I am currently in divorce proceedings. I had a nasty break up with my ex-husband who cheated on me and now we are in court fighting over custody of our children and our finances. I gave evidence-in-chief yesterday and tomorrow I will be cross-examined. I am terrified as I fear the lawyer will bully me and make me out to be insecure, mentally unstable and a liar. Can they do this?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Robert Bailey, Adelaide 5000 SA
- At times it may feel like the cross-examining lawyer is being hostile to you and your evidence.
- It is the lawyer’s job on behalf of their client to raise questions or doubt about the truth of your evidence.
- During cross-examination they will usually try to discredit you or disprove the evidence you gave to the court.
- When being cross-examined remember to tell the truth, stick to the facts and try not to take it personally or get emotional.
- The judge or magistrate and your own lawyer will be watching the proceedings carefully. If they believe you are being bullied your lawyer will object and the judge or magistrate will intervene.