David Serna Attorney

There are many ways to convince the jury that the testimony of a witness is unreliable or that the witness himself is not credible. Before impeaching a witness, the lawyer must first be knowledgeable about the State-specific rules of evidence as these rules vary widely. Some rules that apply in one state are not applicable to another. Once familiar with the rules, the next step is to find ways to undermine the evidence of the opponent validly. Today, David Serna, attorney-at-law, shares two common grounds used in impeaching a witness. 1.        Federal Rule of Evidence 602: Lack of Personal Knowledge As a rule, anyone is competent to testify. However, a fact witness cannot testify on matters he or she has no personal knowledge of. Only opinion or expert witnesses can testify insofar as their opinions matter. A witness lacks personal knowledge when he or she was not present during the commission of the crime and has no way of knowing for sure h...

Going to trial is a whole new level of experience for freshly minted lawyers. It’s not something lawyers learn just by reading textbooks or watching films showing lawyers conducting direct and cross-examination. There is no other way to learn this but by doing—and making mistakes. If you think that you do not have the talent for litigation, you should know that some of the best trial lawyers took time to develop the skills required in litigation. In this short article, David Serna, attorney and well-known lecturer, shares the most common mistakes young lawyers make during direct examination. 1.        Relying too much on cross-examination and taking the direct examination for granted Many young lawyers depend on ways to weaken the defenses raised during the cross-examination. They forget to establish a sturdy foundation during direct examination. A story that has a strong foundation is memorable to the court. What will matter by deliberations is...