Trial Techniques – The Art of Cross-Examination – Part V

In our prior four (4) entries, concerning the art of cross-examination, we have discussed the objectives of cross-examination and have suggested that there are four (4) alternative purposes for successful cross-examination that should be considered by trial counsel. In this article, we are going to address techniques involved in successful cross-examination. Any experienced trial counsel will recognize these rules as being fundamental to a truly successful cross-examination of any material witness.
Rule No. 1 of 12: The successful cross-examination is well prepared in advance of the exercise.
When you shoot from the hip during a trial, you generally shoot yourself in the foot. Depositions, witness statements, exhibits and everything in the file must be carefully considered and reviewed in advance of trial to find material for suitable cross-examination. As an example, trial counsel should look for opportunities to get two witnesses for the opposing side to contradict one another. Trial counsel must review every single thing in the file to see what objectives can be met when considering the four (4) alternative purposes of cross-examination. This requires extreme attention to detail and meticulous preparation in advance of trial. Even the nature of the questioning, as we shall see in a later discussion of the discipline required for this art is very important because preparation in advance of trial allows counsel to craft questions carefully, usually in a leading manner, which will insure that counsel gets the answers they seek while at the same time insuring against eliciting answers they do not seek.