An effective Cross-Examiner

I humbly believe that to be an effective cross-examiner, it is insufficient for us to know the points that we need to establish. It involves many key factors as discussed by many great trial lawyers in their books which I which to summarise herein, inter alia, natural talents, the ability to think and to react quickly, the ability to know when to quit and the counsel himself much be confident.

In my first year in practice, during trial, I tend to ask many and long questions to my opponent's witnesses for fear of missing important point. I thought by doing so, I will be able to give a hard time to them and my client would be pleased with me.

At that point of time, I did not realise that I had made few fundamental mistakes. My first mistake was I ask too many and the second mistake was I forgot to stop questioning even though I got what I wanted from the witness.

Honestly now, I do not think that thousand questions have any bearing to my client’s case. Remember, by repeating yourself many times (it is only necessary when the witness is being evasive or the judge is senile) you will open the door for the witness to start giving explanation which is not the goals for cross examination. Further, no judge likes to listen to the same story over and over again especially when he has another case to attend with. Once the judge is annoyed with you, he will (may) keep hunting you (forever) and make your life miserable.

You have the advantage to be an effective cross-examiner if you are the good speaker and the good orator although it is not always the case. As concluded by the book I read recently which inspires me to share the ‘art’ of cross-examination for the junior lawyer, basically what is needed is the continuous effort to upgrade and hone the questioning skills by:

(a)    doing some reading on major works on this subject;

(b)   practicing which means you must conduct a trial and gain experience; and

(c)    analysing your own performance after trial.

As conclusion, I wish to quote the words from Timothy A. Pratt which had written the article entitled “The Ten Commandments of Cross-Examination” where he says:

“One does not learn to be good at cross-examination by reading papers. The successful artist learns by doing it, or watching others to do it well, by reading trial and deposition transcripts or, better yet, by conducting the examination personally.”

P/s- do not afraid to make mistake. Once you are afraid to a make mistake it will make you a coward.

To my learned “FREN” which I do not wish to mention here, what you said to me last night and every single day will be my guidance forever.