Mock Trial Part Six; First Witness

“I wouldn’t say it was typical, no,” ‘Fred’ said. The associate playing the Insurance Broker definitely wasn’t a skilled actor, but he at least didn’t seem to need to check his role notes very often.

“And why would you say that, Mr Garland?” Tucker asked.

“Well, it’s my job to get a policy in front of my clients that matches up with their needs. In the case of Randy and Felise, they were asking for a lower monthly payment without raising their deductible. It took some work to find a policy that would fit that.”

“Is that something you would usually do for a client, Mr Garland?” Tucker followed up.

“I mean, that’s my job,” ‘Fred’ said.

“Let me be more specific,” Tucker said. “It’s sensible to assume most Insurance Companies have standard best practices that most of the industry follows; did the policy that you matched up with the Jacobs follow those best practices or fall outside of them?”

Tucker was doing a decent job of laying the path towards where you knew he was going. That last question you might have been able to object to, but it would just be a delaying tactic to **** Tucker to confirm there were Best Practices. Sabrina grabbed her notepad and started scribbling something on it, then showed it to you flat on the table. It was a stick figure falling into a hole, a big ‘T’ on his face. She smirked just a little at you, and you smiled and nodded.

“Well, I’d say it was more… on the fringes of best practices,” ‘Fred’ said.

“I’m sure no insurance company simply gives away more favourable terms than their standard rates. What else needed to change in the policy to make those rates possible?”

“Several things,” ‘Fred’ said. “There were heavy guidelines based on keeping the vehicle current on maintenance schedules and safe driving practices - any sort of speeding ticket would have bounced the premium way up.”

“Anything else?” Tucker asked.

‘Fred’ pursed his lips in thought, and then looked down to check his notes. “Yes,” he said. “No after-market modifications to the vehicle, functional or decorative. No driving it internationally.”

“So four significant variances?”

“Generally,” ‘Fred’ nodded.

“Those don’t sound too onerous,” Tucker said. “But would you say it took an average amount of work, or higher than average, to get that deal done for the Jacobs?”

“Above average.”

“And is there a personal reason that you would have to go above and beyond for the Jacobs as your clients?”

‘Fred’ frowned, actually doing a little bit of acting. “I go above and beyond for all my clients.”

“Have you ever gotten a deal like this done before?” Tucker asked.

“A few times,” ‘Fred’ answered.

“More than five?”

Fred shook his head. “No.”

“Are there any similarities in the clients you’ve struck those deals for?”

“I… make them work for friends and relatives who come asking,” ‘Fred’ admitted.

“So a sort of ‘friends and family’ discount?”

“It’s not a discount, it’s a policy I’m allowed to negotiate on their behalf,” ‘Fred’ said.

“Certainly understandable,” Tucker said. “But, when you present these modified policies to them, do you go over the changes and the extra-strict guidelines?”

“Of course I do.”

“On the day that Randy and Felise Jacobs signed the contract for their new policy, do you remember if you went over the new guidelines with them?”

“I do,” ‘Fred’ said. “I always go over every policy with every client.”

“Did they understand the policy?”

“Objection,” you said, standing up to address the court. “Calls for speculation, Your Honor.”

Judge Mathews looked to Tucker.

“It speaks to whether Mr Garland fulfilled his duties as a Broker,” Tucker said.

“Objection sustained. Try and find another way around it, Mr Jackson,” the Judge said.

“Thank you, Your Honour,” you and Tucker both said. The minutiae of the proper procedure, especially in Mock Trial, was a little dizzying at times and a good rule of thumb was ‘Always be extra polite to the Judge and the Court.’

Tucker nodded, and you sat down. The blond ‘lawyer’ tapped his fingers on the front of his suit jacket for a moment. “Did the Jacobs’ read the policy in its entirety before signing?”

“I can’t say that I remember that or not,” ‘Fred’ said.

“So, to confirm, you allowed them to sign a policy, with different-than-normal conditions, without having studied the terms?” Tucker asked.

“Objection,” you called again, standing up. “The question is both Leading and Argumentative.”

“Sustained. Find some secure footing, Mr Jackson,” Judge Mathews said.

“Thank you, Your Honour,” you both said.

“Apologies,” Tucker said and nodded to the Judge, then refocused on ‘Fred.’ “Would you say that the Jacobs’ trusted you, Mr Garland?”

“Objection,” you said, standing once again. “Calls for Speculation.”

“Apologies again, your Honour,” Tucker said quickly, holding up his hands innocently. “I see where I went wrong on that.”

Judge Mathews was giving him a strong look that said, ‘Keep trying me, son.’ “Objection sustained,” he said instead.

“Thank you, Your Honour,” you both said.

“Mr Garland, do you consider yourself to have a good familial relationship with the Jacobs?” Tucker asked.

“I would,” ‘Fred’ answered.

“Did the Jacobs’ give you a reason as to why they came to you when they were looking for a new insurance policy on their vehicle?”

“They didn’t really need to,” ‘Fred’ said. “I’d let them know whenever they needed work done, I’d be happy to do it.”

“Had they used you to find previous Insurance policies?” Tucker asked.

“No.”

“And you married Felise Jacobs’ sister six months prior to the date that the Jacobs’ came to you for a new policy?”

“About that,” ‘Fred’ nodded.

“Were you looking to impress your new sister and brother-in-law by getting them a great deal?”

“I… can’t say that it wasn’t on my mind.”

“Could you answer that without a double-negative please, Mr Garland?” Tucker asked.

“Yes,” ‘Fred’ said. “I knew getting them a great deal would help impress them.”

“And did you tell them during the signing that, quote, ‘This should be an easy policy to follow, just don’t do anything stupid’?”

“I can’t recall saying that specifically,” ‘Fred’ said. “But it sounds like something I would say.”

“Is ‘just don’t do anything stupid’ a specific detail of the policy?” Tucker asked.

“No, obviously not,” Fred said.

“Is it the sort of thing you would say to a client you are not specifically related to or friends with?”

“No, I wouldn’t,” Fred said.

“Did the Jacobs’ ever have the full policy in their possession to review prior to the meeting when they signed it in your presence?” Tucker asked.

“No, I showed it to them at that meeting,” ‘Fred’ said.

“Did they read through the entire policy themselves in your presence without your guidance?”

“No,” ‘Fred’ said.

“Did they review any part of the policy without your commentary or guidance?”

“No,” ‘Fred’ said again.

“Did they take a copy of the policy home with them?” Tucker asked.

“They did, and they were mailed a copy as well,” ‘Fred’ said.

“Did they ever ask you questions about the policy after the fact?”

“No,” ‘Fred’ answered.

“To the best of your knowledge, did the Jacobs’ ever seek outside counsel beyond your say-so about the details of the policy they were signing?”

“No,” ‘Fred’ said.

It was starting to get repetitive, but you knew that Tucker was trying to find his hammer blow moment where ‘Fred’ admitted that the Jacobs’ just trusted him and signed the policy, but he hadn’t gotten a big sound-byte-worthy admission. He had it already, but he was trying to get that big visible win.

“Did you ever offer them the chance to take the policy home to review it, or to seek outside counsel?” Tucker asked.

“That isn’t a standard practice,” ‘Fred’ said. “Clients come to me because they trust I’m working on their behalf.”

“Did the Jacobs’ trust you?”

“Objection,” you said. “Speculation again, Your Honour.”

“Sustained. Mr Jackson, find another line of questioning. I think we’ve wrung this one out.”

“Thank you, Your Honour,” you both said again.

“That is all the questions I have at this time, please answer any questions the defence may have for you,” Tucker said, nodding respectfully to ‘Fred’ and then the Judge before heading back to the Plaintiff’s table. It was another one of those phrases that Mock Trial loved to ingrain into you even if real lawyers could get away with tightening up the phrases.

“Cross for the Defence,” Judge Mathews said, looking at your table as he prompted you.

It was time to go to work.

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