Personal Injury Law

Trial Techniques: The Art of Cross-Examination - Part I

This entry will be the beginning of a series of blogs on trial techniques used by successful trial attorneys in the representation of their clients. The art of cross-examination is just that, an art, not a science. To be a successful trial lawyer, one has to be successful at cross-examination. This requires some natural ability to think logically in the heat of battle a fundamental understanding of what makes for successful cross-examination and actual trial experience.

As successful trial lawyer does not become a successful cross-examiner imitating what is seen on television or other dramatic adaptations. Life is rarely as dramatic as Perry Mason or Matlock. Also, a trial lawyer does not become successful imitating the style and techniques of others. It is imperative that one be his or herself and develop their own style. If a trial lawyer is authentic and uses proper technique, cross-examination can be effective and the truth will emerge which is, of course, the objective of the exercise.

In this beginning article, we are going to explore, in a series of entries, how one should go about effective cross-examination. What are the objectives of cross-examination? We posit four of them. After discussing these four topics, we shall address Twelve (12) Rules which need to be followed if one is to become a successful cross-examiner. To become proficient in the art of cross-examination, certain rules should always be observed, otherwise the exercise will likely be a failure.

Turning to the first question posed: ?What are the objectives of cross-examination?? In this entry, we shall address the first of four alternative purposes. The first purpose is often overlooked but nonetheless extremely important.

The first important objective of cross-examination is to obtain evidence which is favorable to your case. It is not necessary to destroy or impeach a witness in every single case. A witness called by an opponent may possess facts which are helpful to your case and thus successful cross-examination can bring out these favorable facts without necessarily having to even attack the witness or his or her credibility. A perfect example of this would be when a defense attorney gains admissions from a plaintiff on cross-examination of all the things they have been able to do since an allegedly disabling injury. By cross-examining the plaintiff about vacations, golf outings, sport outings and things of that nature, obviously, the defense attorney is obtaining favorable testimony which helps to establish that the plaintiff may not be as seriously or permanently injured as is being claimed. Thus, the first purpose that should be considered by counsel in formulating a cross-examination outline for any particular witness is to elicit the evidence that witness may possess which is favorable to your client?s case.

Full post as published by Georgia Injury Lawyer Blog on April 10, 2009 (boomark / email).