Questioning Tactics and Real-World Strategies for Getting the Results You Want
Are you confident in your abilities to cross-examine a witness? Do you find yourself struggling to get the results you need? Do you know what tactics actually work and what might land you in hot water? Cross-examination can be your most powerful tool during trial. It's also a challenging art that, if done incorrectly, can easily break your case. Learn how to effectively get the testimony you need to win over the decision makers - and discover which questions and techniques you need to avoid. Build your cross-examination skills - order today!
- Learn how to effectively find impeachment material.
- Discover how to fully ready yourself to avoid hurting your cause with inadequate preparation.
- Uncover real-world questioning techniques for controlling the direction of the examination.
- Hear how to deftly deal with objections made by opposing counsel.
- Know what to do when faced with different types of difficult or special witnesses.
- Find out how to deliver a powerful blow to an opposing expert's credibility.
- Gain proven tactics for impeaching adverse witnesses.
- Avoid mistakes and explore how to mitigate the damage to your case if you slip up.
This is a rebroadcast of the original webcast delivered by Jan I. Berlage, Jonathan E. Goldberg and James M. Susag on September 5, 2019. Faculty will be available to answer your questions after the program.
10:00 am to 5:00 pm Eastern Standard Time
- Rules, Research and Preparing for the Cross-Exam
10:00 - 11:00, Jonathan E. Goldberg
- Cross-Examination Procedure and Rules
- Finding Evidence of Unreliability and Lack of Credibility
- Investigating Witnesses Online
- Using Depositions to Obtain Information and Concessions
- Best Practices for Preparing for Cross-Examination
- Preparing Notes, Outlines, Exhibits, etc.
- Readying Your Own Client and Witnesses
- Maintaining Control of the Witness and the Direction of the Examination
11:15 - 12:45, James M. Susag
- Questioning Tactics for Cross-Examination
- Tactical Sequencing
- Using Loops
- Turning the Tables for Witnesses Who Put You on the Defensive
- Adjusting Your Language and Tone
- Eliciting Testimony That Bolsters Your Theme and Theory
- Maximizing the Impact of Concessions
- Responding to Opposing Counsel's Objections
- Cross-Examining Experts, Difficult and Special Witnesses
1:15 - 2:15, James M. Susag
- Cross-Examining Expert Witnesses
- The Hostile or Arguing Witness
- The Runaway/Explaining Witness
- The Silent or Evasive Witness
- The Lying, Mistaken or "I Don't Remember" Witness
- The Crying Witness
- The Surprise Witness
- Cross-Examining Children
- Witnesses with Diminished Capacity and Other Special Witnesses
- Effective Witness Impeachment Tactics
2:15 - 3:15, Jonathan E. Goldberg
- Introducing Exhibits
- Impeachment by Prior Inconsistent Statements
- Evidence of Bias
- Prior Convictions
- Character Evidence
- Inadequate Perception
- Contradiction by Other Evidence
- Anticipating and Responding to Objections
- Using Depositions for Impeachment at Trial
- Avoiding Mistakes in Cross-Examination
3:30 - 4:00, Jan I. Berlage
- Common Mistakes Made by Young Attorneys
- When NOT to Cross-Examine a Witness
- Questions and Tactics That Can Backfire
- How to Get Results Without Looking Like a Bully
- Avoiding the One Question Too Many
- Techniques for Mitigating the Impact of Common Mistakes
- Legal Ethics of Using or Examining Witnesses
4:00 - 5:00, Jan I. Berlage
- Preparation of Witnesses
- Compensating Witnesses
- When a Client or Witness Lies
- Ethical Considerations in Witness Examination
- Clarifying Testimony
- Confidentiality, Privilege and Work Product Issues
This program is designed for attorneys who wish to build their cross-examination skills.