Audience of Cross

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2ND ROOKIE MISTAKE OF CROSS-EXAMINATION: BEING WITHOUT PROOF

You Know the Cross-Examiner is a Rookie When . . .A lawyer should never attempt to impeach a witness with a prior inconsistent statement if the prior statement cannot be proven. Some lawyers ask about a prior statement without proof of the prior statement in the hopes that either the witness will admit it or, [...]

THE AUDIENCE OF CROSS-EXAMINATION

Whenever we rise to our feet to conduct the examination of a witness, we must always be cognizant of our audience. One group of jurors might think a cross-examination brilliant while another might think the lawyer a bumbling fool or—worse yet—an arrogant vulgarian. We have not done our client any good when we perform a [...]