Does asking a plaintiff who claims she is struggling with finances how she got her (insert expensive accessory) during cross-examination at trial in a car accident case seem tone deaf to you? I saw someone do this in an urban area and I don’t think the jury appreciated it. It just seems like a reiteration of the “why do poor people get iPhones” complaint. It’s also just silly. Of course the lady is gonna dress nice to court. It’d be different if the comment was about a new Porsche though…

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I don’t do this sort of work at all, so I’m mostly just curious here…
Wouldn’t the risk of looking like a jerk outweigh the reward? Was the accessory a gift? Was it purchased a long time ago and she fell on hard times? Did she pinch every spare penny and reward herself with the purchase after saving for years? If the accessory is a bag/watch/whatever, what if it’s a fake? Any of those answers would make me feel sympathetic to her and question whether you’re just trying to humiliate the plaintiff. I don’t ever cross examine though (and I’m also a court idiot 🤣), so I’m curious what peoples’ thoughts are.

I guess it depends on the accessory/handbag?? 🤣

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That’s my instinct too. It just comes off as a stupid, non-sensical and bullying attempt to look for a mic drop moment. The plaintiff could have bought the items from Temu for all we know.

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Well, the issue is unless you have a receipt for it that you can authenticate through her signature, she can just say it was a gift that is meaningful and you would not have any way to counter it, so it just doesn’t get you very far.

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It could even be a knockoff. Never ask a question at trial you don’t already know the answer to. Ask that at the depo or not at all. Upsetting the judge or the jury by looking like a jerk is not a good look, and I think there are gender biases as well that make people react more poorly to a woman acting in a way viewed as rude and combative than a man asking the same question. If either gender asked they are at serious risk of looking like an AH but we women especially have to be careful with perception. We’re trying to win for our client, and that means knowing sometimes you’ll lose a case because the lawyer wasn’t likeable.

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My issue here is that that question is irrelevant to a car accident and injuries.

How is it helping the jury assess the injuries and damages of the case?

On top of that, you have the million possible responses that could very simply justify the expensive accessory and make your case lose credibility and create some sort of sympathy for the Plaintiff

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It’s definitely a slippery slope and will depend on the jury, but I think a majority of the time it won’t go well like you said unless the thing they bought was outrageous.

I haven’t litigated in a long time, but asking anything about budgeting might backfire anyway if the Pltf is well prepped and can communicate well her tight budget and what not. I’m not sure it’s worth the risk unless there is a large impact to them…

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