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 [...]
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 [...]
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 [...]
The Litigator must be a Counselor Counsel is the third 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 Cross, which is the conduct of a cross-examination during a jury trial. The purpose of Cross is twofold—first, to call [...]
Arguing last is a powerful advantage Arguing last means being the last lawyer the jurors hear from before the judge reads the Instructions. In most states, the plaintiff has the right to argue last. However, some states (like North Carolina) allow the defendant to argue last if he has not put on a case. To [...]
To Close effectively, the Litigator forges an individual connection with the jurors In none of the cases that I have tried before a jury have I heard the judge say to the Litigators “take as much time as you need to close”. In fact, it’s the opposite—judges always limit the closing time, usually to no [...]
The Verdict Sheet is the anchor of the Close After the lawyers have made their closing arguments and the judge has read the Instructions to them, the jurors will go to the jury room to choose their foreman. Then the judge will provide them with the Verdict Sheet that contains the Issues the jury is [...]
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 [...]
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 [...]
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 [...]
