Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

By Matthew Menchel, Jonathan Cogan and Rebecca Mangold (October 25, 2018, 12:03 PM EDT) -- Whether it is in trial advocacy classes or prosecutor or public defenders' offices, virtually all novice trial lawyers are taught the same rules of direct examination. They are taught to start almost every question with one of the following words: who, what, why, when, where, how, describe or explain. They are taught that the role of the direct examiner is to stay out of the witness' way and "let the witness tell the story." Indeed, they are frequently taught that they should appear invisible and that their job is merely to prompt the witness to start speaking....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!