how to be cross examined by a good attorney

1. Watch a cross-examination. Don’t rely on movies or TV shows. Instead, go into a courtroom and watch a trial.
2. Review all of your prior statements. You should expect the lawyer to be well prepared for cross-examination.
3. Practice your testimony on cross-examination. Ideally, your lawyer will do a dry run practice session.
4. Inform your lawyer of any problems with your testimony. Your lawyer can defuse any bad fact by addressing it first on direct testimony.
5. Realize your attorney can clarify confusion. Lawyers are skilled at asking “yes or no” questions. These aren’t really questions at all.
6. Eat a good breakfast the day of trial. Cross-examination can be emotionally draining. ...

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How to tell if a lawyer is good at cross examination?

Nov 26, 2011 · Don't take the bait. Even if you feel angry, don't give the attorney the satisfaction of seeing it. Count to 10 in your head if you have to. Never let them see you sweat, and never let the Judge see you angry. Some attorneys like to argue with you. If that happens, your attorney should make an objection, but even if there's no objection, don't argue.

Why do lawyers cross-examine witnesses?

Tips for Effective Cross-Examination. October 1, 2006. Organize. Do not necessarily follow the order of opposing counsel’s direct examination of the witness. Use principals of primacy and recency. What the jury hears first and last are most memorable. Utilize the Two Types of Cross-Examination, as Appropriate.

How do you prepare a cross examination for a criminal case?

Aug 24, 2009 · Here are some basic tips on how to act when being cross-examined by another lawyer: – dress professionally, as it really does help. – ask for a glass of water when going into the witness stand at court or when at the reporters office for a discovery – it helps cure that dry mouth problem.

What can you ask an expert on cross-examination?

Jan 11, 2017 · How a Trial Attorney Prepares to Cross-Examine an Expert By James J. Mangraviti, Jr., Esq. Attorneys typically go through a three-step process when they prepare for cross-examination of an adverse expert witnesses. This three-step process includes the following. First, the attorney prepares a detailed investigation of the expert.

How do you win a cross-examination?

What can be asked in cross-examination?

How do you discredit evidence?

What should we not do in cross-examination?

What makes a witness hostile?

How do you prove a witness is biased?

What are the 3 burdens of proof?

How do you destroy credibility?

What makes a victim not credible?

What is cross examination in a trial?

Cross-examination is, like all other parts of the trial (opening, direct examinations and closing), a means by which you argue your case.

Should you get constructive testimony before cross examination?

Generally speaking, if you need constructive testimony from a witness, it is better to get it first before moving into destructive cross-examination. After having her credibility challenged, the witness will be more likely to fight you on the points about which you seek her agreement.

What is constructive cross-examination?

With constructive cross-examination, the lawyer seeks to get helpful testimony from the witness. Such testimony can corroborate the testimony of one of your witnesses or impeach another witness, either or both of which may be helpful to your case.

Can a witness quibble with a fact?

The more complicated a question or the more loaded it is with facts, the more easily the witness can quibble with it or deny it. The witness may fairly deny the question based the fact that a sub-part or minor fact, for example, is technically incorrect.

Can opposing counsel use "isn't it true that"?

While opposing counsel might object on the grounds that , technically, you are not asking a question, the question is implied from your tone of voice. In any event , if the objection is sustained, you can revert to using the “isn’t it true that” format to cure the objection.

Can a lawyer make up cross examination?

There are a handful of lawyers who are so gifted, they can make up cross-examination as they go. More likely than not, you are not one of these lawyers. Usually, attorneys who “wing it” on cross-examination are ineffective – or worse – become victims of their own questions.

Can an attorney wing cross examination?

Usually, attorneys who “wing it” on cross-examination are ineffective – or worse – become victims of their own questions. For the overwhelming majority of us, preparing cross-examination in writing is essential.

Is cross examination the hardest part of a trial?

The Art Of Cross-Examination. While direct examination may be the hardest – and most important – part of any trial, cross-examination is usually the most fun. Unfortunately, most lawyers do not cross-examine witnesses well and forget that the purpose of cross-examination is not simply to attack an adversary, but to strengthen your own case.

Does cross examination add anything to a case?

But, often, cross-examination will add nothing to your case. If cross-examination of a witness does not help your case, then let the witness go without asking a question. Asking a few harmless questions of a witness only suggests to the jury you believe the witness is worth questioning.

What to do if cross-examination does not help your case?

If cross-examination of a witness does not help your case, then let the witness go without asking a question. Asking a few harmless questions of a witness only suggests to the jury you believe the witness is worth questioning.

What happens if an attorney cannot find the point of impeachment?

Worse yet, if the attorney cannot find the point of impeachment while the jury is waiting, the attorney looks silly and the witness looks even more credible. Effective cross-examination requires the cross-examining attorney to be able to challenge an incorrect answer in a moment’s notice.

What is effective cross examination?

In addition, effective cross-examination does not move from one point, to another point, and then back to a first point. Disjointed cross-examination comes off as scattered and confusing.

What to do when an attorney cross examines a witness?

Remember to stay in control. When an attorney cross examines a witness, the attorney is the one who should be driving the conversation. Do not allow the witness to insert unneeded or damaging information or statement of his or her own. Ask the judge to instruct the witness to only answer the questions that are directed to that witness.

What is a good cross examination?

A good cross examiner uses leading questions to elicit the desired response from the witness and advance the case in a positive direction. Steps.

What is cross examination in a trial?

During a trial, your cross examination of the opposing counsel's witness is an opportunity to make him or her appear unreliable. Successful cross examinations capture the attention of the jury and judge and expose the holes in the other side’s case.

Should you learn more information during cross examination?

Nope! By the time you reach the cross-examination, you should have all the information you need to make the case for your client. You shouldn't be learning any new information during the cross-examination.

What to do when you find something you can use?

When you find something you can use, craft questions that will make the inconsistencies apparent to the jury and judge during the cross examination. Find biases as well. Starting the cross examination with the witness’s bias can cast a shadow on the rest of his or her testimony.

What is the goal of a to-the-point question?

The goal is to ask a series of to-the-point questions that will steer the witness into giving answers that benefit you by revealing the holes, biases and weak points in the witness's testimony.

Can a lawyer cross examine you?

Your lawyer can pretend to be the attorney cross-examining you. After the practice session, you and your lawyer can review your testimony. Practice with a friend or family member if your lawyer won’t do a practice session. Think of what questions the other side might have.

How to do cross examination?

Don’t rely on movies or TV shows. Instead, go into a courtroom and watch a trial. Pay attention to how attorneys ask questions and how witnesses respond. Take a notepad with you so you can capture your thoughts as you watch the cross-examination.

Is cross examination the most dramatic part of a trial?

In movies and TV shows, cross-examination is always the most dramatic part of a trial. The lawyer is aggressive, and the witness either folds under the intense questioning or erupts in anger. In real life, cross-examination can be much less dramatic—if you prepare properly.

What is it called when a lawyer asks you to answer again?

Your lawyer will have a chance to question you again after the other side’s lawyer. This is called “redirect. ”. On redirect, your lawyer can then let you add context or detail to more fully explain your answer. Note that you must give your best answer since you are under oath.

What to do if you made misstatements in a deposition?

It will take some of the sting out of the negative information. If you made misstatements in prior testimony (such as a deposition), let your lawyer know. They will give you a chance to correct it on direct testimony. If you have criminal convictions or convictions for perjury (lying), let your lawyer know.

How to act when cross-examined?

Here are some basic tips on how to act when being cross-examined by another lawyer: – dress professionally, as it really does help. – ask for a glass of water when going into the witness stand at court or when at the reporters office for a discovery – it helps cure that dry mouth problem.

Is it bad to agree to cross-examine?

Agreeing without thinking is usually is a bad thing when being cross-examined, so consider the question asked and answer it honestly and carefully. – Answer the question, stop talking and wait for the lawyer to ask the next question. – Don’t ramble on.

Is it bad to ask a lawyer a question without thinking?

Agreeing without thinking is usually is a bad thing when being cross-examined, so consider the question asked and answer it honestly and carefully. – Don’t ramble on. Sometimes lawyers will intentionally not ask another question and will just look at you. They are trying to goad you into talking more than you should.

Is being examined as a witness traumatic?

Being examined as a witness is generally a traumatic experience for most. Not many people wake up in the morning and decide a nice grilling by a lawyer would make a great way to spend the day.

Can you ask leading questions on cross examination?

Leading questions can typically be answered with a “yes” or “ no.”. Although they are prohibited on direct examination, you can ask leading questions on cross-examination. Make sure to ask the expert leading questions since they give the expert fewer ways to deflect.

Can an expert witness opine on the case?

For example, an expert can testify that a child's behavior is consistent with child abuse. However, they can't opine that the defendant is guilty .

What is an expert witness?

Expert witnesses are key witnesses in many types of lawsuits. For example, an expert typically testifies in a medical malpractice lawsuit or in a lawsuit claiming a product was defective. You must prepare for the cross-examination extensively. Research the expert's background and study their expert report inside and out.

Do all expert witnesses have to submit a report?

Not all expert witnesses have to submit a report. For instance, a physician can be both an expert witness and a "fact witness" in a personal injury case. Since they would be a kind of hybrid witness, a report is not required.

Can an expert testify in a deposition?

The expert should also have testified in a deposition earlier in the lawsuit. In many ways, a deposition is a dry run for their trial testimony. Analyze the deposition testimony to see what the expert said. Remember you can use the expert's deposition testimony to impeach them during trial.

Can an expert rely on research that shows how a certain drug affects people?

However, all of the people in the study might have been middle-aged men of a certain weight. If your client is an underweight female, then the expert's evidence is not relevant.

How to undermine an expert witness' credibility?

A good way to undermine an expert witness' credibility is to confront them with a statement that conflicts with their testimony on direct examination. You can find conflicting statements in a variety of cases: the deposition, a deposition in a prior case, the expert report, or court testimony in a prior case.

What is cross examination in law?

Cross examination is an opportunity for the opposing attorney to challenge what you've said. It's a chance to expose inconsistencies in what you've said. It's a chance to search for the truth. It's a chance to show you may have lied.

Can an opposing attorney ask a question?

If done correctly, the opposing attorney should never ask you a question that allows you to explain ANYTHING. If he does, he loses control of the questioning and the jury then focuses their attention back on YOU. He doesn't want that. The opposing lawyer wants the jury focused on him while cross examining you.

What happens if a doctor refuses to settle a case?

The doctor refuses to negotiate. He refuses to settle. That means your case is going to trial. Two to three years down the road, your case finally comes up for trial.

What happens if the jury finds you are not believable?

If the jury finds that you are not believable, you've likely sunk your case. If the defense lawyer can show that you've lied about something important, you've got problems. A really good trial attorney will ask you short, leading questions during cross examination.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country