Cross-examination is, of course, the glamour topic of trial practice. You cannot get people too excited about direct examinations or openings, maybe summations, but cross-examination is the riveting topic; the stuff of which legends are made. It is not always easy, and I am going to give you a few pointers. Now for those who have not tried many cases, you cannot learn to be a cross-examiner by just listening to one person talk. But what you can do is pick up a few ideas. And as I talk, it is OK to think, “Hey you know; maybe there’s a better way to do it.” Because, what I am telling you, is my way. And, very often, like a surgeon, there are many ways to get out bad tissue, many options, so we trial lawyers have many ways to get at the same result. It is just the way I do it, but you should use your imagination now for how you would deal with the problem.
Recommended CitationHenry G. Miller, Winning–Or at Least Not Losing–On Cross-Examination, 33 Pace L. Rev. 747 (2013)
Available at: https://digitalcommons.pace.edu/plr/vol33/iss2/6