Teaching Witnesses To Avoid Cross-Examination Traps

Law360 (November 7, 2019, 4:31 PM EST) -- If you are a trial attorney, what’s one of the worst things that can happen to your case? It’s when your witnesses get trapped by their own words; admit to things they don’t believe and aren’t true; agree with opposing counsel’s version of what the facts mean; and contradict their own testimony.

When these things happen, witnesses lose credibility; their anxiety increases; their confidence decreases; they feel foolish; and they become frustrated, which leads to fight-or-flight.

Whether in the deposition or at trial, this is always bad and must (and can) be prevented. So what can trial attorneys do to prevent...

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