Preparing Cross Examination

People ask me how I prepare cross examination and I usually tell them I don’t my client does. That statement is not 100 % accurate, because I usually have my client begin preparing cross examination questions and then I finish the project.

I find that writing out all the questions usually helps, even though I may never use the outline when in the moment. Nonetheless, it helps being overly prepared for this part of the trial. I usually use the same cross examination questions for each witness. Now those of you who haven’t been asleep are probably wondering how this is possible.

I’ll tell you. When I try a case, each witness is doing nothing more than telling my client’s story. Each witness may know only a bit of my client’s story, but they are telling what they know through cross examination. I always tell my client’s story through cross examination.

That’s the true purpose of cross examination, telling your client’s story through cross examination. It also helps to understand how.  By the time I have met with my clients and we have learned how to try the case, we have developed the story and now we just need to tell it. Nothing more, nothing less. We don’t need to kill the witness, we don’t need a pound of flesh, we just need to tell the client’s story.

So when telling a story, you begin at the beginning and end at the end. That’s cross examination, plain and simple. It works, try it.

I hope your lawyer knows how to tell a story, I’m off to court. Have a nice day everyone.

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