CHOOSE YOUR WEAPON
By William A. Barton, ESQ.
models of cross-examination— and how to deploy each one with precision, credibility, and purpose
Lawyers have developed a number of approaches in pursuit of the“ perfect” cross-examination. I count at least seven distinct types of cross, each with unique applications. Like different pitches in baseball, the combination of these techniques in the same trial proves more effective than the repetition of any single style of cross. Cross is not one thing. It is not one rhythm. It is not one personality. It is a toolbox. And if your only tool is a hammer, every problem looks like a nail.
Sharpening Your Cross Style
Cross is where personality intersects with content. With repetition, you refine your style. If you aren’ t naturally extroverted, don’ t worry. You can own a very effective cross within your natural range. I recommend you test the various cross-examination approaches. Push yourself, and keep in mind that growth requires risk.
But there’ s another factor to consider when choosing your cross-examination weapon— your judge. Knowing your judge can and will limit your options. Judges are more important than umpires, and your best bet for a home run is to understand key things about who’ s calling the shots in your courtroom.
Ask yourself:
• Does the judge allow explanations?
• Will the judge strike non-responsive answers?
• When will the judge declare a witness hostile?
• Is the judge inclusive or exclusive on evidence?
• Is re-cross allowed?
• Do jurors ask questions?
Your answers to these questions will dictate your cross strategy. Now, let’ s walk through the different kinds.
The Amercian Trial Lawyer x 47