As we proceed methodically through the art of trial advocacy, we have reached the shores of Cross-examination, the reason many of us chose to apply for law school. As we will learn in Episode 1 of the series to follow, the cross is quite a different animal than the direct. It’s still a discussion between two people, so it conforms to the conventions of a civil interview.
But the goalposts have changed, as have the format, pace, momentum, and control. What’s at the center of the difference is who is telling the story – but we are getting ahead of ourselves.
To put this in context, we have learned how to gather information, analyze it, break it into its components (scenes) and, recently, approach the direct examination of the friendly witnesses. Now we move on to think about the witnesses who may not be so friendly to our client’s case. For one reason or another, your opponent put this witness before the decision-maker. It’s your chance to score points at the expense of the opposition
This series introduces the Three Goals of Cross-examination and presents several techniques to accomplish those goals. At risk – always in advocacy – is that your questions may backfire, causing more damage than benefit.
The first episode, #22 in the series overall, will be free for all subscribers and will introduce the basic tenets of cross-examination. For background, we invite you to watch an excellent short video from one of the greats, Irving Younger, on Youtube here. It’s stand-up comedy quality. Caution: it’s aimed at criminal lawyers.
So, maybe you are curious enough to try out the series by subscribing. Enjoy!