DOUBT CASTING: Calling Testimony Into Question On Material Facts In Dispute

Prior inconsistent statements, external evidence and logic are the three primary sources of Impeachment material While the primary purpose of Cross is to blunt the effect of a hostile witness’ testimony about Facts and Issues (Doubt Casting), the Litigator will sometimes use Cross to gather evidence that he needs to meet his own burden of [...]

By | 2019-01-13T13:36:09+00:00 January 13th, 2019|Country Lawyer|0 Comments

ABC/D: Impeachment Through Accuracy, Bias, Capacity And Diminishment

The jury instructions provide the footings for the building of an effective Cross An excellent Cross is focused tightly on the material facts (Facts) in dispute. A Fact is only material if it bears directly on an Issue that must be decided to resolve the overall controversy—otherwise, it is immaterial. The Litigator should not waste [...]

By | 2019-01-06T14:50:25+00:00 January 6th, 2019|Country Lawyer|0 Comments

CROSSING TO CLOSE: Using Cross-examination To Support The Closing

Cross, Close and Counsel are the three essential skills of the Litigator Performing cross-examination (Cross) is one of the Three-C’s that the Litigator must do with excellence if he wants to be an excellent trial attorney. The other two C’s are deliver the closing argument (Close) and counsel the client (Counsel) . If you break [...]

By | 2019-01-01T11:40:27+00:00 December 30th, 2018|Country Lawyer|0 Comments

The Ten Commandments Of Litigation-free Communication

  In 1960, you had very few communication choices If you had something important to say you could have a meeting, make a telephone call, send a letter, maybe a telegram. But that was about it. Things said in calls and meetings might have gotten the 1960s-you in trouble, but the spoken word evaporated quickly. [...]

By | 2018-02-13T14:35:59+00:00 February 13th, 2018|Uncategorized|0 Comments