Cross-Examination Tips from Cheaters
I’ve got a confession to make. It’s embarrassing, but one of my guilty pleasure is to watch the reality TV show, Cheaters. Cheaters is one of those stupid TV shows that hooks you with the human drama and won’t let you go, even though you’re embarrassed to tell your friends that you watched it. Sure, it’s trash TV, but it’s also watched by nearly 2 million people every week, especially 18-34 year olds, many of whom will get called to jury duty. And since good trial lawyers...
Read MoreShould You Call the Witness a “Liar”?
Have you ever dreamt of conducting a “perfect” impeachment during cross-examination? You know, the type of cross-examination that usually only happens in the movies, impeaching the witness by pinning down their in-court testimony, and then calling them a “liar” when you confront them with undisputed proof that shows their statement is false? Almost every lawyer I know salivates at the prospect of impeaching a witness like that. But before you start calling the witness a...
Read MoreEliminate tag lines during cross-examination
Done well, cross-examination should sound like a well-told story, occasionally interrupted by the witness agreeing with your cross-examination questions. In this trial advocacy article, you’ll learn a simple cross-examination technique for simplifying your cross-exam question and improving the quality of your presentation. The primary difference between direct examination and cross-examination is who testifies. During direct examination, the lawyer asks open-ended questions and lets the witness do all...
Read MoreWhat are your jurors thinking?
When you go to trial, your goal is to persuade the jurors to vote in your client’s favor, right? To accomplish that goal, it’s essential that you find out what they’re thinking. Wouldn’t you like to find out the answers to these questions? Do they believe your witnesses? Do they believe your opponent’s witnesses? Do they have doubts about your theory of the case? Do any of the witnesses have credibility issues? Do they understand technical issues you’ve raised? Are they...
Read MoreShould you cross-examine with prior inconsistent statements?
The prior inconsistent statement. Most cross-examiners love prior inconsistent statements. If you were to create a “top ten” list of methods for impeaching witnesses, prior inconsistent statements would rank near the top. If you’ve ever caught a witness in a genuine inconsistency (“Today you testified that the light was green, but in your deposition, you testified the light was red…”), you understand how effective the impeachment can be. But be careful. Not all prior...
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