Tagged cross-examination

How to lead a witness into a trap

Classic military theory had soldiers hiding in tall grass or in pits or trenches. Ambush, relying entirely on the element of surprise, was always risky because no one could predict what would happen after the surprise wore off. (la version française suit) To confuse the adversary, you will need to be confusing You still see this in the tactics of some litigation counsel.  It is most obvious at trial or during a tribunal hearing.  They will skirt around an issue, question after question, leaving both witness and trier of fact wondering whether the lawyer picked up the right brief that…

Cross-Examining on a discovery transcript

The Format You likely won’t have read it in your evidence textbook in law school.  It is almost an unwritten law, in that the format is available by asking seasoned trial lawyers or at educational seminars.  You’ll be surprised how often, during your career, trial lawyers will not know the proper way to cross-examine on a transcript.  The result is usually embarrassment and being instructed by the trial judge on how to do it.  Don’t be that counsel. You have the transcript.  Hand a copy to the judge to follow along.  File a copy with the registrar, who will then…