In this podcast, you’ll learn why being a “natural born leader” can be a drawback during direct examination. Leading questions are essential to a strong cross-examination, but you’ll learn why asking leading questions during direct-examination can weaken your courtroom presentation and prevent jurors from believing your client’s case.
Why you shouldn't ask leading questions during direct examination [ 7:52 ] Play Now | Play in Popup | Download (486)Tell us what you think
One Comment
Leave a Comment
Resources for Trial Lawyers
Was a trial judge for 18 years. Before that a state and federal prosecutor. Am writing a booklet about direct examination. Core is to avoid leading questions like the plague. The objections have the defense counsel and trial judge disrupting your case. The secret is to build confidence of witnesses so they give you a “two fact” answer to your “what happened next.” When you get into this easy rhythm, the jurors concentrate fully on the witness and not you. Stumbled onto this system, and confirmed it when a judge told me “I like your technique, I can make a nice set of notes.” Bingo. That means the jury can easily follow your direct. Oh by the way, if trying a case before a judge, it is critical to your cause if the judge ends up with a beautiful set of notes from your direct. Greatly enhances your chance of victory.