The Netflix documentary “Nobody Speak: Trials of the Free Press” tells the story of famous pro wrestler Hulk Hogan suing Gawker Media for posting a video of him engaging in sexual relations with a woman. For the trial lawyer, the documentary provides a teachable moment concerning the testimony of Gawker's Editor-in-Chief A.J. Daulerio.

Daulerio was asked in deposition what type of celebrity sex tape would not be newsworthy. He replied that a sex tape of a child wouldn't be newsworthy. Hogan's counsel pushed, asking under what age. Daulerio replied, “[under age] 4.” In a later interview, Daulerio explained that he was kidding and overreacted. No one was amused. Hogan won a jury verdict of $140 million, resulting in Gawker's bankruptcy.

All seasoned trial lawyers have experienced a client being facetious and losing composure. While there's no way to completely avoid this, there is one way to ameliorate it: conduct a realistic and prolonged mock cross examination of your own client. No amount of discussion can fully explain the question-and-answer process. Like anything difficult and unnatural, doing it right takes practice.