5 Direct Examination Techniques You Should Be Using

When conducting direct examination of a party or witness, how you ask the questions can be as important as what you ask. Review and apply these five direct examination techniques every time. Continue reading

Are You Showing Enough in an Offer of Proof?

attorney making offer of proof to judge at trialWhen the opposing side objects to your evidence or the judge rules your evidence inadmissible, it’s time to make an offer of proof to encourage the court to admit the evidence or reconsider its ruling. Here’s a handy table illustrating how much of a showing is necessary in an offer of proof. Continue reading

What You Can’t Ask a Juror During Voir Dire

potential jurors waiting to be questioned by the attorneys and the judgeWhen selecting a jury for a civil trial, counsel has pretty wide latitude in terms of the scope of voir dire questions. But there are limits. Continue reading

Begin and End with Your Strongest Questions

use strong question to open and close your cross-examination of a trial witnessWhen cross-examining a witness, almost always begin and end with your strongest questions. Except in a couple of situations. Continue reading

Should You Object to Compound Questions?

A question to a witness is objectionable on the ground that it’s compound if it joins two or more questions with the disjunctive “or” or the conjunctive “and.” But it may not always make sense to object. Here’s a look at the dangers of compound questions and how to handle them. Continue reading

3 Times Not to Ask Leading Questions on Cross

attorney questioning witness during cross-examinationLeading questions are the main tool of the cross-examiner—they tell a witness how to answer by suggesting an answer. See Evid C §764. But you should also know when using leading questions on cross-examination isn’t the best technique. Continue reading

Should You Use Voir Dire With Opponent’s Expert?

lawyer asking expert witness questions about qualificationsAfter opposing counsel attempts to qualify an expert witness, you can ask the court to let you conduct voir dire on the expert. But just because you can, doesn’t mean you should. Continue reading

5 Tips for Preparing Defense Closing Argument

man holding up five fingers for the five tips for defense closing argumentLike opening statements, defense counsel should strategically organize the closing argument and reduce it to very simple main points. But unlike an opening statement, a closing argument is an explicit argument rather than a narrative containing an implicit argument. Here are five tips for defense counsel’s closing argument. Continue reading

3 Things to Consider When Preparing a Young Witness

girl covering her mouth before testifying in courtWhen it comes to preparing a child to testify at trial, there are at least three things that differ from preparing an adult witness. Continue reading

For Richer or Poorer: Don’t Discuss a Party’s Financial Status with the Jury

woman zipping her mouth shut so she won't discuss parties' financial status with juryMany of us were taught that it’s impolite to refer to someone’s financial status. In a courtroom, it may also be misconduct. Continue reading