7 Keys To Improving Your Direct Examination

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 interesting. In opening and closing statements, as well as in cross-examination, the lawyer is "center stage." An important part of the ability to persuade is the immediate performance of the lawyer. With direct examination, to strain the analogy a bit, the lawyer's role is more akin to a director; the witness is truly the leading character. Frequently, this results in the critical error by the trial lawyer of putting direct examination last in order of priority both in terms of basic preparation of the witness and in terms of serious reflection about the lawyer's own role in the examination....

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