The Art of Cross-Examination… for FREE!
If you’re a trial lawyer, you’ve surely heard of Francis Wellman’s classic treatise, “The Art of Cross-Examination.” I managed to get my hands on it and wanted to give it to you for free, so go to to www.TheArtOfCrossExamination.com to read your copy online or download a copy...
Read MoreHow to Respond to Difficult Questions
Have you ever found yourself “on the spot,” forced to respond to difficult questions? Regardless of whether the questions came from clients inquiring about their cases, from a senior partner asking about a brief you wrote, or from a judge cross-examining you during a motion hearing, it’s always a frustrating experience when you’re asked difficult questions that you haven’t anticipated and aren’t fully prepared to answer. It’s even worse when you know that you know the correct answer, but for...
Read MoreThe Proper Use of Notes During Jury Trials
How many notes do you use during trial? It’s a delicate balancing act. Too few notes, and you run the risk of forgetting to address an important element of your case. Too many notes, and you risk sounding scripted. Here are a couple of quick tips for improving your use of notes during trial. When Speaking Directly to the Jury The importance of eye contact in the courtroom can’t be overstated. The visible (sometimes barely visible) reactions of your jurors can help you decide...
Read MoreWhat REALLY Matters During Cross-Examination?
With language, it’s not just the words you use, but the order they’re placed in. By changing the syntax, you can radically alter the meaning of a phrase. For example, look at these two phrases: #1: You are not as pretty as she is. #2: She is not as pretty as you are. Same words, different meanings. Both phrases contain exactly the same words, but only one gets you slapped across the face. Obviously, syntax can be powerful, so in this tip, you’ll learn how to harness...
Read MoreHow to Testify
How many times did you testify during your last trial? According to the Federal Rules of Evidence definition of “testimony”, your official answer should be zero. Unless something bizarre and unexpected arose, you probably didn’t find yourself raising your right hand, swearing or affirming to tell the truth, sitting in the witness box, and then telling “the truth, the whole truth, and nothing but the truth.” But that doesn’t mean you didn’t testify. In fact, you probably testified...
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