Friday, November 15, 2019

The Art of Non-Cross Examination


I never developed any real chops as an interrogator of witnesses when I practiced law, mostly because I had so few chances to practice before I left the law for seminary.  But I worked with some fine trial lawyers and sat through many depositions (sworn testimony), and Lord have mercy, Steve Castor is the reason most law firms don't let inexperienced or incompetent lawyers cross-examine witnesses.

This is utterly baffling to me.  I have no idea what he's trying to accomplish.  This is the work of a first-year lawyer who only knows he needs to ask questions, but isn't sure quite how to do it.  And he's had the benefit of sitting through her deposition; he has guidelines here, he isn't trying to figure out what the witness might say.  But he sounds like he's never questioned a witness before.  I don't think it's a strategy, any more than Trump is a strategic thinker.

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