getting this? Are you not getting this?
And so, with an apologetic tone — as if to say, hey, folks, I’m just obliging the lawyer who’s requiring me to do this — I of course read the next reply to a jury that no longer needed an explanation and was now having their time wasted at his request.
When I finished, the lawyer spoke up. “Objection, your honor; this is not the man I interviewed,” he said. “He’s too persuasive,” he added, because, well, what else was he going to say?
And the judge overruled him, adding, look, as long as he sticks to what’s written, there’s nothing I can do…