5 11, 2013

THE CROSS-EXAMINER’ DEMEANOR – DO’S AND DON’TS

By |November 5th, 2013|Books on Cross, Contradiction Technique of Cross-Examination, Don'ts for Cross-Examination, Expert Witness, Tips on Cross|4 Comments

Don’t Show the DamageYou asked the “Why” question on cross-examination. And, you just learned why it is a commandment that you should never ask a “why” question on cross. You learned that you opened the door for the expert witness who is now expounding on the other side’s case theory. You wish you could go [...]

4 11, 2013

TRIAL OBJECTION LIST

By |November 4th, 2013|Evidence Skills, Objections|134 Comments

Another post – “How to Object” – discusses approaches to making objections when the grounds for the objections do not come readily to mind. One way to make it likely that the grounds for the objection will pop into your mind is to have reviewed a list of objections categorized by Phase of Trial - [...]

26 10, 2013

CROSS-EXAMINATION – THINK BIG

By |October 26th, 2013|Cross Handbook, Don'ts for Cross-Examination, Tips on Cross|43 Comments

No cross-examination is more ineffective than one that dwells on minutia. A cross that focuses on inconsequential matter neither builds the cross-examiner’s case nor undercuts the other side’s case. It serves no purpose. It can be tedious. And, it can damage the credibility of the cross-examiner. Henry Miller, a seasoned trial attorney put it this [...]

22 10, 2013

HOW TO OBJECT IN TRIAL

By |October 22nd, 2013|Evidence Skills, Objections|0 Comments

Opposing counsel’s asks a question or offers some piece of evidence, say a written statement. You know the question or the evidence is objectionable. You know there is a violation of the evidence rules. But, where in the mass of evidence law is the grounds for the objection? Nothing comes to mind. The attic is [...]

16 10, 2013

COURTHOUSE DOGS – VOTE NOW

By |October 16th, 2013|Courthouse Dogs|0 Comments

Don’t miss your chance to vote for Courthouse Dogs to receive a HiiL Innovating Justice Award 2013. The deadline to vote is this Friday October 18.The Courthouse Dog’s project is an innovative and important improvement in the justice system. A courthouse dog can provide comfort to crime victims and people with disabilities. Courthouse Dogs is [...]

16 10, 2013

LAWYERS’ DUMB QUESTIONS

By |October 16th, 2013|Don'ts for Cross-Examination, Humor, Questions|0 Comments

Here is some more on the subject of questioning. Lawyers ask some dumb questions on cross-examination. “Why?” being the dumbest of them all because it opens the door for the witness to say almost anything. The following quotations are taken from official court records across the nation, showing how funny and embarrassing it is that [...]

13 10, 2013

WHAT’S IN A QUESTION?

By |October 13th, 2013|Aggressive Questioning, Deposition and Cross, Interrogation, Interview, Questions, Tips on Cross|0 Comments

All questions are not created equal. What we are trying to accomplish by questioning determines what questions we ask, and how we ask them. “Have you stopped beating your wife?” is not a question designed to elicit information. Socrates asked questions to make his listeners think, and his methodology led to countless generations of law [...]

29 08, 2013

MARTIN LUTHER KING’S ADVOCACY SKILLS

By |August 29th, 2013|Martin Luther King, oratory, persuasion, Trial Tips|0 Comments

None of the students in my Trial Advocacy class were alive at the time of the march on Washington. None of them had watched the Martin Luther King’s “I Have a Dream” speech in its entirety. So, Tuesday’s class was an opportunity to not only commemorate the march and the speech but also let them [...]

28 08, 2013

CROSS-EXAMINATION TO IDENTITY

By |August 28th, 2013|Barrister Richard Harris, Contradiction Technique of Cross-Examination, Identification Witness|1 Comment

How far has the art of cross-examination progressed in the last century? Has it progressed at all? We can get some indication from Illustrations in Advocacy, a nineteenth century trial advocacy manual by the British barrister, Richard Harris. In a chapter entitled “Several Modes of Cross-Examination,” Harris discusses how, and how not, to cross-examine an [...]

26 07, 2013

THE THREE I’S OF IMPEACHMENT CROSS-EXAMINATION

By |July 26th, 2013|Impeachment, Tips on Cross, Zimmerman Trial|0 Comments

It may be somewhat counterintuitive, but the impeachment of a witness is not the primary goal of cross-examination. The primary goal of cross-examination is to persuade the jury to endorse your case theory. Impeaching opposing witnesses contributes to proving your case theory only indirectly. It tends to encourage the finder-of-fact to reject the opposing side’s [...]

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