Don’t Polish a Diamond on the Stand

Posted by Elliott Wilcox

Don’t gild the lily. When a witness gives you a favorable answer (regardless of whether its during direct examination or cross-examination), be wary of trying to improve upon it. Too many times, attorneys have tried to lock the witness down on a point that they’ve already won, only to have the witness improve upon the answer and cram it down the attorney’s throat. For example, let’s say you represent a man accused of Trafficking in Heroin. The government is alleging that he was part of a conspiracy to...

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