I’ve never seen anything quite like this. A lawyer in an administrative hearing, on cross asked a leading question that included the content of a conversation between his client and the administrator and his client. The only way the lawyer would have known the content of the conversation is if his client told him.
When the client testified on direct, she denied any conversation occurred at all!

Oh, it’s just an admin hearing — little technicalities like hearsay, or perjury, don’t necessarily matter.
(At least, to some of the hearing officers I’ve seen, they don’t.)
I’ve seen as bad, and worse, many times as attorneys that “don’t get out much”, at least to adversary proceedings, botch up just as bad, or worse, with much more on the line for the client. Young and inexperienced defense counsel often “open the door” by putting their defendant on the stand subjecting them to cross examination that’s devastating.
And to think it’s usually some hard working, honest attorney taking the rap for others who aren’t, being accused of lying. And, I saw something once.
That doesn’t prove that the client lied. What law states that lawyers only get their information from their clients? It might prove there was a conversation between two attorneys. We are talking about Mississippi after all.
This was not the lawyer’s fumble, I don’t think.
I had the distinct impression that the client had told the lawyer something dramatically different– and (suprise!) the client in the hearing fishtailed.
The main question of course is, wypiihb.
I doubt Durkin will make the same mistake with DeLaughter.
http://www.clarionledger.com/article/20090709/NEWS/907090358/Balducci++Snubbed+judge+angered
tinwindows:
It did in fact prove she lied. There were two people in the conversation (the client and the administrator) and no one else heard it, I was the other lawyer in the administrative matter and had not heard the substance of it, and the opposing lawyer was very new to the case. There’s just no other explanation than that the client told him about it. And when the client denied there had been a conversation, the lawyer did one of those “oops-change the subject” shifts a lawyer does when they get an answer they don’t like.
Thank for the additional info NMC:
Kingfish….it’s too early in the morning.