Mock Trial Part Seven; First Witness Cross-Examination

It was Eric’s turn to shine - once you’d identified all the likely witnesses the plaintiffs might call, you had both put in work on the lines of questioning that could counteract them and then split them up to finalise. Even though you had been the one to identify the potential issue of Fred Garland being the brother-in-law of the Jacobs, he’d ended up on Eric’s list so it was on him to lay things out.

“Hello, Mr Garland,” Eric said after giving his ‘May it please the court’ and asking to approach the witness, walking over to stand calmly. “I’m sure it isn’t a fun experience having your professionalism questioned. Do you need some water before we start cleaning some details up?”

“No, thank you,” ‘Fred’ said. “I’d rather get this over with.”

You narrowed your eyes slightly - that was a little combative. It was hard to know if that was how the Associate was supposed to play the character or if he was injecting a little something extra in there because he was secretly rooting for the Plaintiffs. But then, any witness in any trial would likely be leaning one way or the other, so was it really that different from real life?

“Sure,” Eric said. “Well. First, how many clients have you served, roughly, in the last five years as an Insurance Broker?”

“Probably… somewhere between thirteen and fourteen thousand,” ‘Fred’ said after briefly glancing at his script.

“That’s an impressive number of clients,” Eric said. “Are you considered a top earner in your brokerage?”

“Top three the last few years,” ‘Fred’ nodded.

“And how many times have you been brought to court based on one of your policies?” Eric asked.

“None,” “Fred’ said.

“Ever get any formal complaints?”

“Nothing that could be taken seriously,” ‘Fred’ said.

“What are the nature of the ‘unserious’ ones?” Eric asked.

“I wouldn’t take unreasonable demands, usually,” ‘Fred’ said. “Or racism, bigotry, misogyny. Usually when someone has such an awful record that they can’t get anything except extremely pricey coverage.”

“Mmm,” Eric hummed and nodded. You were honestly a little impressed at how he was handling the witness. He still had that little bit of odd, buddy-buddy confidence but all of the silly shit about him had dropped away. “Have you ever had a client get their policy cancelled on them?”

“It happens,” ‘Fred’ said. “More often than you would think, but usually it doesn’t happen after an accident.”

“Have you ever had a policy cancelled in a case similar to the Jacobs?” Eric asked.

“Never,” ‘Fred’ said.

“Interesting. Even on these low-cost, high-guideline policies, you work out for friends and family?”

“Hasn’t happened before, or since,” ‘Fred’ shook his head.

“That’s good to know, thank you,” Eric said. “Now, earlier you identified the contract and policy you put together for the Jacobs, and which they signed. I was interested in two clauses in particular.” He pulled out a copy of the policy you had prepared, which the Plaintiffs had already entered as Exhibit #1. “I’ve flagged two specific passages. Could you please read the first one?”

“Policy Holder shall refrain modifying, replacing or adding any functional or cosmetic parts, systems or adornments of the vehicle. All repairs shall be conducted by a licensed professional at a dealership lot of the vehicles’ make,” ‘Fred’ read out.

“Interesting. What would constitute a ‘cosmetic part?’” Eric asked.

“Objection,” Samantha half-shouted, standing up. “Improper lay witness opinion. Mr Garland is not an auto mechanic or engineer.”

“Your Honour, Mr Garland would clearly require the professional knowledge to identify and provide insurance for aftermarket parts on the vehicles he is negotiating a policy for, let alone giving a broad definition of what might cause a breach of those same policies.”

“Overruled,” Judge Mathews nodded, and Samantha sat down with a sour look on her face. “Mr Garland, you may answer the question.”

“Yes, sir. Technically that could be anything from a bumper sticker up to a cosmetic aftermarket spoiler, underglow lighting or a front grill replacement,” ‘Fred’ said.

“Thank you for clarifying that,” Eric said. “Could you read out the second flagged section?”

“If the Policy Holder is found to be operating the vehicle without following all legal motor vehicle laws of their county and State, the Policy Holder will be found at fault.”

“Interesting,” Eric said. “What happens when the policyholder is found to be ‘At Fault?’”

“Depending on the infraction, the Insurance Company can raise the monthly rate permanently following a schedule in the attached Appendix,” ‘Fred’ said. “Or they can cancel the policy altogether.”

You could tell Eric was wrapping up, but you’d realised something important - something you felt stupid for not having thought of ahead of time. Fred Garland had more information that you could squeak out of him now as opposed to later from a different witness.

Fred Garland was the brother-in-law of the Jacobs, which meant he knew them. And he knew their vehicle.

You quickly rifled through the files, both Sabrina and Gemma looking at you in surprise for a moment until you found the right file and flipped through that until you found the proper picture. Once you found it you coughed and cleared your throat - quiet enough not to be disruptive, but enough to get Eric’s attention. He glanced back and saw you tapping a paper on the table.

“Just one more thing, Mr Garland,” Eric said, heading back towards you. He picked up the paper raised his eyebrows and glanced at you, then rolled his eyes as he realised what you’d both missed as well.

Breakthebar erotica is powered by Patreon, where OFG chapters are now releasing 5+ chapters ahead. PM if interested in making a Commission.