In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, advise on more effective ...
In a recent Law.com article, Skadden attorney Manuel Cachán advises that a prohibition on leading your witness in direct should not mean relinquishing control of that witness. He notes: Direct ...
Law360, New York ( May 21, 2014, 6:59 PM EDT) -- Direct examination is not the sexiest part of a jury trial — it rarely has the drama of a cross-examination, the novelty of the opening statement, or ...
The real purpose of direct examination is to “argue” the case via questions from counsel and answers from the witness. Trial lawyers asking the questions must be skilled in not only posing the right ...
Direct and Cross Examination in Divorce Proceedings Alan Feigenbaum discusses the recent decision, T.I. v. R.I., where Justice Jeffrey Sunshine “provides a stellar educational tool in terms of ...
Law360, New York ( July 31, 2015, 11:53 AM EDT) -- Effective direct examination is one of the most difficult, and underappreciated, skills in civil or criminal trials. At first blush, it is the least ...
Direct examination is the heart of the trial. It is also your greatest challenge. You must avoid leading questions used in cross-examination, and ask open-ended questions, meaning that unlike other ...
Sometimes, the conventional wisdom is dangerously wrong. Today’s conventional wisdom is this: “Never do any direct examination of your own witnesses at [discovery] depositions. These witnesses are ...
A few years ago, I had the opportunity to attend every day of a civil trial, and then interview all of the jurors at the end of their service. I planned out a very comprehensive interview for each of ...
Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close this fall. During those years, McElhaney’s straightforward advice on trial practice became ...
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