SEPTEMBER 2024 | 57 THE OKLAHOMA BAR JOURNAL One of the primary responsibilities of a trial lawyer is to efficiently present their client’s evidence during trial without wasting time. As such, trial lawyers must highlight portions of content that are vital to the body of evidence. This is especially important because, like the public members in the gallery, the fact finder learns the case as it is presented. Understanding that judges are also humans with large caseloads, trial lawyers need to distinguish themselves from the monotony of line-by-line text reading during the presentation of a case. When properly and efficiently presented, however, text messages can be utilized by trial lawyers to gain success in family law trials. THE ROLE OF TEXTS AT TRIAL Trials are used to resolve disputes between parties who cannot otherwise reach an agreement. If the parties were able to work together to reach a solution to their issue(s), they would not be in the courtroom. This is especially true in family law trials. Family law trials often deal with the division of two of the most important things in a parent’s life: their children and their money. With these paramount issues at stake, coupled with the breakdown of the marriage, it is no wonder these trials are so hotly contested. The parties are often in the middle of one of the most difficult situations of their lives as they fight over the most important things in their lives. We all perceive and experience things through lenses unique to each of us. The same two people can be in a room when something happens only to describe two completely different versions of the event. This happens because we all perceive reality based on our history, views and personal experiences. Because those are different for each person, we impose unique interpretations on the actions of others. This is why parties often have very different versions of the “facts.” A good example is found in cable news. MSNBC and Fox News might cover the same event but provide completely different reports and interpretations. The same is true for the parties at a trial. Differing perceptions lie at the heart of witness testimony in family law trials. Usually, the two main witnesses are the parties being divorced. These two parties cannot agree, and each wants different things. Simply put, their credibility is at issue. Who is reliable? Who can be believed? Who is telling the actual truth, and who is telling their own perceived truth? These are the questions running through the judge’s mind. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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