Blog posts from the Country Lawyer’s Litigation Handbook

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 |2019-03-31T14:36:42+00:00March 31st, 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 |2019-03-25T10:46:51+00:00March 25th, 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 |2019-03-17T17:54:28+00:00March 17th, 2019|Country Lawyer|0 Comments


The Litigator must be fit to Close effectively The Close is the second of the Three-C’s—those essential skills that a Litigator must do with excellence if he wants to be an excellent trial attorney. The first C is the Cross, the purpose of which is is twofold—first, to call into question hostile witness testimony on [...]

By |2019-03-25T10:46:04+00:00February 4th, 2019|Country Lawyer, Uncategorized|0 Comments

WITNESS CONTROL: The Tactics of Holding Sway

When in charge, take charge To hold sway is to have power or influence over a person, place or process. To be effective on Cross, the Litigator must hold sway over all three. On Cross, the Litigator is in charge, so he must take charge. Cross is like a waltz with the hostile witness as [...]

By |2019-02-04T08:46:14+00:00January 27th, 2019|Country Lawyer|0 Comments

TACTICAL AND TECHNICAL PROFICIENCY: Skillful Use of Deposition Transcripts and Exhibits

Writing down the right questions won’t necessarily get you the right answers I like lawyer jokes because they deftly illustrate how odd the profession must look to an outsider. I know a man named “Steve” who provides expert testimony in a very narrow field of engineering in which I have had several cases. Steve has [...]

By |2019-01-20T19:12:12+00:00January 20th, 2019|Country Lawyer|0 Comments