Cross-Examination

• Author: Kenneth P. Nolan
• Pages: 91-99

Cross-Examination

91

The idea is to destroy—credibility, confidence, demeanor. Rapid-

fire pointed questions designed to rattle. “Yes or No,” you order in

a stern, loud bark. The witness squirms, hesitates, searches for es-

cape. You pounce, “Yes or no, Sir?” With a sigh, he responds meekly,

his spirit broken, his will exhausted. You have him. Your approach

softens a little, and you go a bit slower, but still with a firm sarcastic

tone. The jury’s awake, heads nodding. You pick up the pace. He

doesn’t resist. He’s yours. You’ll dream about this moment for

months, years, maybe always.

This is the payoff for all the tedious work, the years of exasper-

ating depositions, the hours listening to the pompous instruct on

proper techniques at trial practice seminars, the miserable manda-

tory mediations, the anguish of so many last-second settlements.

Finally, you’re a real lawyer. You’ve arrived.

After all, law should be fun. Well, at least a little. It can be satis-

fying at times, even enjoyable when a thank-you box of chocolates

arrives. Exposing exaggerations, lies, forcing a witness to admit

you’re right—a good, crisp, devastating cross is a hoot. Now you

can join the war-story old-timers in the courthouse halls pontificat-

ing about the time when . . . .

Of course, a knockout cross is as rare as a kind word from one

of your teenagers. Partly, this is because the number of trials has