Litigation

Cross-Examination: Tips from a Pro

By Evan Schaeffer

I've written before about Your Witness: Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers, edited by Steven F. Molo and James R. Figliulo.

One of the contributors, Peter C. John, has an article titled "Cross-Examination and Jury Ego," in which he advises lawyers to "lead but don't feed." In other words, you should aim to paint a picture for the jury which allows them to draw their own conclusion, the one you want them to reach. But you shouldn't make this conclusion too obvious, since the jury's "jury ego" requires it "to find the answer based on their own evaluation of the evidence, not yours."

If you force-feed the jury, it could be counterproductive. For example, you can demonstrate that the witness has changed his testimony time and again, but you shouldn't ask the follow-up, "Were you lying then or are you lying now?" Jurors will get the point on their own.

If you own (or can borrow) the book, check out the article. At the end, John gives some other general tips, including the following:

• "If you can score ten points in cross-examination, prioritize and only use five of them for maximum impact."
• "Never belabor your point so that witnesses can gather themselves and finally explain an answer."
• "Control the testimony by your questions, not the witness's answers, especially with expert witnesses."
• "Do not change your personality from direct unless it is an honest disbelief from the testimony or actual surprise. False reactions are obvious to the jury."

In addition to John's article, Your Witness contains another 49 articles from Chicago lawyers, plus an introduction by Scott Turow.

Full post as published by The Illinois Trial Practice Blog on June 11, 2009 (boomark / email).