To get an
expert witness
to change his
opinion on the
stand is almost
unheard of,”
Hangley says.
“I don’t expect
that to ever
happen again in
my lifetime.
so the longtime trial lawyer did what he
does best. He began methodically cross-examining the psychiatrist, employing a
conversational courtroom tactic that has
served him well over the years.
“Some lawyers are confrontational.
They want to make a witness feel like
dirt and then he’s putty in their hands.
That’s not my approach,” says Hangley.
“I think a lot of witness examination
should be freestyle, where the witness is
invested in the conversation. Then, how
you ask your questions, the pace you
set, and the energy you build into the
conversation is, if you’re fortunate, going
to lead to the truth.”
Marc J. Sonnenfeld has witnessed
Hangley’s nuanced courtroom presence
on many occasions. The two lawyers, now
close friends, have known each other since
they worked together during the inception
of Hangley’s firm.
“He’s a terrific lawyer and he’s got a
very nice presence about him. He walks
into a courtroom and that presence is felt
immediately,” says Sonnenfeld, now a
partner at Morgan Lewis in Philadelphia.
“And he’s very good on his feet. He
exudes great confidence and he’s also
very charming, which is something that
definitely serves him well in front of juries
and judges.”
It served him well inside that York
County courthouse in 2005. With the aid of
his own psychological expert, information
from the American Psychological and
American Psychiatric associations, and
studies that demonstrated the fallibility
of standardized tests in determining
disabilities, Hangley patiently walked the
county’s witness through a conversation
that ended in a startling admission.
“He said, ‘Mr. Hangley, you’re right,’”
Hangley says. “‘He’s retarded. I shouldn’t
have said he wasn’t.’”
Recalling the moment, Hangley leans
back in his chair and looks through the
27th story window of his firm’s conference
room. “I don’t expect that to ever happen
again in my lifetime,” he says. “It was
probably the one piece of lawyering I’m
proudest of. To get an expert witness to
change his opinion on the stand is almost
unheard of. And considering that a man’s
life was in the balance and that we saved
his life that day … I still get shivers when I
think about that moment.”
