Advocacy Club Boot Camp on Substack

Advocacy Club Boot Camp on Substack

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Advocacy Club Boot Camp on Substack
Advocacy Club Boot Camp on Substack
Cross-examinations #8 - Argumentative Witnesses

Cross-examinations #8 - Argumentative Witnesses

How to deal with the uncooperative witness

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John Hollander
Jul 17, 2023
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Advocacy Club Boot Camp on Substack
Advocacy Club Boot Camp on Substack
Cross-examinations #8 - Argumentative Witnesses
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With impeachment, exaggeration and controversial testimony covered, let's move on to a situation that makes your audience - the decision-maker – the most uncomfortable. If a witness wants to argue with you, the cross-examiner, what do you do about it?

Witnesses don’t want to sit in the witness box while you bombard them with your targeted questions, manipulating them to admit things that help your case and hurt the cause they support. Often, that they think make them look like fools or liars. Some will rise to the occasion and challenge you. They answer the most straightforward question – the one that begs for a 'yes' – with a long answer that explains, that provides reasons and details you never asked for. In other words, they are arguing with you. Your question showed that you were wrong! Here's why! OK, what do you do now?

Your instinct is to accept the challenge and argue back. Any trial judge or tribunal member will tell you that's the wrong approach. You are the professional in the two-way discussion. Act like it!

OK, so you can't argue. What are your choices?

We are in the midst of covering the nitty-gritty of trial advocacy. This technique alone may well justify the small outlay to become a paid subscriber. It may not be covered elsewhere as tactically as here. If you have a trial or hearing coming up, doesn’t it make sense to get this one right?

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