How do you prepare a witness when a tough cross looms on the horizon?
As we have been discussing, it is often possible to teach a witness to do more than present a strong defense on cross. Sometimes your witness can also present a strong offense. In a situation when you expect a particularly difficult cross for a witness, it can be useful to teach them to present themselves with a stance we call “Radical Unflappability.”
Amidst growing concern about jurors doing online research about cases on which they serve, judges and judicial groups have sought new ways to deter this behavior. They have expanded jury instructions on the issue, elicited signed pledges from jurors, and threatened or even imposed sanctions for violators.
Anyone can teach a witness how to hold the line on cross examination, but can you go farther and actually teach your witness to come out ahead while being cross examined? Here are the techniques that we recommend for teaching your witness to take advantage of opposing counsel’s cross-examination:
Wait For Your Pitch
The first lesson is to teach your witness when to make a move against the examiner. Overall, teach your witness to be well-behaved, calm and likeable throughout the...