How to handle profanity by a party or witness

I often go to lunch with junior colleagues. We go to share knowledge, but there’s no specific lesson in mind. It’s an organic process. Last week, we stumbled on how to handle salty language.

I was deposing a plaintiff. The manager who fired her said that she called him an "a------" when he terminated her. So, I asked her if she said it. She got mad and exclaimed that this word was not in her vocabulary. So, I asked the next most logical question: "Did you say anything like that?"

She rolled her eyes. Then she gave me an even look and said "Well, yes, I called him a m-----------, because anyone can be an a------, but it takes a special person like him to be a m-----------.”

We went to trial (this was before every deposition was videotaped). I asked her on cross-examination if she used salty language. She said no. So, I impeached her — not by saying the word myself, but by having her read the Q and A.

Lesson: If I had used the word, I would have been the potty mouth, not her.

Comments

[Jake]

If anything, I think using foul language in a court room will make a witness untrustworthy. It's not a crime to swear, but it can make you look unintelligent.

[Dallas Personal Injury Attorney]

Sometimes profanity is just part of the facts of the case. It can demonstrate intent, bad faith, maliciousness, etc. If I represent a Plaintiff who was injured in a car accident, and the other driver was irate and used profane language at the scene, I might have my client testify to the profanity just to put a bad light on the defendant. But I certainly wouldn't have my client use any gratuitous profanity while testifying.