Mastering Trial Strategy: How to Shut Down Objections During Opening Statements

Mastering Trial Strategy: How to Shut Down Objections During Opening Statements

In the high-stakes world of trial law, objections can be a powerful tool for attorneys to disrupt their opponents and control the courtroom narrative. But what happens when your adversary incessantly objects during your opening statements, cross-examinations, or closing arguments? Renowned military defense lawyer Michael Waddington offers invaluable insights into turning objections to your advantage — particularly during opening statements — to strengthen your case and unsettle opposing counsel.

Introduction: Turning Objections Into Opportunities

Objections, when strategically used, can protect your client and limit the opposing side’s storytelling. However, when your opponent objects repeatedly, it can feel like an attempt to derail your presentation and frustrate your courtroom rhythm. Michael Waddington, a seasoned trial lawyer with extensive experience defending high-profile cases in military and federal courts, sheds light on a proactive method to shut down objections effectively and even leverage them to reinforce your narrative.

Understanding the Role of Objections in Trial

Objections serve to alert the judge that something improper is occurring, such as hearsay, leading questions, or argumentative statements. During opening statements — which are meant to outline what the evidence will show — objections are often raised to challenge statements that counsel perceive as opinions or argumentative rather than factual previews. However, frequent objections can sometimes be indicative of a defensive strategy to prevent the jury from hearing damaging facts early on.

Michael Waddington’s Strategy: Fight Fire with Fire

Waddington’s approach to facing objections during opening statements is both bold and tactical:

  • Address the objection head-on: When an objection like “argumentative” is raised, don’t retreat. Instead, explain to the judge why the statement is appropriate and how you believe the evidence will support it.
  • Reinforce the key fact: By restating the contested fact, you emphasize its importance. This forces the opposing counsel into a difficult position — either to keep objecting and draw more attention to that fact or to let it stand.
  • Use the phrase “the evidence will show”: If the judge sustains the objection but allows you to continue, frame your statement as what the evidence will demonstrate. This approach plants a seed of anticipation in the jury’s mind and prepares them for upcoming testimony.
  • “Dig it in like a knife”: Waddington uses this vivid metaphor to describe how to reinforce those key points with precision and persistence, making it harder for the opposition to discredit or dismiss them later.

This method not only strengthens your narrative but also serves as a subtle warning to opposing counsel: objecting to your statements will only amplify their impact.

Why This Approach Works

Waddington’s strategy hinges on psychological and procedural dynamics within the courtroom:

  • Highlighting the objection draws jury attention: Every time an objection is raised and overruled or explained, it signals to the jury that the point is significant.
  • Disrupting opposing counsel’s rhythm: When you confidently respond to objections, it discourages frivolous interruptions and can frustrate the opposition.
  • Prepping the jury for evidence: By stating “the evidence will show,” you frame the narrative and psychologically prepare jurors to expect certain testimony, making your case more cohesive.
  • Establishing courtroom control: Judges respect attorneys who handle objections professionally and with clarity, often leading to more favorable rulings.

Additional Tips for Handling Objections at Trial

While Waddington’s advice focuses on opening statements, similar principles apply throughout the trial:

  • Stay calm and composed: Emotional reactions can undermine your credibility.
  • Know the rules of evidence thoroughly: Anticipate common objections and plan your language accordingly.
  • Use objections strategically on your own terms: Don’t hesitate to object when necessary to protect your client.
  • Prepare your witnesses: Proper witness preparation can minimize grounds for objections during direct and cross-examination.

Context: Expertise in Military and Criminal Defense

Michael and Alexandra Waddington, as partners at González & Waddington, LLC, bring a wealth of experience defending serious criminal charges including military sexual assault, false accusations, and white-collar crimes. Their firm’s aggressive and strategic approach to trial advocacy is rooted in years of defending service members across various military branches and jurisdictions worldwide.

Their unique focus on military law and Article 120 of the Uniform Code of Military Justice (UCMJ) means they are well-versed in the nuances of court-martial proceedings, where objections and courtroom procedure can differ from civilian trials. This expertise makes their advice especially valuable for defense attorneys facing complex military cases.

Conclusion: Empower Your Trial Presence by Mastering Objections

Objections are an inevitable part of trial advocacy, but how you respond to them can define the trajectory of your case. Michael Waddington’s approach to shutting down objections during opening statements offers a powerful blueprint: confront objections head-on, reinforce your key facts with confidence, and strategically use language to prepare your jury for the evidence ahead.

By mastering these techniques, defense attorneys can maintain courtroom control, unsettle opposing counsel, and ultimately strengthen their client’s chance for a favorable outcome.

If you or a loved one face serious criminal or military charges, consulting experienced defense attorneys like Michael and Alexandra Waddington can make all the difference. For expert guidance, call 1-800-921-8607 or visit ucmjdefense.com.

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Full Transcription

What do you do if your opponent just keeps objecting to everything you ask on cross-examination and direct examination and in opening and closing in your trial? My name is Michael Waddington, and I’m a trial lawyer. If I get objected to in my opening statement, let’s say I get objected to as argumentative, you can tell the judge why you’re saying this and how you think it’s going to be admitted. The problem with that for your opponent is you just restated an important fact that they don’t like, and now they’ve highlighted it. And if the judge says sustained, continue, all you do is add the words, the evidence will show. Break it down and dig it in like a knife. You’re digging it into your opponent as you’re going to hear from their lead case agent when he takes the stand, and then say what you had just said. And what you want to do is teach them and potty train those opposing counsel that if you’re going to object to me, you’re going to get counterpunched twice as hard. If you like our content, like and click subscribe below.

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Mastering Trial Strategy: How to Shut Down Objections During Opening Statements

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